UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


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THE 

DIPLOMATIC  CORRESPONDENCE 

OF  THE 

UNITED  STATES  OF  AMERICA, 

FROM  THE  SIGNING  OF  THE 

DEFINITIVE  TKEATT  OF  PEACE, 

10th  SEPTEMBER,  1783, 

TO  THE 

ADOPTION  OF  THE  CONSTITUTION,  MARCH  4,  1789. 


THE  LETTERS  OF  THE  PRESIDENTS    OF   CONGRESS,  THE   SECRETARY    FOR   FOREIGN 

AFFAIRS— AMERICAN  MINISTERS  AT  FOREIGN   COURTS,   FOREIGN  MINISTERS 

NEAR  CONGRESS— REPORTS  OF  COMMITTEES  OF  CONGRESS,  AND  REPORTS 

OF    THE    SECRETARY   FOR   FOREIGN    AFFAIRS   ON   VARIOUS   LETTERS 

AND  COMMUNICATIONS; 

TOGETELER  VniB.    ' 

LETTERS  FROM  INDIVIDUALS  ON  PUBLIC  AFFAIRS. 


Published  under  the  direction  of  the  Secretary  of  State,  from  the  original  Manuscripts  in  the 
Department  of  State,  conformably  to  an  Act  of  Congress,  approved  May  5, 1832. 


VOL.  II. 


CITY  OF  WASHINGTON: 
PRINTED   BY   BLAIR    &    RIVES, 

1837. 


7563    4        937S1 


Extract  from  an  Act  of  Congress,  approved  Maij  5,  1832,  entitled  "An  Act  makir^ 
appropriation  for  the  support  of  Government  for  the  year  one  thousand  eight  hundred 
and  thirty-two." 

"To  enable  the  Secretary  of  State  to  cause  to  be  printed,  under  his  direction,  a 
'  selection  from  the  Diplomatic  Correspondence  of  the  United  States,  between  the 
'  peace  of  one  thousand  seven  hundred  and  eighty-three  and  the  fourth  of  March, 
'  one  thousand  seven  hundred  and  eighty-nine,  remaining  unpublished  in  the  Depart- 
*  raent  of  State,  twelve  thousand  dollars." 


EDITION  IN  THREE  VOLUMES, 

Published  by  John  C.  Bives, 

1855. 


TX 


CONTENTS 


SECOND    VOLUIME 


DIPLOMATIC  CORRESPONDENCE. 


CORRESPONDENCE  OF  THOMAS  JEFFERSON— Continued. 
Thomas  Jefferson  to  John  Jay.     Paris,  November  12,  1786 3 

Propositions  made  by  a  Dutch  company  to  the  Minister  of  Finance  to  purchase 
at  a  discount  the  debt  due  from  the  United  States  to  France.  Their  memorial. 
A  valuable  effect  would  be  produced  by  the  payment  of  the  whole  sum. 
(Question  of  a  loan  in  Holland.  Memorial  of  the  Dutch  company,  p.  3. 
Extract  from  the  Secret  Journal,  p.  8. 

Thomas  Jefferson  to  William  Carmichael.      Paris,  December  26, 
1786 10 

Encloses  a  resolution  of  Congress  recalling  Mr.  Lamb.  Notes  on  Virginia. 
American  affairs.  Tumultuous  meetings  in  some  of  the  States.  History  of 
their  grievances. 

Thomas  Jefferson  to  John  Jay.     Paris,  December  31,  1786 12 

Resolution  respecting  Mr.  Lamb  received,  who  pleads  ill  health  for  an  excuse 
for  disobedience.  Fears  some  misapplication  of  the  public  money.  If  the 
appointment  of  Mr.  Lamb  is  censurable,  acquits  Mr.  Adams.  His  letter  to 
Mr.  Adams  on  that  subject.  Motives  for  the  appointment.  Mr.  Barclay's 
mission  attended  with  complete  success.  Colonel  Franks  the  bearer  of  the 
original  treaty  with  Morocco.  Letter  from  Captain  O'Bryen  at  Algiers. 
Propriety  of  a  direct  mission  to  Algiers  and  Constantinople.  European 
affairs.  Encloses  a  letter  from  John  Lamb  to  Thomas  Jefferson.  Alicant, 
October  10,  1786,  p.  15.  Extract  from  Thomas  Jefferson  to  John  Adams. 
Paris,  September  24,  1785,  p.  15.  On  the  appointment  of  Mr.  Lamb.  J.  P. 
Jones  to  Thomas  Jefferson.  Paris,  August  16,  1766,  p.  17.  Relative  to  the 
muster-roll  of  the  Ariel. 
iii 


vi  CONTENTS. 

letter  from  his  sister.  Affairs  of  France.  Hard  tilings  said  in  relation  to 
the  debt  of  the  United  States.  Policy  of  quietins:  foreign  officers.  Interview 
with  Beaiimarchais.  Encloses  a  letter  from  Baron  Stael  do  Holstcin  to 
Thomas  Jeffi^-son.  Paris,  August  3,  1787,  p.  72.  Memorial  to  the  Mare- 
schal  de  Castries,  p.  74.  Thomas  Barclay  to  Messrs.  Adams  and  Jefferson. 
L'Orient,  July  13,  1787,  p.  76. 

Thomas   Jefferson   to   General    Washington.      Paris,    August    14, 
1787 78 

Letter  received  from  General  Washington  approving  of  a  modern  dress  for  his 
statue.  Inquiries  into  the  practicability  of  connecting  the  waters  of  Lake 
Erie  and  the  Ohio  river.  French  affairs.  Effect  of  an  European  war  upon 
the  United  States. 

Thomas  Jefferson  to  John  Jay.     Paris,  August  15,  1787 80 

Proceedings  of  the  French  Parliament.  Their  exile  to  Troyes.  Sailing  of  an 
English  squadron  a  step  towards  war. 

John  Jay  to  Thomas  Jefferson.     New  York,  October  24,  1787.  .81 

Letters  received  to  the  15th  August.  Transmits  a  commission  to  form  a  con- 
sular convention.  A  certified  copy  of  an  act  of  Congress  not  to  promote 
any  negotiation  to  transfer  any  part  of  the  debt  due  to  France  from  the 
United  States.  Other  acts  particularly  referred  to  and  transmitted.  The 
number  of  States  represented  in  Congress  daily  diminishes.  Mr.  Adams 
permitted  to  return. 

From  the  same  to  the  same,  October  24,  1787 83 

Explains  the  causes  of  the  delay  of  the  last  despatches.  Rumors  of  war 
between  France  and  England. 

Tliomas  Jefferson  to  John  Adams.     Paris,  August  30,  1787 ...  .83 

Affairs  of  France.  Separation  of  the  Notables.  Principal  facts  from  their 
adjournment  to  the  present  date.  Speculations  upon  European  affairs.  News 
from  America  to  the  19th  July.  Regrets  the  precedent  set  by  the  convention 
of  secret  session.  Their  measures  will  be  wise  and  good.  An  assembly  of 
demigods. 

Thomas  Jefferson  to  John  Jay.     Paris,  September  19,  1787 ...  .86 

Correspondence  opened  with  the  African  agents.  Ratification  of  the  Moroccan 
treaty  transmitted  to  them.  Captives  at  Algiers.  Claim  for  the  South  Caro- 
lina frigate  refrrred  to  M.  Gardoqui.  Proceedings  at  Paris.  European 
affairs.  Probability  of  a  general  war.  The  Count  di-  Moustier  is  nominated 
Minister  Plenipotentiary  to  America.  The  Archbishop  of  Thoulouse  Min- 
iilere  Principale.  Other  changes  in  the  Ministry.  De  la  Luzerne  Governor 
in  the  West  Indies.  Appears  well  disposed  to  favor  American  trade  in  the 
colonies. 

rom  the  same  to  tlie  same.     Paris,  September  22,  1787 90 

A  promise  on  the  part  of  the  French  Government  of  a  reduction  of  duties, 
llevolution  in  jiublic  opinion  as  to  the  powers  of  the  monarch. 

From  the  same  to  the  same.     Paris,  September  22,  1787 91 

Invasion  of  Holland  by  the  King  of  Prussia.  Success  of  the  Stadtholder. 
March  of  the  llu.saian  army  towards  the  frontier  f>f  Turkey. 

From  the  same  to  the  same.     Paris,  September  24,  1787 92 

Evnry  day  something  new  and  important.  Ijiforination  given  to  Count  dc 
Montmorin  by  Mr.  Eden  that  England  considers  lnr  convi;ntion  with  France 
relative  to  naval  armament.^  at  an  end,  and  that  they  are  arming  gen- 
erally. 

Thomas  Jefferson  to  John  Adams.     Paris,  September  28,  1787.  .93 

A  coj)y  of  Mr.  Adams's  book  rer.ived.  Conimeni.s  tiiereon.  Affairs  of  Hol- 
land a  warning  to  us,     Rule  of  conduct  adopted  by  England. 


CONTEXTS.  vii 

Thomas  Jefferson  to  M.  Dumas.     Paris,  October  24,  1787 94 

Has  written  to  the  Dutch  Minister  to  secure  protection  to  the  person,  family, 
and  eflects  of  M.  Dumas,  to  which  a  favorable  answer  has  been  received. 

Thomas  Jefferson  to  John  Jay.     Paris,  October  8,  1787 95 

European  affairs.  In  case  of  a  general  war  our  neutrality  will  be  attended 
with  advantages:  but  thinks  the  Government  of  England  will  not  permit  it; 
that  we  shall  be  driven  from  our  neutral  ground,  and  therefore  advises  warlike 
preparations.     Case  of  J\I.  Dumas. 

From  the  same  to  the  same.     Paris,  October  8,  1787 98 

The  Count  dc  Mousticr  will  deliver  this.  Favorable  sentiments  expressed  of 
the  Count.  Division  in  the  Councils  of  France  on  the  question  of  peace  or 
war. 

Thomas  Jefferson  to  M.  le  Comte  de  INIoustier.     Paris,  October  9, 

1787 99 

On  his  appointment  as  Minister  to  the  United  States. 

Thomas  Jefferson  to  M.  Dumas.     Paris,  October  14,  1787 100 

Relative  to  treating  with  the  Emperor  of  Germany.  No  longer  possessed  of 
power  to  treat.     Sympathy  for  Holland. 

Thomas  Jefferson  to  the  Count  de  Montmorin.     Paris,  October  23, 
1787 100 

Relative  to  the  arret;  prohibiting  the  importation  of  whale  oils  and  spermaceti 
of  foreign  fisheries.  Asks  information  concerning  the  extent  of  the  arret. 
Great  importance  of  the  subject  to  one  of  the  members  of  the  Union. 

Thomas  Jefferson  to  John  Jay.     Paris,  November  3,  1787 102 

Detail  of  European  affairs.  Solution  of  the  British  armaments.  The  conquest 
of  America.  Thinks,  nevertheless,  the  reestablishmcnt  of  the  Stadtholder 
was  their  object.  Letter  from  O'Bryen  at  Algiers.  Difficulty  of  ransoming 
the  captives.  Declaration  referred  to  in  the  preceding  letter,  p.  107.  Counter 
declaration,  p.  108. 

From   tlie   same   to    the   same,    (private.)      Paris,    November   3, 

1787 108 

Details  of  the  Court  and  Cabinet  of  Versailles.  Infidelity  of  the  French  Post 
Office. 

Thomas  Jefferson  to  the  Count  de  Montmorin.     Paris,  November  6, 
1787 Ill 

Case  of  an  American  hostage  confined  in  the  prisons  of  Dunkirk.  Solicits 
his  liberation.  Duties  imposed  upon  whale  oil  in  England.  Position  of  the 
Nantucket  fishermen.  Their  expectations  from  France.  Reasons  for  a 
reduction  of  duty  by  France.  The  expiration  of  the  order  of  Berni  will 
produce  embarrassments  to  the  merchants  in  the  tobacco  trade.  Solicitous 
to  obtain  the  ultimate  decision  of  his  Majesty's  Council. 

Thomas  Jefferson  to  John  Adams.    Paris,  November  13, 1787.  .113 

Mr.  Rutledge  the  bearer.  Letters  of  various  dates  acknowledged.  European 
affairs.  Distress  of  the  Count  de  Montmorin  on  signing  the  counter  declara- 
tion.    Opinion  of  the  new  Constitution. 

Thomas  Jefferson  to  Colonel  Smith.   Paris,  November  13, 1787  ..115 

Endeavors  to  show  civilities  to  Americans  in  Paris.  Remarks  on  the  new 
Constitution. 

Thomas  Jefferson  to  William    Carmichael.     Paris,  December  11, 
1787 117 

Regret  at  Mr.  Carmichael's  inability  to  decypher  a  former  letter.  Particularly 
questioned  by  Mr.  Eduu  as  to  the  cflcct  of  our  treaty  with  France  in  the 


viii  CONTENTS. 

event  of  a  war.  His  peculiar  bitterness  towards  us.  Our  new  Constitution 
attacked  in  the  American  papers.  Objections.  Probable  course  of  the  States 
in  regard  to  it.  Sale  of  the  western  lands  successful.  Survey  of  the  Isthmus 
of  Panama.     Would  be  pleased  to  possess  details  of  survey,  &c. 

Thomas  Jefferson  to  John  Adams.    Paris,  December  12,  1787. .  120 

Relative  to  Fizeaux's  loan.  His  letter  to  them.  Their  letter  transmitted  to 
Congress.  No  reply.  Credit  should  be  sustained  in  Holland.  Refers  the 
matter  to  the  consideration  of  Mr.  Adams. 

Thomas  Jefferson  to  James  Madison.  Paris,  December  20, 1787 . .  121 

Remarks  and  opinions  upon  the  new  Constitution. 

Thomas  Jefferson  to  John  Jay.    Paris,  December  31,  1787 ....  126 

Anxious  to  obtain  an  arret  upon  the  substance  of  M.  de  Calonne's  letter.  De- 
ferred by  frequent  changes  of  the  Comptroller  General.  At  length  obtained. 
Aid  of  the  Marquis  de  la  Fayette  invaluable.  Remarks  upon  the  articles  of 
the  arret.     European  affairs. 

Thomas  Jefferson  to  M.  le  Comte  de  Bernstorff.  INIinister  of  Foreiorn 
Affairs,  Copenhagen.     Paris,  January  21,  1788 130 

Claims  indemnification  for  the  value  of  three  prizes  made  by  Commodore  Paul 
Jones  during  the  late  war,  which  put  into  Bergen  in  distress,  and  were  deliv- 
ered up  to  the  English  by  orders  from  the  Court  of  Denmark.  Commodore 
Jones  deputed  special  agent. 

Thomas  Jefferson  to  John  Jay.     Paris,  February  5,  1788 131 

Letters  delivered  in  the  case  of  the  brig  Absolonia.  European  affairs.  Violent 
opposition  raised  to  tlie  arret  for  the  encouragement  of  American  commerce. 
Intelligence  from  Algiers. 

From  the  same  to  the  same.     Amsterdam,  March  13,  1788 ....  133 

Visits  Amsterdam  for  the  purpose  of  effecting  arrangements  with  the  bankers. 

From  the  same  to  the  same.     Amsterdam,  March  16,  1788. . . .  134 

Particular  details  of  the  journey  to  Amstordam.  Mr.  Adams  met  at  the  Hague. 
Arrangements  made  with  the  bankers  of  Amsterdam.  Provisions  made  for 
the  years  1789  and  1790.  European  affains.  Suspicions  entertained  of  the 
Spanish  armament.  Extract  from  the  Count  de  Vergeuues's  despatch  to  the 
Marquis  de  Verac,  p.  137. 

John  Jay  to  Thomas  Jefferson.    November  3,  1787 138 

Transmits  an  act  of  Congres.s  containing  instructions  relative  to  the  demands 
of  the  United  States  against  the  Court  of  Denmark.  Georgia  distres.sed  by 
the  Indians.     Extract  from  the  Secret  Journal,  October  25,  1787,  p.  139. 

From  the  same  to  the  same.     New  York,  April  24,  1788 140 

Letters  acknowledged  to  the  5th  February.  No  orders  respecting  them.  The 
commercial  arrangements  of  France  bear  marks  of  wisdom  and  liberality. 
Thinks  France  should  give  Americans  the  privileges  of  Frenchmen,  receiving 
in  return  tiic  privileges  of  Americans. 

From  the  same  to  the  .same.  May  16,  1788 141 

Accession  of  Maryland  to  tlie  number  of  States  which  have  adopted  the  Con- 
stitution. 

Thomas  Jefferson  to  the  Commissioners  of  the  Treasury.     Paris, 
February  7,  1788 141 

Commodore  Jones  has  drpardd  for  Cnpenhiig'n.  Lftler  from  the  bankers, 
Mrssr.s.  Willinks  &  Sta|)hors(.s.  Extract  therefrom.  Financial  affairs. 
Critical  situation  of  American  credit.     Offers  to  proceed  to  Holland. 

Thomas  Jefferson  to  John  Adams.     Paris,  March  2,  1788 143 

Determines  to  meet  Mr.  Adams  at  the  Hague,  with  a  view  to  financial  arrange- 
mcntB. 


CONTENTS.  ix 

John  Jay  to  Thomas  Jefferson.     June  9,  1T88 144 

Letters  acknowledged  to  the  16th  March.  Copies  of  several  acts  transmitted,  and 
papers  in  the  case  of  Francis  Cazcau.    On  the  adoption  of  the  Constitution. 

Thomas  Jefferson  to  M.  Dumas.    Amsterdam,  March  29,  1788. .  145 

Relative  to  his  salary.     Remarks  on  the  American  Constitution. 

Thomas  Jefferson  to  the  Commissioners  of  the  Treasury.     Amster- 
dam, March  29,  1788 146 

On  the  transfer  of  the  domestic  debt  to  foreigners.  Its  injurious  consequences. 
Mode  of  prevention. 

Thomas  Jefferson  to  John  Jay.     Paris,  May  4,  1788 147 

Progress  of  the  loan  in  Holland.  Call  of  France  for  the  interest  of  the  debt 
due  toiler.  Redemption  of  prisoners  at  Algiers.  Mr.  Jefferson's  conduct 
misunderstood  on  that  subject.  Letter  from  our  agent  atMogadore.  Threats 
of  the  Emperor  of  Morocco  against  the  Netherlands.  Spanish  armament. 
Commodore  Paul  Jones  has  accepted  the  offer  of  the  Empress  of  Russia  to 
enter  her  service  as  Rear  Admiral.  Correspondence  between  Commodore 
Jones  and  Count  de  Bernstorff  enclosed.  Debt  of  the  United  States  of 
Amei-ica,  p.  150.  John  Paul  Jones  to  Count  de  Bernstoff.  Copenhagen, 
March  24,  1788,  p.  152.  From  the  same  to  the  same.  Copenhagen,  March 
30,  1788,  p.  152.  From  the  same  to  the  same.  Copenhagen,  April  5,  1788, 
p.  153.     Count  de  Bernstorff  to  John  Paul  Jones,  p.  154. 

From  the  same  to  the  same.     Paris,  May  23,  1788 155 

Proceedings  at  Paris.  Arrest  of  members  of  Parliament.  Progress  of  the 
revolution.  European  affairs.  Arming  of  the  northern  Powers.  Gradual 
and  general  arming  in  Europe  will  be  productive  of  war.  Complaints  of  the 
fljTefof  December  29  by  the  French  merchants.  An  a?Tei  passed  abridging  the 
entrepot  of  cod-fish.     Advices  from  the  bankers  of  the  state  of  the  finances. 

From  the  same  to  the  same,  (private.)     Paris,  May  27,  1788. .  160 

Delay  in  the  settlement  of  account;  how  occasioned.  Relative  to  outfit.  Insuf- 
ficiency of  salary  alone  to  support  a  foreign  Minister.  Mr.  Jay  requested 
to  confer  with  Mr.  Madison  upon  the  subject. 

Thomas  Jefferson  to  WiUiam  Carmichael.  Paris,  May  27, 1788 . .  163 

Relative  to  a  survey  of  the  Isthmus  of  Panama,  (Dai'ien)  American  affairs. 
Kentucky  a  separate  Government.  Dispute  with  the  new  French  Minister. 
Conduct  of  Massachusetts  in  accepting  the  new  Constitution.  Riot  in  New 
York.     The  Doctors'  mob.     An  account  thereof. 

Thomas  Jefferson  to  John  Jay.     Paris,  May  30,  1788 166 

Delay  of  Mr.  Warville  affords  an  opportunity  of  conveying  farther  intelli^rencc 
of  the  proceedings  at  Paris. 

John  Jay  to  Thomas  Jefferson,  September  23,  1788 166 

Letters  received  to  the  30th  May.  Encloses  an  act  of  Congress  authorizing 
the  subsistence  of  the  captives  at  Algiers.  Postpones  details  in  reply  to 
subject  of  salary  and  outfit  for  a  private  letter. 

Thomas  Jefferson   to   the  Comte   de   Bernstorff.     Paris,  June   19, 
1788 167 

Refers  to  a  former  letter  on  the  subject  of  the  prizes  taken  by  Admiral  Paul 
Jones  and  sent  into  Norway.  That  officer  was  delegated  to  arrange  the 
affair.  Mr.  Jefferson  is  in  possession  of  lull  powers  on  that  subject;  but  the 
commission  for  forming  treaties  of  amity  and  commerce  has  expired.  Presses 
a  final  settlement  of  the  claim  upon  Denmark. 

Thomas    Jefferson    to    Count    de    Montmorin.      Paris,    June    20, 

1788 163 

Gives  a  general  idea  of  the  changes  which  should  be  made  in  the  consular  con- 
vention.   Reasons  assigned  at  large  for  the  proposed  alterations. 


X  CONTENTS. 

Thomas  Jefferson  to  John  Jay.     Paris,  July  29,  1788 1 73 

Encloses  a  letter  from  Julien  Laurent,  claiming  wages,  «&c. 
From  the  same  to  the  same.     Paris,  August  3^  1788 174 

Proccedin£;s  of  the  Noblesse  of  Bretagne.  Arrival  of  Ambassadors  from 
Tippoo  Saib.  Hostilities  commenced  by  Sweden  against  Russia.  Progress 
of  the  Turkish  war.  Dispute  between  the  Papal  Sec  and  the  King  of  Naples. 
Two  volumes  of  Silas  Deane's  letters  offered  for  sale  to  Mr.  Jefferson. 
Extract  from  the  account  book.  On  the  purchase  of  the  liquidated  domestic 
debt  by  foreigners.  Reply  of  the  King  to  the  Deputies  and  Commissioners 
of  the  States  of  Brittany,  p.  178.  Extract  from  Silas  Deane's  account  book, 
pp.  179-180. 

From  the  same  to  the  same.     Paris,  August  10,  1788 181 

European  affairs.  Battle  between  the  Swedes  and  Russians.  Swedish  mani- 
festo.    Death  of  the  Marcschal  de  Richelieu. 

From  the  same  to  the  same.     Paris,  August  11,  1788 182 

An  arret  for  the  assembling  of  the  States  General.  Intelligence  from  Algiers. 
Excessive  demand  for  the  redemption  of  prisoners.  Dispute  between  Algiers 
and  France. 

John  Jay  to  Thomas  Jefferson,  November  25,  1788 183 

Letters  acknowledged  to  the  11th  August.  Advises  the  purchase  of  Silas 
Deane's  books.  Transmits  a  letter  from  Robert  Montgomery,  of  Alicant, 
on  Barbary  affairs.     Mr.  Nesbit  the  bearer. 

Thomas   Jefferson    to  Wilham    Carmichael.      Paris,    August    12, 
1788 185 

American  affairs.  The  Constitution  accepted  by  eleven  States.  Congress  has 
acceded  to  the  prayer  of  Kentucky  to  become  a  member  of  the  Union. 
Promotion  of  Paul  Jones.  Approbation  of  the  proceedings  of  the  French 
Ministry. 

Thomas  Jefferson  to  John  Jay.     Paris,  August  26,  1788 187 

European  affairs.  Victory  of  the  Russians  in  the  Black  Sea.  Affairs  of 
France. 

From  the  same  to  the  same,  September  3,  1788 188 

Continuation  of  French  affairs.  Disorders  in  Paris.  Appointment  of  Mr. 
Nccker.  From  the  same  to  the  same.  Paris,  September  6,  1788.  Relative 
to  the  appropriation  of  the  loan  of  a  million  of  guilders. 

From  the  same  to  the  same,  September  6,  1788 189 

Receivid  Mr.  Remsen's  favor  of  the  25th  instant,  enclosing  ratification  of  loan 
of  Mr.  Adams  in  Amsterdam. 

From  the  same  to  the  same.     Paris,  September  24,  1788 190 

The  Russians  had  overrated  their  victory  in  tlie  Black  Sia.  Bflievea  the  Cap- 
tain Pacha  still  master  of  that  sea.  Affairs  of  Europe.  Tiie  Deputies  of 
Brittany  are  n.-leaijed. 

Thomas  Jefferson  to  the  Commissioners   of  the  Treasury.     Paris, 
September  G,  1788 192 

Tran.smiis  certain  papers  by  Mr.  Vannet,  to  be  delivered  at  Ni;w  York.  The 
ratification  of  ilie  loan  of  1788  received. 

Thomas  Jefferson  to  John  Jay.     Paris,  November  14,  1788 193 

CauHe  of  the  delay  of  mtrring  upon  llie  consular  convention;  at  length  com- 
pl<l«d,  and  tlie  original  tranNinittcd  for  tin!  ratification  of  Congress.  A  brief 
••nutni'ralion  of  tin-  rhaniT's  <-ff'ci(d.  Encloses  tin'  scvtral  schemes  succea- 
sivily  pro|ioscd.  Obsirvations  niion  consular  np()oiiitm(nis.  Prefirence  to 
be  giviM  t<j  native  cili/.fns  over  aliens.  Adds  loml  oi)strvaiions  on  the  j)urts 
of  France.    Suic  of  the  dispute  willi  Schwcighauatr  &,  Dobrc.     First  form 


CONTENTS.  xi 

proposed  on  the  part  of  the  United  States,  p.  199.  First  counter  proposition 
on  the  part  of  France,  p.  205.  Second  form  proposed  on  the  part  of  the 
United  States,  p.  218.     Consular  convention  as  finally  signed,  p.  224. 

Thomas  Jefferson  to  John  Jay.  Paris,  November  19,  1788 231 

European  affairs.  An  arret  forbidding  the  importation  of  foreign  whale  oils. 
Letter  on  the  subject  to  the  Count  de  Montmorin.  Asks  of  Congress  a  leave 
of  absence.  Consular  convention  finished,  except  the  ratification.  Recom- 
mends Mr.  Short,  who  will  be  charged  with  affairs  in  his  absence.  Crop  of 
corn  short  in  France;  desired  by  Mr.  Necker  to  make  known  the  fact  to 
American  merchants,  ^irret  of  the  King's  Council  of  State  prohibiting  the 
importation  of  foreign  oils,  September  28,  1788,  p.  236. 

Thomas  Jefferson  to  Count  de  IMontmorin.      Paris,  October  23, 
1788 238 

Relative  to  the  arret  prohibiting  the  importation  of  whale  oils,  and  spermaceti, 
the  produce  of  foreign  fisheries.     Observations  on  the  whale  fishery,  p.  240. 

Thomas  Jefierson  to  John  Jay.     Paris,  November  29,  1788. . .  .253 

An  arret  giving  a  premium  on  wheat  and  flour  from  the  United  States.  Affairs 
of  France.  Great  severity  of  cold.  European  affairs.  The  King  of  Eng- 
land a  lunatic.  »?»t<?<  of  the  King's  Council  of  State,  November  23,  1788, 
p.  255.  ^rret  of  the  King's  Council  of  State,  November  23,  1788.  Respect- 
nig  the  commerce  of  grain,  p.  256. 

John  Jay  to  Thomas  Jefferson,  March  9,  1789 258 

The  States  have  not  been  represented  in  Congress.  Business  neglected.  Mem- 
bers of  the  new  Government  assembling.  General  Washington  known  to 
be  elected  President,  and  Mr.  Adams  Vice  President.  Letters  received  to 
the  29th  November.  Approves  of  the  alterations  in  the  consular  convention. 
Conduct  of  Mr.  Jefferson  greatly  commended.  Regrets  there  is  no  power 
or  authority  to  grant  the  leave  of  absence  requested. 

Thomas  Jefferson  to  John  Adams.     Paris,  December  5,  1788.  .259 

The  admission  of  British  whale  oil  into  France.  The  consequences.  Trans- 
mits a  copy  of  his  observations  on  the  whale  fishery. 

Thomas  Jefierson  to  John  Jay.     Paris,  January  11,  1789 261 

Excessive  cold  in  Europe.  Russian  military  operations.  Character  of  the 
Prince  of  Wales.  His  education,  associates,  conversation,  &e.  Progress  of 
France  in  her  revolution.  Arrangement  with  the  General  of  the  Mathurins  to 
provide  for  the  necessities  of  the  prisoners  at  Algiers.  Though  there  is  no 
definitive  answer ,  thinks  the  last  million  loan  in  Holland  may  be  counted  upon. 

From  the  same  to  tlie  same.     Paris,  January  14,  1789 ,266 

Relative  to  the  explanatory  arret  on  the  subject  of  whale  oils.  Has  received  a 
letter  from  M.  Necker.     European  affairs.     Oczakow  taken  by  assault. 

M.  Necker  to  Thomas  Jefferson.    Versailles,  January  11, 1789.  .267 

Relative  to  the  importation  of  whale  oils,  fish  oils,  &c.  Encloses  an  arret  of 
the  King's  Council  of  State,  December  7,  1788,  p.  268. 

Thomas  Jefferson  to  John  Jay.     Paris,  January  21,  1789 270 

The  French  Ministry  press  the  concurrence  of  the  United  States  in  endeavoring 
to  prevent  the  fraudulent  importation  of  British  whale  oil  in  American  bot- 
toms. Count  de  la  Luzerne  to  Thomas  Jefferson,  June  18,  1789.  On  tlie 
subject  of  whale  oil,  p.  270. 

From  the  same  to  the  same.     Paris,  February  4,  1789 271 

Relative  to  the  misconduct  of  the  Count  de  Moustier.  Representation  to  the 
Count  de  Montmorin.  Leave  of  absence  will  probably  he  given  to  M.  dc 
Moustier.     M.  Ternant  will  be  sent  over  as  Chai'ge  d 'Affaires. 

From  the  same  to  the  same.     Paris,  March  1,  1789 273 

European  affairs.  Revolution  in  Geneva.  Riots  in  Brittany.  Has  received  a 
letter  from  Admiral  Paul  Jones,  dated  at  St.  Petcrsburgh. 


Xii  CONTENTS. 

Thomas  Jefferson  to  John  Jay.     Paris,  March  12,  1789 275 

Deane's  two  volumes  of  letters  and  accounts  purchased.  Has  written  to  a 
friend  in  London  to  endeavor  to  obtain  the  other  volumes.  Letter  from  the 
bankers  in  Holland  on  financial  affairs.  France  engaged  in  her  elections. 
Affairs  of  Europe.  M.  del  Pinto  at  the  head  of  the  Portuguese  Ministry. 
Thinks  the  negotiation  may  be  successfully  renewed  with  that  Court. 

Thomas  Jefferson  to  Messrs.  VVillinks  h  Van  Staphorsts.    Paris,  Feb- 
ruary 22,  1789 278 

On  financial  affairs.  Memorial  on  the  subject  of  the  money  France  assumed 
to  pay  the  Emperor  for  the  Dutch,  p.  279. 

Thomas  Jefferson  to  John  Jay.     Paris,  March  15,  1789 282 

Certain  information  from  London  that  no  other  books  of  Silas  Deane  exist  but 
the  two  purchased.     Postscript,  affairs  in  the  north  of  Europe. 

Thomas  Jefferson  to  William  Carmichael.    Paris,  May  8, 1789.  .283 

Papers  relative  to  the  Isthmus  of  Darien  omitted  to  be  enclosed  in  Mr.  Car- 
michael's  letter.  American  affairs.  Account  of  the  riot  in  Paris.  Opening 
of  the  States  General,  &c. 

Thomas  Jefferson  to  John  Jay.     Paris,  May  9,  1789 285 

Affairs  of  Europe.  Detailed  account  of  the  progress  of  the  French  revolution. 
Proposition  of  M.  Necker  to  abohsh  the  free  ports. 

From  the  same  to  the  same.     Paris,  May  12,  1789 289 

Continuation  of  French  affairs.  Health  of  the  Emperor  and  King  of  England. 
Stores  seized  by  Schweighauser  &  Dobrc. 

From  the  same  to  the  same.     Paris,  June  17,  1789 290 

lio  letters  received  later  than  the  25th  of  November.  Death  of  the  Grand 
Seignior.  Prospects  for  Russia.  State  of  health  of  the  King  of  England. 
Affairs  of  Fraiif-e.  Progress  of  the  States  General.  Proceedings  in  St. 
Domingo.     De  Moustier  has  asked  his  conge.     Character  oC  M.  Necker. 

From  the  same  to  the  same.     Paris,  June  24,  1789 297 

Continuation  of  French  affairs.  June  25 — Narration  continued.  Will  keep 
Mr.  Jay  informed  of  events. 

From  the  same  to  the  same.     Paris,  June  29, 1789 301 

Transactions  at  Paris.  Letter  of  the  King  to  the  President  of  the  clergy. 
Similar  letter  to  the  President  of  the  Noblesse.  Progress  of  the  revolu- 
tion. 

From  the  same  to  the  same.     Paris,  July  19,  1789 303 

List  of  letters  written;  fears  some  general  miscarriage.  C'a|>iure  of  French 
merchant  Mhips  by  the-  Algerines.  Insolence  of  those  pirates.  Scarcity  of 
bread  in  France,  and  proeeeding  of  M.  Mirnbeau  to  censure  M.  Necker. 
Continuation  of  the  de-tails  of  thi;  French  revolution.  Ciiange  of  Ministry. 
Taking  of  the  IJasiiie.  Amende  lionoralile  (if  tlie  King  Visit  to  Versailles. 
M.  Montmorin  and  St.  Priest  replaced  in  the  Miiiistry.  Postscrijit,  July  21 — 
further  chtingeH  in  the  Ministry. 

From  the  same  to  the  same.     Paris,  July  23,  1789 310 

ProceedingM  at  Paris.     Two  of  tlu-  obnoxious  Miyistry  niassacri  (I. 

From  the  same  to  the  sanio.     Paris,  July  29,  17H9 311 

LeiterM  received  from  Mr.  Jay  in  (he  JItli  of  .March.  Ilesionition  of  M. 
Necker.  Fligiil  of  the  IViix-i-.s  of  the  blood  royal.  Tuniiilis  supposed  lo 
bo  excili:d  by  the  Uritish.  Disavowed  by  their  AmbaHsador.  Stale  of  the 
King  of  l^igland. 

From  the  same  lo  tht^  same     i'aris,  Aufrust  5,  1789 313 

State  of  Paris.  Nomination  of  other  Ministers.  Proceedings  of  the  National 
A»8cmbly.    FrctcDBiona  of  the  city  of  Puria. 


CONTENTS.  xiii 

Thomas    Jefferson    to    William    Carmichael.      Paris,    August    9, 
1789 314 

Expectation  of  permission  to  return  to  America.  Probable  arrangement  of  the 
new  American  Cabinet.     American  atiairs.     Affairs  of  France. 

Thomas  Jefferson  to  John  Jay.     Paris,  August  12,  1789 317 

The  National  Assembly,  how  occupied.  Paris  quiet.  Distressing  details  from 
the  country. 

John  Jay  to  Thomas  Jefferson,     New  York,  June  19,  1789..  .  .317 

Announces  Mr.  Jefferson's  permission  to  return.  Mr.  Short  appointed  to  take 
cluir<;e  of  the  public  affmrs.  Causes  of  the  delay  in  obtaining  the  leave  of 
absence.  Resolution  of  the  Senate.  Indisposition  of  the  President.  Reasons 
for  writing  informally. 

Thomas  Jefferson  to  John  Jay.     Paris,  August  27,  1789 319 

Letter  of  June  19th  received.  Will  sail  directly  for  Virginia.  Information 
from  the  bankers  in  Holland  on  financial  affairs.  Affiirs  in  the  north  of 
Europe.  Revolution  in  the  Bishoprick  of  Liege.  State  of  Paris,  and  details 
of  afRiirs  of  France.  Character  of  the  Duke  d'Orleans.  Project  of  selling 
the  French  West  India  Islands  for  money.  The  idea  of  their  emancipation 
prevailing  in  the  minds  of  some  members  of  the  National  Assembly. 

From  the  same  to  the  same.     Paris,  September  19, 1789 324 

Consigns  to  Mr.  Jay  a  box  of  officers'  muskets.  Statement  of  ships  fitted 
out  by  the  English  for  the  whale  fishery  in  1783  and  1789.  The  Geiieral  of 
the  order  of  JVIathurins  authorized  to  redeem  the  captives  at  Algiers.  In 
case  of  danger  of  bankruptcy  has  directed  Mr.  Short  to  withdraw  United 
States  funds  trom  the  hands  of  M.  Grand  and  to  pay  them  to  the  Govern- 
ment. Conduct  of  M.  Marbois  in  St.  Domingo.  Improvement  of  American 
credit  at  Amsterdam.  Transfer  of  the  domestic  debt  to  Europe.  Unsuc- 
cessful issue  of  the  French  loan.  Proceedings  of  the  National  Assembly. 
Parties  in  France.  Course  of  the  Marquis  de  la  Fayette.  Speculations  upon 
European  affairs. 

From  the  same  to  the  same.     Havre,  September  30,  1789 330 

Proceeds  to  Cowes,  and  thence  to  Norfolk,  in  Virginia.  Will  go  directly  to 
his  own  house,  and  thence  to  New  York.  Proceedings  of  the  National 
Assembly.  State  of  the  French  finances.  Consumption  of  bread  in  France. 
Writes  to  M.  Necker  on  the  importation  of  salted  provisions  into  France. 
Improvement  of  our  commerce  at  Havre.  Arrangement  for  lading  with  salt 
at  Honfleur. 


CORRESPONDENCE  OF  JOHN  ADAMS. 

The  Honorable  John  Adams,  Minister  Plenipotentiary,  to  his  Excel- 
lency the  President  of  Congress.    London,  November  9,  1783 . .  335 

In  September  dangerously  ill  at  Paris.  On  the  20th  October  quitted  Aufeuil, 
neighborhood  of  Passy,  for  London.  Arrived  in  London  the  2(ii\\  October. 
Mr.  Jay  met  in  London.  In  a  private  capacity;  will  continue  so  unless 
authorized  to  negotiate  on  connnerce.  Commission  and  instructions  expected; 
upon  till"  reception  of  which  Mr.  Hartley  is  empowired  to  finish  business. 
Thinks  the  negotiation  would  succeed  better  here  than  at  Paris. 

From  the  same  to  the  same.     London,  November  13,  1783. .  .336 

Opinion  of  the  British  Ministry.  The  King's  recommendation  of  the  navisja-^ 
tion  act.  The  coalition  count  a  great  majority  of  members  of  the  House  of 
Commons;   intend  to  strengthen"  themselves;  in  what  manner;  causes  for 


Xiy  CONTENTS. 

apprehension  to  the  ruling  Ministry.  Demands  of  Ireland;  policy  pursued 
towards  that  country.  Ditficulties  of  the  East  Indian  system.  Public  credit. 
A  deficit  of  c£'4,000,000.  A  loan  difficult,  but  popular.  The  United  States 
another  object  of  debate;  probable  friendly  course  of  an  opposition.  Diffi- 
culty of  dissuading  the  Administration  from  the  policy  their  proclamations 
exhibit.  London  the  only  suitable  place  for  negotiating.  Mode  of  awing 
the  Ministry.  Better  treating  in  London  than  Paris,  even  if  Dr.  Franklin  be 
associated.  Letter  from  Mr.  Hartley.  Interview  requested.  Request  a 
matter  of  mere  form.  Importance  of  the  real  friendship  of  America. 
Present  Ministers  affecting  to  believe  otherwise.  Another  war  the  fatal  con- 
sequence. 

Extract  from  the  Secret  Journal  of  Foreign  Affairs,  January  31, 
1785 339 

*'  Resolution  to  send  a  Minister  to  Great  Britain." 

Resolution  limiting  the  period  of  service  to  Ministers  and  others  to 
three  years,  February  18,  1785 339 

Election  of  John  Adams  to  be  Minister  Plenipotentary  to  the  Court 
of  Great  Britain,  February  24,  1785 340 

Report  of  Secretary  Jay  of  February  5,  1785 340 

Instructions  to  the  Minister  Plenipotentiary  at  the  Court  of  Great  Britain. 

Report  of  Secretary  Jay,  February  10,  1785 341 

Case  of  Blair  McClenachan. 

Extract  from  the  Secret  Journal  of  Foreign  Affairs,  March  7, 
1785 34-2 

Congress  permit  the  return  of  Dr.  Benjamin  Franklin. 

John  Jay  to  John  Adams.     New  York,  March  15,  1785 343 

Encloses  extracts  from  the  Journals  of  Congress,  which  give  information  of 
his  appointment,  &c. 

From  the  same  to  the  same.     INIarch  18,  1785 344 

Dflay  of  the  packet  in  sailing.  Commission,  instructions,  &c.,  prepared. 
Commissions  to  John  Adams  and  W.  .Smith.  Extract  from  the  {Secret  Jour- 
nals of  Congress,  March  14,  17H5,  p.  344. 

John  Adams  to  John  Jay.  I5ath  Hotel,  Westminster,  May  29, 
1785 345 

Arrival  at  Westminster,  May  25,  1785.  Mnts  Ct)lonel  Smith,  and  visits  Lord 
Caermarllien,  who  gives  his  advice  with  regard  to  tlie  presentation  of  creden- 
tials and  introduction  to  their  Majesties.  Correspondence  with  the  Secretary 
of  State  transinitiud,  Nos.  1,  2,  3,  4,  5. 

John  Jay  to  John  Adams.     March  3 1 ,  1785 348 

Transmits  a  certified  copy  of  an  act  of  Congress  of  tin;  21st  instant,  p.  348. 

From  the  same  to  the  same.     New  York,  April  13,  1785 349 

Rifers  to  former  Ittters  committed  to  Paul  Randall,  Esq.;  liltrrs  also  written 
by  Captain  IjamI).  EmcIo.m'h  copies  of  papers  rrspecling  tlie  di'portation  of 
nrfrrni-H  and  (|i'i)lH  duf  British  mi-rcliants.  On  these  subjects  mstniciions 
partly  turn;  the  papers  are  thereforr'  transmitted.  PiioevH  transniilled:  Ex- 
tract of  n  letter  from  Sir  Guy  Carlitoii  to  Giiieral  Wasliingion,  May  12, 
1783,  p.  3^>U.  Extract  from  the  General  Order  of  General  Washington, 
April  15,  17h3,  p..351.  Copy  of  u  Resolution  of  Congress  of  2(>ih  May, 
17H3,  p.  352.  General  Washin^'ton  to  Sir  Cruy  Carleton,  June  2,  1783,  p. 
353.  Extract  of  a  letter  from  Sir  Guy  Carleton,  in  answer,  p.  3.')3.  Extract 
of  a  Irlter  from  llie  CcmimiMsioners  to  General  Washington,  June  14,  1783, 
p.  353.     Extract  of  u  Remonstrance  from  the  CommiHaioners  to  Sir  Guy 


CONTENTS. 


XV 


Cnrloton,  p.  354.  Copy  of  a  Rcmonstranco  to  Sir  Guy  Carloton,  June  9, 
1783,  p.  354.  General  Washington  to  the  President  of  Congre.ss,  June  28, 
1763,  p.  35G.  Copy  of  a  letter  from  Sir  Guy  Carleton  to  Robert  R.  Living- 
ston, April  14,  17b3,  p.  357.  Copy  of  a  letter  from  General  Washington  to 
the  President  of  Congress,  May  8,  1783,  p.  358.  Copy  of  a  letter  from 
General  Washington  to  Sir  Guy  Carleton,  May  C,  1783,  p.  359.  Confrenee 
between  General  Washington  and  Sir  Guy  Carleton,  p.  361.  Copy  of  the 
Appointment  and  Instructions  of  the  Commissioners,  p.  363. 

John  Adams  to  John  Jay.     London,  May  30,  1785 365 

Acknowledges  the  receipt  of  Mr.  Jay's  letter  of  the  31st  March,  with  a  reso- 
lution of  Congress  of  the  yist  March.  Will  obey  the  spirit  of  the  resolution. 
The  course  of  his  Danish  Majesty  has  produced  a  more  liberal  decision  in 
England  in  conferring  holy  orders.  Letters  of  the  13th  April  received.  No 
news  of  Captain  Lamb.  Opinion  of  the  French  Court  that  Congress  should 
send  a  Consul  with  full  powers.  Receipt  of  various  communications  from 
Mr.  Jay.  Ministers  write  monthly,  but  possess  no  certain  evidence  of  their 
letters  being  received.  Visits  of  English  gentlemen;  their  conversation. 
Will  be  received  in  all  respects  as  other  foreign  Ministers.  It  does  not  follow 
they  will  do  what  their  honor  and  public  faith  require,  either  with  regard  to 
the  posts,  negroes,  or  debtors.  Can  ascertain  nothing  until  publicly  acknowl- 
edged, and  time  has  been  had  to  discuss  these  questions.  P.  S.  Informed 
by  Sir  Clement  C.  Dormer  that  an  audience  will  be  granted  on  Wednesday. 

From  the  same  to  the  same.     Bath  Hotel,  Westminster,  June  1, 
1785 367 

Audience  of  his  Majesty.  Usual  ceremony  and  all  necessary  formalities,  with 
some  marks  of  attention.  Hopes  soon  to  be  able  to  give  some  opinion  of  the 
disposition  of  the  King  and  Ministers. 

From  the  same  to  the  same.     Bath   Hotel,  Westminster,  June  2, 
1785 367 

Advice  of  Lord  Caermarthen  and  others  to  make  speeches  to  their  Majesties, 
being  in  accordance  with  form  and  custom.  Invited  by  Lord  Caermarthen 
to  accompany  him  in  his  coach  to  Court.  Detailed  account  of  the  interview 
with  the  King.  The  speech  of  Mr.  Adams  and  reply  of  the  King;  manners 
of  the  King,  who  appeared  deeply  affected.  Conversation  which  ensued, 
and  departure.     Other  ceremonies  to  go  through.   Visit  to  the  Q,ueen,  &c. 

From  the  same  to  the  same.     Bath   Hotel,  Westminster,  June  6, 
1785 37 1 

Movements  of  Scotch  merchants  who  had  debts  in  America  to  petition  Parlia- 
ment. Interview  with  the  persons  delegated;  their  expectations.  Reply  and 
opinions  of  Mr.  Adams  upon  the  necessity  of  allowing  time  to  the  aebtors. 
Pleasant  and  fortunate  termination  of  the  business.  Delay  in  negotiation  on 
account  of  the  illness  of  Lord  Caermarthen. 

John  Jay  to  John  Adams.     Office  of  Foreign  Affairs,  August  3, 
1785 373 

Acknowledges  the  receipt  of  letters  to  the  1st  June.  Replies  to  the  various 
subjects  of  those  letters. 

John  Adams  to  John  Jay.     Bath  Hotel,  Westminster,  June   10, 
1785 376 

Introduction  to  the  Q.ueen.  Speech  to  her  Majesty,  dueen's  reply.  Reasons 
for  sending  an  account  of  these  formalities  home.  Compliments  will  not 
relax  navigation  acts.  Have  it  in  our  power  to  enact  the  same.  Scarcely 
possible  to  calculate  their  naval  advantages. 

From  the  same  to  tlie  same.    Westminster,  June  17,  1785 378 

Visit  to  the  Secretary  of  State  by  appointment.  His  Lordship  expresses  his 
good  disjiosition  towards  America.  Reciprocated  on  the  part  of  the  Ameri- 
can people;  but  some  causes  of  uneasiness  existing,  six  principal  points  to 


xvi  CONTENTS. 

be  discussed — the  posts  and  territories;  deportation  of  nej^roes;  restrictions 
on  trade,  witli  their  fatal  consequences;  the  payment  of  debts  contracted 
before  the  war.  Tlie  construction  of  the  armistice  of  the  20tii  January, 
1783,  and  the  decisions  consequent  tlicreon.  The  liquidation  of  the  charges 
of  prisoners  of  war.  The  principal  heads;  comments  upon  them.  Reply 
of  his  Lordsliip;  desires  something  in  writing  to  begin  with.  The  affair  of 
the  posts  the  most  pressing.  On  tliat  .subject  Mr.  Adams  communicates  the 
tenor  of  his  instructions,  and  inquires  the  determination  of  Alinisters.  His 
Lordshi]i  will  himself  inquire.  Future  course  of  Mr.  Adams  laid  down. 
P.  S. — Remarks  of  Lord  Caermarthen  upon  the  proceedings  at  Boston, 
which  he  was  sorry  to  see.     Reply  thereto. 

John  Jay  to  John  Adams.  Office  of  Foreign  Affairs,  August  26, 
1785 383 

Acknowledges  the  receipt  of  letters  to  the  17th  June. 

Report  of  John  Jay  to  Congress.  Office  of  Foreign  Affairs,  June 
23,  1785 383 

John  Adams  to  John  Jay.  Bath  Hotel,  Westminster,  June  26, 
1785 385 

Recapitulates  the  9th  article  of  the  Confederacy.  Recommends  the  reconsid- 
eration of  this  proviso,  the  giving  additional  powers  to  Congress.  Thinks 
the  States  would  comply  with  such  recommendations  as  would  impose  heavy 
duties  upon  British  slujijnng,  or  even  to  jn'ohibit  them.  Thinks  there  will 
be  no  commercial  treaty  until  England  is  made  to  feel  its  neces.sity.  Argu- 
ments of  the  English  in  defence  of  their  system.  How  met  l)y  the  Americans. 
Visits  of  official  persons;  their  sayings.  Interview  with  Lord  Hood;  con- 
versation. Parties  resc-rved  upon  American  affairs;  afraid  of  each  other. 
Unanimity  in  American  measures,  which  will  make  them  feel,  can  alone 
produce  a  fair  treaty  of  commerce. 

John  Jay  to  John  Adams.  Office  of  Foreign  Affairs,  September  6, 
1785 387 

Affair  of  Captain  Stanhope  at  Boston.  Observations  on  the  course  of  Great 
Britain  towards  the  United  States.  Tln'ir  holding  the  posts  a  pledge  of 
enmity.  Conduct  and  character  of  the  loyalists;  their  misrepresentations. 
WilHain  Pitt;  England  will  Ije  nuu^h  the  better  or  much  the  worse  for  him. 
Arthur  Lee  elected  to  the  vacant  Treasury  Board.  Governor  Rutledge 
declines  going  to  Holland.     Allan-  of  Longeliamps  adjusted. 

Extract  from  the  Secret  Journal,  August  17,  1785 389 

Letter  of  Governor  Bowdoin,  of  Massachusetts,  complaining  of  llu,'  conduct 
of  Captain  Stanhojie-,  of  his  Britannic  Majesty's  .ship  Mercury,  p.  390. 
Letters  between  Cai)iain  Stanhope  and  Governor  Bowdoin,  miinbered  1,  2, 
3,  4,  and  f),  pp.  39x2-395.  Report  of  Secretary  of  Foreign  Affairs  on  the  cor- 
ri-Hpond(;nce,  p.  395. 

John  Athtiiis  to  John  Jay.     Cirosvenor  Stjuarc,  Westminster,  July 

19,  1785 396 

RequoHtH  steps  may  be  taken  to  supply  Ministers  altroud  with  the'  laws  of  the 
several  States.  Obliged  (o  afellow-citizen  for  the  laws  of  New  York;  pleased 
wiili  an  act  of  llie  ei;;iiili  session,  second  niei  ting,  vesting  the  llniied  States 
in  conimerrial  allhirs  with  regulatingand  iiroliilninig  powers  f<ir  fifti'cn  years. 
CorniiienlH  thereon,  and  what  should  be  tin'  course  of  the  United  States. 
Acting  in  concert  enforced.  Disbelief  of  the  English.  Tiieir  writings  and 
opinioiiH.  Duke  of  Portland 'sand  Mr.  Pitt's  administration  a  demonstration 
of  it.  Belir-ve  lliey  can  iiionopoli/.i'  the  American  trade,  and  build  llnir  hopes 
upon  division  in  America.  'I'lieir  progriss  in  the  arts,  llieir  taste  and  skill, 
with  the  ciieapness  of  llii-ir  good.s',  they  think  ensures  them  a  preference, 
which  is  proved  by  the  influx  of  cash  and  bills  of  exchange  into  those  king- 
doiiiH.  Different  opinions,  liowevr-r,  of  their  |)rosperity,  and  their  American 
commercial  Iraiisucliona.     Pco])lc  deceived  by  fuUehooda.     A  disposition  to 


CONTENTS.  xvij 

war  with  the  United  States.  Tlicir  poverty  a  restraint.  Attachment  to  thi'ir 
navigation  act.  Determination  to  consider  us  foreigners,  to  draw  away  our 
seamen;  therefore  despairs  of  any  treaty  until  they  feel  the  necessity  for  it. 
Recommends  that  the  States  should  give  the  sami;  power  which  has  been 
granted  by  the  State  of  New  York.  No  hopes  of  a  treaty  without  the  unani- 
mous concurrence  of  all  the  States  in  vigorous  measures. 

From  the  same  to  the  same.     Grosvenor  Square,  Westminster,  'July 
29,  1785 400 

Encloses  copies  of  letters  to  Lord  Caermarthcn,  with  the  project  of  a  commer- 
cial treaty.  Reasons  assigned  for  this  procedure  which  will  embarrass  the 
English  Ministry.  Expects  no  counter  proj(?ct  nor  any  answer  for  a  long 
time.     No  arrangement  will  be  made  unless  the  Congress  should  have  dele- 

faied  to  them  supreme  power  in  matters  of  foreign  commerce,  and  after  a 
rm  exercise  of  that  supremacy. 

John  Adams  to  Lord  Caermarthen.     Grosvenor  Square,   July  14, 

1785 401 

duotes  the  twenty-second  article  of  the  preliminary  treaty.  The  same  stipu- 
lations with  Spain.  Vessels  captured  and  condemned  in  violation  of  the 
article.  Improper  translation  of  "  Jiis^u 'attx  Inks  Canaries."  Gives  the 
original.  Intention  of  the  contracting  parties.  Proposes  to  change,  by  con- 
vention, the  phraseology,  so  as  to  read  Jusqu'a  la  lalitude  des  Isles  Canaries. 

From  the  same  to  the  same.    Grosvenor  Square,  July  27,  1785.  .403 

Informs  his  Lordship  of  the  judgment  rendered  in  New  York  under  a  mistaken 
interpretation  of  the  armistice.  Similar  decrees  in  Connecticut  and  Rhode 
Island.  Appeal  lies  from  the  States'  admiralty  courts  to  a  court  appointed 
by  Congress.  Parties  should  have  appealed.  Decisions  of  Massachusetts 
.and  all  the  other  States,  with  those  of  the  court  of  Halifax,  conformable  to 
the  true  intention  of  the  armistice.  In  order  to  render  the  decisions  of 
courts  conformable  to  each  other,  proposes  a  declaration  in  the  form  en- 
closed. 

Form  of  Declaration  proposed  in  the  preceding  letter 404 

John   Adams  to  Lord  Caermarthen.     Grosvenor  Square,  July  29, 

1785 406 

Statement  of  the  difficulties  in  commerce  between  the  United  States  and  Great 
Britain.  No  political  arrangements  existing,  it  was  supposed  trade  would 
resume  its  former  course.  Debtors  unable  to  make  remittances  in  conse- 
quence of  impediments  Submits  to  his  Lordship  the  policy  of  persevering 
in  their  restrictive  system,  and  thereby  alienating  American  commerce,  or 
forcing  them  to  find  substitutes  with  other  nations,  or  in  manufactures  at 
home.  With  a  view  to  a  candid  discussion,  proposes  to  his  Majesty's  Min- 
isters the  project  of  a  fair  and  equitable  treaty  of  commerce.  Submits  the 
question  whether  the  negotiation  shall  be  conducted  with  his  Lordship  or 
any  other  person. 

Draft  of  a  Commercial  Treaty  submitted  to  Lord  Caermarthen,  con- 
taining twenty-six  articles 407 

Report  of  Secretary  Jay  on  the  draft  of  a  commercial  treaty,  February  2, 
1786, p   4J7. 

John  Jay  to  John   Adams.     Office  of  Foreign  Affairs,   August  3, 

1785 418 

Transmits  his  report  of  the  9th  June,  1785,  with  the  letter  of  John  Carter,  on 
the  detention  of  American  prisoners,  p.  418. 

From  the  same  to  the  same.     New  York,  October  14,  1785.  ..419 

Acknowledges  the  receipt  of  letters  to  the  29th  July,  with  their  enclosures. 
Agrees  with  Mr.  Adams  in  opinion  as  to  the  conduct  and  policy  of  the 
United  Stall's.     Chai-acter  of  the  present  Congress.     Letters  of  Mr.  Adams 

Vol.  IL— B 


xviii  CONTENTS. 

useful.  Remarks  upon  his  silence  touching  the  posts.  Will  communicate 
the  acts  of  the  State  Legislatures.  War  with  Algiers  may  lay  the  foundation 
for  a  navy.  Doctor  Franklin  at  Philadelphia;  hopes  he  will  reconcile  pao-ties. 
Congratulations  on  the  issue  of  the  discussions  with  the  Netherltmds. 

John  Adams  to  Jolin  Jay.     Grosvenor  Square,  Westminster,  August 

6,  1785 421 

Change  of  the  spirit  of  the  times  since  December,  1783;  favorable  disposition 
at  that  period  to  America.  The  national  system  not  then  settled.  Since, 
commerce  has  reverted  to  its  old  channel.  The  English  boast  that  it  can 
flow  in  no  other.  Opinions  decided  in  favor  of  navigation  acts;  causes  of 
this  opinion.  The  course  of  the  United  States.  Refers  to  discussions  in 
Consress  in  1774.  Great  Britain  has  commenced  commercial  hostilities, 
originating  in  jealousy  They  consider  us  as  dangerous  rivals,  anfl  are  fearful 
of  their  manufacturers,  merchants,  and  seamen  passing  over  to  us.  If  a 
commercial  war  is  to  be  waged,  advises  temperance  and  circumspection. 
"Would  not  advise  the  struggle  if  there  was  any  prospect  of  justice  without 
it.     No  answer  from  Lord  Caermarthen;  will  not  press  one. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  August 
8,  1785 423 

Suspects  Ministers  of  a  design  to  impose  the  shackles  of  the  navigation  acts 
upon  Ireland,  that  the  three  kingdoms  may  act  in  concert  against  America. 
Hints  of  a  union  with  Ireland  thrown  out  in  Parliament.  Ministerial  publi- 
cations. Extract  from  the  bill  grounded  on  the  twenty  propositions  of  Mr. 
Pitt  The  extract  proves  the  design  of  drawing  Ireland  into  the  combina- 
tion. Jealousy  of  the  United  States  not  confined  to  England.  France  or 
England  would  rather  serve  the  other  than  the  United  States.  Statute  of  5 
Ric.  2  C.  3  quoted.  If  the  United  States  were  able  and  willing  to  imitate  the 
statute,  what  would  be  its  consequences.  Character  of  the  people.  Are 
they  capable  of  the  exertion.'  What  would  foreign  nations  say.'  Such  an 
act  would  lay  the  ax>'  at  the  root  of  British  commerce,  nvenue,  and  naval 

Cower.  Suggests  a  heavy  duty  on  foreign  ships.  Speculations  upon  pro- 
ibitory  acts  of  the  United  States.  Foreigners  should  not  participate  in  the 
coasting  trade.  Vast  increase  of  American  naval  power  will  be  the  conse- 
quence in  a  few  years.  France  and  England  equally  infatuated  with  regard 
to  Aniericii. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  August 
10,  1785 428 

*9rret  of  the  King  of  Franco  worthy  of  consideration.  First  avowal  by  any 
sovereign  of  commercial  principles  so  gincrous  and  noble.  The  United 
Statt.s  nave  propagatf'd  the  scniiment,  and  have  more  cause  of  complaint 
that  liberty  is  not  universally  admitted.  Selfish  jiolicy  of  England.  Fearful 
that  wi'  hIihII  be  obliged  Id  imiuite  her  practice.  Woiilu  venture  upon  monop- 
olifN  and  exi-lu.sions  if  fnund  to  bu  the  only  arms  uf  defence.  Fuiure  course 
and  policy  of  the  United  States.  Wi.shes  no  distinction  between  the  ships 
and  mariners  of  different  States:  should  have  greater  privileges  than  for- 
eigners. 

John  Jay  to  John  Adams.     New  York,  November  1,  1785. . .  .430 

Letters  received  to  the  lOlh  August.  Agrees  with  Mr.  Adams  as  to  what 
ought  to  be  d«ine.  Diver.sity  of  ojiinions  in  the  United  Stales.  Advices  of 
war  with  Algiers. 

From  the  .same  to  the  same     New  York,  November  1,  1785..  .431 

TrnnHniits  an  art  of  Congress  of  13th  Octoi)er,  17H5,  on  British  claims  and 
etieniarhmenls  upon  the  norlhenNt  boundary.  EnejoHe.s  copies  of  jinpers, 
Num.  1  to  14,  inclusive,  |)|>.  431-454. 

From  the  .same  to  the  same.     New  York,  November  1,  1785..  .454 

EncloseH  the  copy  of  an  act  of  Congress  compensating  the  services  of  Monsieur 
Dumas. 


CONTENTS.  xix 

John  Jay  to  John  Adams.     New  York,  November  2,  1785. . .  .454 

Iniroducos  Mr.  Iloudon,  the  celebrated  sculptor  of  Paris.  Employed  to  make 
a  statue  of  Gt'iieral  Washington. 

John  Adams  to  John  Jay.     Grosvenor  Square,  Westminster,  August 
25,  1785 455 

Long  conference  with  Mr.  Pitt.  Minute  detail  of  what  passed  at  the  conference. 
Dilficulty  of  eliciting  opinions.  Reasons  for  their  silence.  Mr.  Pitt  more 
open  than  was  expected.  Would  be  pleased  at  receiving  answers  to  com- 
munications, but  does  not  expect  them.  Thinks  the  navigation  acts  will  be 
suffered  to  go  into  operation  experimentally. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  August 

28,  1785 462 

Encloses  for  Congress  the  statute  95  Geo.  3,  c.  81,  with  25  Geo.  3,  c.  67,  pro- 
hibiting the  exportation  of  certain  tools,  and  the  seducing  artificers  and 
workmen  to  go  uito  parts  beyond  the  seas;  enumerates  the  prohibitmg  tools, 
fis  going  to  shew  the  spirit  of  that  country  towards  the  United  States  Thia 
statute  is  a  volume  of  politics  for  us.  Facility  of  obtaining  the  same  tools  in 
France,  with  printed  descriptions. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  August 

29,  1785 464 

Liberal  system  of  commerce  of  the  United  States.  France  an  artful  appearance 
of  it.  By  our  liberality  England  and  France  make  a  greater  advantage  of 
their  monopolies.  A  sketch  of  the  commercial  conflict  between  England  and 
France  during  the  reigns  of  the  Stuarts.  The  effect  of  the  policy  of  Eng- 
land upon  the  United  States.  Can  only  be  counteracted  by  navigation  acts. 
Prohibitions  protecting  duties  and  bounties. 

From  the  same  to  the  same.    GrosvenorSquare,  Westminster,  August 

30,  1785 467 

Necessity  of  the  United  States  imposing  restrictions.  Would  exclude  British 
ships  from  "coming  and  dealing  in  "  our  exportations.  Other  nations  might 
be  permitted,  unless  the  English  found  mcajis  to  manage  our  exportations 
through  them.  A  retaliation  for  the  exclusion  of  American  ships  from  the 
British  dominions.  How  long  will  Americans  consent  to  pay  four  to  five 
hundred  per  cent,  upon  articles  of  their  produce,  while  British  subjects  pay 
but  ten  per  cent,  upon  any  of  their  commodities  in  our  ports.'  Refers  to  the 
stipulation  of  the  18th  article  of  the  definitive  treaty  of  peace,  concerning 
new  arrangements  of  commerce;  also  to  the  9th  article  of  the  treaty  between 
Spain  and  Great  Britain.  Mr.  Crawford  sent  to  France  to  treat  under  the 
above  article.  Nothing  will  be  effected.  Fixed  intention  of  the  English 
Ministers  to  preserve  peace  with  France  and  Spain.  If  the  expectations  and 
hypothesis  of  Mr.  Pitt  are  justified  in  1786,  which  he  declared  at  the  opening 
the  budget  in  1785,  they  will  persevere  in  their  course  towards  America  in 
spite  of  remonstrances,  prohibitions,  and  retaliation,  wage  a  new  war,  and 
keep  possession  of  the  western  posts.  America  no  party  in  her  favor. 
Patience  will  do  no  good  under  the  unequal  burthens.  Nothing  but  retalia- 
tion. How  Enijland  may  farther  injurr  us.  Our  only  resource  to  export 
our  own  produce,  and  encourage  manufactures.  System  of  the  Ministers 
not  yet  digested;  dependent  upon  contingencies. 

From   the   same   to   the   same.     Grosvenor   Square,   Westminster, 
August  31,  1785 471 

Anecdote  of  an  Italian  Ambassador.  His  mode  of  oljtmning  intelligence. 
Ministerial  mode  of  sounding  tiie  English  people.  The  method  put  in  prac- 
tice upon  the  admission  of  American  ships  and  oil.  Unanimous  voice  against 
it.  Remarks  made  to  Mr.  Pitt  ujion  the  political  writers;  their  theories, 
opinions;  corrects  their  errors.  Present  subjects  of  discussion  by  the  Eng- 
lish press.  Caution  of  the  Ministers;  yet  supposes,  from  some  manifested 
anxiety,  that  propositions  have  been  made  to  the  Courts  of  France  aud 
Spain  in  relation  to  pending  negotiations. 


XX  CONTENTS. 

John  Adams  to  John  Jay.     Grosvenor  Square,  Westminster,  Sep- 
tember 2,  1185 473 

Mr.  Temple  has  gone  to  America  as  Consul  General.  No  proposition  has  yot 
been  made  to  send  a  Minister  Plenipotentiary  to  America.  Recommends  the 
step,  but  waits  the  instructions  of  Cons^ress.  Advantas^e  of  there  being  a 
Minister  near  the  Government  of  the  United  States.  Thinks  the  jinpoint- 
ment  of  Mr.  Temple  should  be  met  by  corresponding  appointments.  Consuls 
and  Vice  Consuls  beneficial  to  Ministers.  Recommends  the  appointment  of 
Consuls  in  Holland,  Sweden,  Prussia.     Wherefore. 

From  the  same   to  the   same.      Grosvenor  Square,  September  3, 
1785 474 

Introduces  Mr.  John  Wingrove.     His  knowledge  of  the  East  Indies. 

From  the  same  to  the  same.     Grosvenor  Square,  Westminster,  Sep- 
tember 6,  1785 475 

Acknowledges  the  receipt  of  letters  of  the  3d  August.  Letters  of  credence. 
Omission  to  the  dueen  explained  to  Lord  Caerniarthen.  Expects  no  answer 
concerning  the  posts  until  the  meeting  of  Parliament.  Silence  of  the  Min- 
isters. People  discontented,  and  danger  of  mobs.  The  lower  order  favor- 
ably disposed  to  America,  hence  the  efforts  of  the  press  to  counteract  this 
tendency  and  prevent  emigration.  The  Danish  Minister  informed  of  the 
resolution  of  the  21st  March. 

From  the  same  to  the  same.     Grosvenor  Square,  Westminster,  Sep- 
tember 15,  1785 476 

Transmits  by  Mr.  Charles  Storer  the  ratification  of  the  treaty  and  convention 
between  the  United  States  and  the  States  General  of  the  United  Netherlands. 
Wishes  the  receipt  may  be  noted  in  the  Journals  of  Congress. 

John  Jay  to  John  Adams.     New  York,  November  26,  1785. .  .476 

Meeting  of  Congress  and  election  of  Mr.  Hancock.  President  has  received 
letters  to  the  15th  September,  with  their  enclosures — laid  before  Congress. 
Encloses  a  cf)py  of  the  proceedings  of  the  Commissioners  respecting  the 
de'portation  of  ni.'groes.  Mr.  Temj)le  arrived.  Acts  of  Rhode  Ishuid  regu- 
lating trade.  Partial  acts  may  produce  a  general  system.  The  Federal 
Guvf-rnment  alone  competent  to  the  task. 

John  Adams  to  John  Jay.   Grosvenor  Square,  October  15,  1785.  .478 

Mr.  Jay's  letter  of  the  6th  Septemijer,  with  the  art  of  Congress  of  the  18th 
August,  received.  Agrees  with  Mr.  Jay  in  the  sentiment  that  it  is  the  interest 
of  England  and  America  to  be  well  with  each  other.  But  such  is  now  the 
opinion  of  no  party.  The  rej)ly  to  the  demand  for  tlie  surrender  of  the 
posts  only  certain  hints  about  the  debts.  No  formal  requisition  yet  made  by 
memorial  Will  do  it  at  the  proper  time,  if  so  in.structed;  but  would  be  glad 
of  the  orders  of  Congress.  Din'erent  modes  of  affecting  England  and  coun- 
tervailing her  restrictions.  Mr.  Ban-lay  a[)pointi'd  to  go  to  Morocco;  other 
appointments.  Can  fibtain  no  answer  from  the  Ministry  Other  foreign 
Mmistt-rs  in  thi'  same  predicament.  The  idia  of  a  treaty  with  America  has 
raised  the  value  of  storks;  but  entertains  no  sanguine  hopes. 

From    the    same    to    the    same.     Grosvenor    Square,   October    17, 
1785 480 

Neutral  policy  of  the  United  Statr.H.  Jealousy  of  Franci;  and  England.  Ria- 
Hons  for  diminishing  the  power  of  the  United  States.  An  alliance  courted 
by  England,  and  wheref«>re  rejicted.  Something  expected  which  Amiriia 
caiuiot  concede.  Importance  of  the  question  now  before  the  Mini.slry. 
Whether  to  yield  t(»  the  demandH  of  the  United  States  or  force  them  into 
otiii-r  and  closer  cor)nexionH  of  alliance  and  commerce  wilh  France,  Spain, 
nnri  Holland  Treaty  wilh  Poriiizal;  conuneri-ial  stipulations;  their  vast 
infln<ii'«  .  The  Uniicd  Siatc.s  may  form  a  n<  w  i-oninnTiial  treaty  wilh 
France  up'>n  the  same  i>rinciplcH.  lis  fatal  efl'ect  ujion  Eii:;land.  What 
Bhuuld  furiii  ihc  bixaia  ol  a.  commurciul  treaty.     The  Uiiilcd  Slulus  believed 


CONTENTS.  xxi 

incapable  of  acting  with  cnor£;y.     Embarrassed  with  treating;  how  far  pru- 
dini  to  go.     Despair  of  the  Ministry. 

John    Adams    to    John    Jay.      Grosvenor    Square,   October   21, 
1785 483 

Visit  to  Lord  Caermarthen  by  appointment.  Delivers  a  memoi-ial  for  tlie  dis- 
charge of  Americans.  Tiie  correspondence  of  Governor  Bowdoin  and  Cap- 
tain Stanhope,  and  a  letter  concerning  the  questions  agitated  at  Paris  by  the 
Duke  of  Dorset.  Details  a  long  conversation  with  the  Minister  on  commerce 
and  navigation.  Unsatisfactory  result.  Sayings  of  persons  hostile  to  the 
United  States.  Indecision  of  the  Ministry  owing  to  their  not  knowing  how 
to  act.  Fearful  of  attempting  what  they  ought  to  do.  The  commerce  of 
America  will  have  no  relief  until  she  has  retaliated.  Navigation  acts  will 
avail  in  treating  with  France  and  Holland  as  well  as  England.  Situation  of 
England.  Union  of  all  parties  against  America.  The  remedies  which  Con- 
gress aud  the  States  have  it  in  their  power  to  apply.  Money  in  Amsterdam 
nearly  exhausted.  Extravagance  of  a  party  in  England  which  would  force 
Mr.  Pitt  into  a  war  witJi  America.  Rise  of  the  stocks.  National  pride  and 
vanity  increased  in  a  greater  proportion.  His  only  hope  in  the  resolution 
and  unanimity  of  his  fellow-citizens. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  Octo- 
ber 25,  1785 491 

Attempt  of  the  Crown  to  relax  the  navigation  act  in  the  treaty  with  Portugal. 
Parliament  and  the  nation  would  not  admit  it.  Consequent  restraint  upon 
the  Ministers,  and  fear  of  venturing  upon  a  treaty  with  America,  notwith- 
standing the  sense  of  Parliament.  Expiration  of  the  American  intercourse 
act,  and  the  Newfoundland  act.  The  revival  of  those  statutes  will  bring  on 
debate.  Sketch  of  a  debate  which  ensued  upon  Mr.  Pitt's  moving  to  bring 
in  a  bill  for  confining,  for  a  time  to  be  limited,  the  trade  between  the  United 
States  and  his  Majesty's  subjects  in  the  Island  of  Newfoundland,  to  bread, 
flour,  and  live-stock,  to  be  imported  in  none  but  British-built  ships,  belonging 
to  British  subjects.  Reasons  for  giving  this  abridgment  of  the  debate. 
The  United  States  may  learn  from  "it  their  duty.  A  plain  induction,  viz: 
that  no  man  of  any  party  had  the  courage  to  declare  himself  for  a  free  trade 
between  the  United  States  and  any  of  the  British  dominions  in  America. 
Mr.  Pitt  against  a  total  prohibition,  but  would  confine  the  intercourse  to  so 
few  articles  that  the  United  States  must  reject  the  narrow  intercourse.  A 
settled  plan  to  dupe  us  out  of  our  carrying  trade.  If  the  United  States 
submit,  they  deserve  the  contempt  of  the  world.  The  honorable  stand  of 
Massachusetts  and  New  Hami)shirc.  Hopes  Congress  will  not  be  lulled  by 
any  fair  expressions  of  Mr.  Temple.  No  reasonable  relief  can  be  obtained 
for  our  commerce  from  EngJand.  The  question  submitted,  what  shall 
America  do?  Advises  retaliations  and  prohibitions.  National  prejudice  in 
favor  of  the  navigation  act,  from  the  opinion  the  United  States  cannot  unite 
in  laws  and  measures  which  would  make  one. 

From  the  same  to  the  same.    Grosvenor  Square,  Westminster,  Octo- 
ber 27,  1785  501 

Papers  relative  to  Captain  Stanhope  to  be  sent  to  Lord  Howe  by  the  Marquis 
of  Caermarthen.  His  Lordship's  opinion  of  the  letter.  The  Court  will 
probably  disapprove  of  them. 

John  Jay  to  John  Adams.     New  York,  December  5,  1785 . . .  .501 

Transmits  an  act  of  Congress  respecting  Mr.  Temjile,  which  is  bcliived  to  be 

just  and  liberal.     Extract  from  the  Secret  Journals,  December  '2ii,  1785, 

p.  502. 

From  the  same  to  the  same.     Office  of  Foreign  Affairs,  January  2, 

1786 502 

Encloses  a  copy  of  a  letter  of  the  21st  December  from  Mr.  Temple.  Dinction 
of  Congress  to  communicate  it  to  his  Britannic  Majesty,  with  the  determina- 
tion of  Congress  thereupon.     The  office  of  Consul  General  does  not  extend 


xxii  CONTENTS. 

to  matters  of  this  kind;  may  intimate  that  Congress  expect  a  Minister.  The 
British  Court  would  receive  more  accurate  information  than  they  at  present 
obtain  Letters  acknowledged  to  the  '27th  October,  1785.  Report  of  Secre- 
tary Jay.  January  31,  1786,  p.  503.  Report  of  Secretary  Jay,  March  22, 
17b6,  p.  505. 

John  Jay  to  John  Adams.     New  York,  February  3,  1786... 510 

Letters  from  Mr  Adams  to  the  27th  October,  with  their  enclosures,  under  the 
consideration  of  Congress.  Transmits  two  reports  of  secretary  Thomson. 
Vessels  about  to  sail  for  Canton.  Indications  of  jealousy  with  the  Dutch. 
A  rich  cargo  direct  from  India.  Consequences  important  Advance  of  the 
public  paper  of  New  York. 

Report  of  the  Secretary  of  Congress,  January  4,  1786 511 

John  Jay  to  John  Adams.     New  York,  February  2-2,  1786 ...  .515 

Transmits  papers  relative  to  Massachusetts  Nine  States  not  yet  represented. 
Growth  of  Federal  opinions;  greater  progress  in  the  North  than  South. 
Copies  of  papers  referred  to,  with  the  report  of  Mr.  Jay  thereon,  pp.  516-525. 

John  Adams  to  John  Jay.    Grosvenor  Square,  Westminster,  Novem- 
ber 4,  1785 525 

^irrel  of  the  King  of  France  granting  a  bounty  of  ten  livres  per  quintal  upon 
fish  of  the  French  fisheries,  and  an  impost  upon  all  foreign  fish.  Commu- 
nicates the  fact  to  Lord  Caermarthen.  His  Lordship's  character.  Mr.  Pitt; 
change  of  sentiments  towards  America.  Doubts  his  return  to  first  principles, 
unless  forced  by  American  navigation  acts.  Proceedings  at  Charleston 
encouraging  Trade  with  America  must  come  under  the  consideration  of 
Parliament.  Their  deliberations  only  to  be  influenced  by  American  naviga- 
tion acts.  English  nation  bUnded  by  prejudice  and  passion.  State  of  the 
Briti.sh  press. 

John    Jay    to    John    Adams.     Oflice   of  Foreign    Affairs,   May   1, 
1786 527 

Informs  of  the  pleasure  of  Congress  to  protract  negotiations. 
Jolm  Adams  to  John  Jay.    Grosvenor  Square,  Westminster,  Novem- 
ber 5,  1 785 527 

Return  to  London  of  the  Chevalier  Pinto.  Communicates  the  desire  of  the 
Court  of  Portugal  to  form  a  treaty  with  the  United  -"states.  Detail  of  a  con- 
versation upon  the  commerce  of  liie  two  countries,  and  preliminary  measures. 
Observations  of  the  Chevalier  upon  the  British  navigation  act.  Inquires  into 
the  views  of  the  United  State.s  wiiii  regard  to  a  Minister  and  Consul.  Amer- 
ican 8hij)s  will  be  admitted  at  .Maeao.  General  contest  for  th<-  carrying  trade. 
Commercial  treaties  become  fashionable.  Attempts  to  retard  the  progress  of 
the  United  States. 

From   the   same  to   the  same.     Grosvenor  Square,  November    11, 
1785 533 

Trade  to  India,  and  advici-  to  merdiant.s.  The  direct  trade  to  be  promoted  by 
imj)osing  heavy  duties  upon  Indian  floods  via  Europe.  The  intercourse 
worthy  of  attention.  Propriety  of  Americans  conducting  themselves  well 
towards  the  natives. 

Mr.  Jay's  i{ej)ort  on  the  preceding  h'tter 534 

John    Adams    to    John    Jay.      Grosvenor    S(juare,   November    24, 
1785 535 

Arknowledgen  recei|)t  of  l.'tterH  of  the  14ih  of  Octobt.T.  DeferiHivi-  alliance 
betwen  Fratire  and  Hojliind  Higned  at  Paris  the  10th  insiant.  English 
atiernpt  to  defeat  llie  mriwure.  Thinks  the  power  of  KnRlnnd  endaneered, 
and  that  America  should  join  the  defensive  alliance.  Nothing  can  be  ellVcted 
in  London.     Contcmptibfc  opinion  of  the  Unlish  Ministry.     The  lute  event 


CONTENTS.  xxiii 

presents  an  opportunity  for  presenting  a  memorial  concerning  the  evacuation 
of  the  posts.  Believes  they  will  not  comply  nor  return  an  answer.  Distrust 
of  leading  politicians  in  England;  their  total  want  of  patriotism.  Fox  and 
his  friends  ruined  by  expenses  of  the  last  elections.  North  and  his  friends 
afraid  of  popular  vengeance.  Therefore  sees  nothing  to  prevent  America 
pa.*!.«;ing  navigation  acts,  or  even  forming  a  new  alliance  with  France.  Russia 
as  well  as  Portugal  piqued  with  the  Court  of  Gnat  Britain.  Inquiry  lately 
made  why  the  United  Stales  did  not  make  advances  to  the  Empress  of 
Russia.' 

John    Adams   to   John    Jay.      Grosvenor   Square,   November  24, 
1785 537 

Petition  of  Shelburne.  England  in  danger  of  convulsions  111  effects  of  the 
States  splitting  up  into  small  communities;  demonstrated  from  history. 
Propositions  to  tliat  eftect  do  harm  abroad,  being  considered  indicative  of 
restlessness  of  disposition.  Thinks  this  spirit  should  be  checked.  Had 
heard  of  Ur.  Franklin's  arrival  in  i  hiladelphia.  Hopes  he  will  reconcile  the 
Piiiiisylvanians  to  certain  alterations  in  their  constitution. 

From   the    same    to  the    same.      Grosvenor   Square,   Westminster, 

December  2,  1785 539 

Encloses  copies  of  letters  to  and  from  Lord  Caermarthen,  on  the  appointment 
of  Mr.  Anstey ,  to  prevent  imposition  upon  the  Commissioners  in  ascertaining 
the  claims  o'  the  Royalists. 

Lord    Caermarthen    to   John  Adams.     St.  James's,  November  30, 
1785 540 

On  the  subject  of  the  appointment  of  Mr.  Anstey 

John  Adams  to  Lord  Caermarthen.     Grosvenor  Square,  December 
2,  1785 540 

Replies  to  his  Lordship,  and  expresses  his  satisfaction  at  the  appointment. 
John    Adams    to    John    Jay.       Grosvenor    Square,    December   6, 
1785 541 

Important  considerations  sacrificed  in  Great  Britain  to  a  momentary  tranquillity 
and  cp'dit.  Expected  fate  of  the  enclosed  memorial.  Thinks  if  no  answer 
is  given  it  should  be  demanded,  and  that  he  should  take  leave  and  return 
home.  It  now  remains  with  the  •"  tatcs  to  determine  whether  there  is  or  is 
not  a  union  in  America  With  union  they  may  be  respected.  Advises  that 
all  the  great  sea-port  towns  should  think  of  the  means  of  defence,  and  the 
militia  be  placed  on  the  best  possible  footing.  African  affairs.  Hapjiy  sit- 
uation of  the  people  of  America;  their  future  power  Propensity  to  the  sea 
compared  to  that  of  the  water-fowl.  Practical  statesmen  will  act  accordingly. 
Memorial  respecting  the  evacuation  of  the  posts,  addressed  to  the  Ministry 
of  his  Britannic  Majestv,  dated  at  Westminster,  the  3Uth  November,  1765, 
p.  542. 

From    the    same    to    the    same.     Grosvenor   Square,   Westminster, 

December  9, 1785 543 

Interview  with  Lord  Caermarthen,  who  states  that  he  is  about  to  reply  officially 
to  the  communications  of  Mr.  Adams.  Presents  to  his  Lordship  the  memo- 
rial of  the  3Uth  November.     Reasons  for  the  presentation. 

Froni  the  same   to   the  same.     Grosvenor  Square,  December  12, 
1785 544 

Announces  an  official  answer  from  the  Marquis  of  Caermarthen,  with  a  letter 
from  the  Lords  of  the  Admiralty.  The  answer  concerning  the  sailors  more 
favorable  than  was  exp(;cted.  That  respecting  Captain  Stanhope  as  much 
so.  General  complaints  of  the  foreign  Ministers  at  not  receiving  an  answer 
to  their  memorials  respecting  seamen. 


xxiv  CONTENTS. 

Lord    Caermarthen    to   John    Adams.     St.  James*s,  December  9, 
1785 545 

Letter  of  Mr.  Adams  respecting  the  conduct  of  Captain  Stanhope  laid  before 
the  King,  witli  the  memorial  concerning  the  detention  of  American  seamen. 
Papers  sent  to  the  Lords  of  the  Admiralty  by  the  King's  command.  Encloses 
copy  of  a  letter  received  from  their  Lordships  on  these  subjects.  Copy  of 
said  letter  from  the  Lords  of  the  Admiralty,  dated  December  7,  1785.  Opin- 
ion of  their  Lordships  on  the  conduct  of  Captain  Stanhope,  p.  545. 

John    Adams   to   John    Jay.      Grosvenor   Square,    December    15, 
1785 548 

Mysterious  movements  in  Government.  General  Faucett;  conjectures  with 
regard  to  his  destination.  Other  warlike  indications.  Arnold  gone  out 
to  America,  to  be  out  of  the  way  of  contempt,  and  ready  for  a  new  war. 
Joseph  Brandt  and  Governor  Hamilton  arrived  from  Gluebec.  Reports 
propagated  by  the  Refugees  of  a  general  confederation  of  the  Indians.  Views 
and  hopes  of  these  people.  The  matters  upon  which  the  British  Government 
will  probably  now  determine.  Something  may  be  learnt  during  the  winter 
session  of  Parliament,  but  shall  not  know  the  whole  till  next  summer.  Mar- 
quis de  la  Fayette  returned  from  Germany  alarmed  at  the  false  impressions 
made  by  the  British  newspapers  to  our  disadvantage.  Secret  motive  of  those 
misrepresentations,  the  fear  of  emigration.  America  poiiular;  her  condition. 
State  of  the  people  of  Europe;  their  desire  of  change.  Eagerness  with  which 
every  circumstance  is  collected  which  can  throw  a  damp  upon  emigration. 
French  publications  equally  forward  with  those  of  the  English  in  political 
inventions  for  this  purpose.  General  abuse  of  America  by  the  British  press. 
Refuse  to  insert  acts  of  Congress  or  other  public  documents  in  their  papers. 
Attempt  to  counteract  provoking  new  inventions.  Parsimony  in  support  of 
public  servants;  its  humiliating  consequences.  Obligations  of  the  Ministers 
with  regcu-d  to  hospitality. 

From   the   same  to  the  same.     Grosvenor  Square,  December  — , 
1785 552 

Anxiety  to  convey  in  a  strong  light  the  impossibility  of  effecting  any  thing 
satisfactory  with  England.  Propriety  and  necessity  of  keeping  these  com- 
munications secret.  Conduct  and  character  of  the  King.  Character  of  Mr. 
Pitt.  What  constitutes  the  character  of  a  British  statesman.  Has  seen  no 
man  in  power  who  answi  rs  the  description.  Landsdtiwne  the  most  like  it. 
Observations  on  the  character  of  other  Ministers.  The  King  deceived  with 
regard  to  the  success  of  the  Prince  of  Orange  and  his  party  Its  consequences. 
Lord  Camd<n  and  the  Duke  of  Richmond,  if  tluy  ever  entertained  just 
notions  of  the  niations  between  America  and  England,  changed.  Opinion 
of  Lord  Ca<rmarthi,n.  Lord  Sidney  similar  traits  of  character.  No  reason- 
able arrangi'ment  for  America  can  l>i-  exjx'cted  for  some  time.  View  of  the 
opposition.  Lcjrd  North  at  the  head  of  tin'  landed  or  Tory  interest.  Mr. 
I- ox  unsteady  in  American  politics.  Tin,'  Marquis  of  Buckinghum  possessed 
of  some  good  opinions;  but  odious  to  multitudrs  of  the  peoplr.  Otlirr  favor- 
nble  considirations.  Advance  of  stocks;  commerce  flourishing;  credit  estab- 
lished. The  general  opinion  is,  that  an  act  of  Parliament  will  be  passed 
placing  thi'  United  States  upon  tin;  footing  of  the  most  favored  nation.  Uni- 
versal peace  the  langtiage  now  of  the  (^)nrt  of  France.  Gulliliiliiy  of  England. 
Pence  may  be  maintained  some  years — till  Kntrland  gels  money  to  go  to  war. 
Future  proHpect.«i  and  nllianres.  English  opinions  with  regiu'd  to  the  po.sts, 
CaMa<!a,d:c.  Aim  and  object  of  the  Refugees.  If  ihey  prevail  our  posts 
will  be  retained.  Old  dehiH  will  be  the  pretence.  Situation  of  tlu'  American 
Minister  at  London;  his  iiiKignificance  and  difficuliies.  Congress  and  the 
Legislatures  must  act.  Policy  of  closer  jiolilical  connexionN  doubted.  Ad- 
vnnlageouH  ground  of  the  United  States  if  they  can  unite  in  a  system.  Mr. 
Jay's  report  on  tlic  prec<;ding  letter,  p.  557. 

From    tlic    same    to    the    .same.      Grosvonor    Squaro,    January   4, 

1786 558 


CONTENTS.  XXV 

Some  intention  of  the  Ministry  to  take  up  American  affairs;  their  conforcncea 
with  merchants;  their  inability  if  desirous  of  effecting  an  equitable  settle- 
ment. Congress  and  the  States  must  not  relax  their  measures.  Discrim- 
inating duties  recommended.  Report  of  Mr.  Jay  upon  preceding  letter, 
dated  March  30,  1786,  p.  559. 

John    Adams    to    John    Jay.       Grosvenor   Square,   January  21, 

1786 560 

Interview  with  the  Chevalier  del  Pinto,  duestion  of  sending  a  Portuguese 
Ambassador  to  America.  Lord  Caermarthen  had  stated  he  was  about  to 
answer  the  memorial  concerning  the  posts;  delayed  for  further  information 
concerning  the  debts.  Mr.  Eden  believes  there  will  be  a  treaty  of  commerce 
with  America  in  a  year  or  two.  One  with  France  not  probable.  Reasons 
for  the  appointment  of  Eden  to  the  Court  of  Versailles. 

From   the   same   to  the   same.      Grosvenor   Square,   January  26, 
1786 561 

Introduces  John  Anstey,  barrister  at  law  and  member  of  Parliament,  being 
vested  with  authority  to  verify  the  claims  of  loyalists.  Transmits  debates 
and  the  King's  speech.  Singular  forgetfulness  of  the  King  and  every  member 
of  both  Houses.  Both  parties  in  the  State  agreed  to  a  confederation  with 
Prussia  and  Denmark.  They  likewise  agree  that  the  resources  of  the  country 
are  inexhaustible.  A  confederation  with  Russia  and  Denmark  would  be 
beneficial  to  America;  in  what  manner.  A  friendly  settlement  with  Spain 
desirable.  A  Minister  should  be  sent  to  Holland,  whose  inhabitants  are  the 
most  cordial  friends  we  have  in  Europe.  Conversation  with  the  Marquis  of 
Landsdowne  and  Lord  Abingdon.     Opinions  deduced  therefrom. 

John  Jay  to  John  Adams,  May  4,  1786 562 

Acknowledges  receipt  of  letters  to  the  26th  January,  1786;  have  all  been  laid 
before  Congress.  No  instructions  from  Congress  to  say  anything  on  the 
subjects  of  them.  States  not  represented.  Prussian  treaty  received  and 
ratihcation  reported.  Printed  papers  transmitted;  will  give  some  idea  of 
affairs.  Proposed  imposts  gammg  ground.  Mr.  Anstey  arrived.  Mr. 
Hancock  absent  from  Congress.  Thinks  the  President  of  Congress  should 
absent  himself  as  little  as  possible. 

John  Adams  to  John  Jay.   Grosvenor  Square,  Februarj'-  9,  1786 . .  563 

Recommends  and  eulogizes  in  a  particular  maimer  Colonel  Humphreys,  who 
is  about  to  return  to  America. 

From  the  same  to  the  same.      Grosvenor  Square,  February   14, 
1786 564 

Remarks  on  two  pamphlets  transmitted  by  Mr.  Jay. 
From   the  same   to   the   same.      Grosvenor  Square,   February   16, 
1786 565 

On  African  affairs.     An  envoy  from  Tripoli  in  London. 
From   the   same   to  the   same.      Grosvenor  Square,   February    17, 
1786 567 

The  Tripoline  Ambassador;  the  object  of  his  mission.  Interview  with  him; 
substance  of  the  conference. 

From   the   same   to   the   same.      Grosvenor  Square,   February   20, 
1786 568 

Second  interview  witli  the  Tripolitan  Minister;  relation  of  the  confen  iice, 
Mr.  Jefferson  request!  d  to  coine  over  to  London.  If  the  .sum  liiniti-d  by 
Congress  should  be  in.suflicient  for  the  treaty,  think.s  a  million  of  guilders 
might  be  borrowed  in  Holland. 

From   the   same   to   the   same.      Grosvenor  Square,   February  22, 

1786 571 


xxvi  CONTENTS. 

Another  conference  with  the  Tripolitan  Ambassador.  Treaties  with  the  Bar- 
bary  Powers  expensive.  Advantages  of  those  treaties.  Q,uotes  the  sixth 
article  of  tiie  Contedtration  in  relation  to  embassies. 

John  Adams  to  John  Jay.  Grosvenor  Square,  February  26, 
1786 573 

The  Portuguese  Ambassador  answered  by  his  Court  relative  to  the  treaty  with 
the  United  States.  Proposition  to  exchange  Ministers  with  that  Court. 
Necessity  of  maintaining  Ministers  abroad.  Principle  of  the  French  econ- 
omists. Its  effect  upon  the  United  States.  Extract  of  a  letter  from  the 
Secretary  of  State  of  her  Most  Faithful  Majesty.  Lisbon,  January  4,  1786, 
p.  575.     List  of  vessels  which  entered  the  port  of  Lisbon  in  1785,  ]i.  577. 

From  the  same  to  the  same.     London,  June  27,  1786 578 

Information  given  by  the  Envoy  of  Portugal  that  the  ducen  had  instructed 
her  naval  commanders  to  protect  vessels  of  the  United  States  from  the  Bar- 
barians. If  the  United  States  wish  to  begin  a  navy  the  Algcrinc  war  a  good 
opportunity,  but  will  cost  money. 

From   the   same   to   the   same.      Grosvenor  Square,   February  27, 

1786 579 

Observations  and  apology  of  the  Marquis  of  Caermarthcn  for  not  having  yet 
answered  the  memorial.  Newfoundland  bill  and  American  intcrconrsr  lull. 
The  principles  which  governed  the  same  for  the  last  twenty  years.  Mr.  Pitt 
cither  a  convert  or  only  an  ostensible  Minister.  America  must  determine 
upon  her  own  measures. 

John  Adams  to  Lord  Caermarthen.  Grosvenor  Square,  February 
6,  1786 579 

Transmits  to  his  Lordship  a  coj)y  of  Mr.  Ttnii)le's  letter  of  the  21si  Iiecember, 
17H5,  to  Mr.  Jay.  Gives  the  information  respecting  said  letter  wliicli  Con- 
gress had  directed.  Proposes  that  a  Minister  Plenipotentiary  should  be  sent 
to  America.  The  propriety  and  exjiediency.  Congress  expect  sudi  a 
Minister. 

John  Adams  to  John  Jay.    Grosvenor  Square, ^larch  4,  1786.. 580 

Encloses  copies  of  the  Secretary  of  State's  answer  to  the  memorial  imiehing 
tlie  surrender  of  the  posts,  and  a  slat''m<'nt  of  grievances  of  British  mer- 
chants.    Copies  of  said  papers,  pp.  581-648. 

Re|)ort  of  Secretary  Jay  on  the  letter  of  4ih  INIarch,  and  enclo- 
sures   591 

Secretary  Jay's  Report.  Draft  of  a  circular  lctl"r  to  the  Governors 
of  States 649 

Draft  of  instructions  to  Mr.  Adams  on  the  subject  of  his  letter  of  the 
4ili  of  March,  1786 655 

John  Jay  to  John  Adams.     New  York,  June  6,  1786 .657 

Acknowledges  receipt  of  letters  to  llie  4iii  Manh.  Nin<'  states  being  repre- 
sented a  prospect  of  despatclie.s  of  more  importance.  Enclose.s  a  ratification 
of  the  Prussian  treaty,  lliiode  I.sland,  New  York,  and  New  Jersey  experi- 
menting ill  paper  money.  Douljts  llie  propriety  of  borrowing  more  money. 
'Die  'I'Triutiiry  low  and  the  States  backward. 

Jolin  Adams  to  John  Jay.     Grosvenor  Stjuare,  May  16,  1786.. 658 

IIa|)piiiessat  finding  thai  twelve  Stales  have  granted  the  impost.  Is  pirsuaded 
that  New  York  will  not  long  withhold  her  ii.ssent.  Good  elVeci.s  which  this 
ni'-nsure  will  produce,  'j'hi  power  to  regulate  commerci' will  not,  proliably, 
br  long  withheld  from  Congress.  Is  phiisc d  lo  find  a  coincidence  of  opin- 
ions with  regard  lo  <leinnii(ling  a  categorical  aiiNwer.  It  is  now  with  Congress 
to  di  liberate  and  determiiiu  what  anawer  ahull  be  mudu. 


CONTENTS.  xxvii 

John  Adams  to  John  Jay.     Grosvenor  Square,  May  25,  1786.  .659 

No  memorial  lias  been  presented  concerning  the  negroes.  Rcason.s  for  the 
delay.  Lord  Caermarthen's  justification  of  the  detention  of  the  posts  in  the 
memorial  of  the  30th  November.  The  same  answer,  or  a  reference  to  that 
answer,  would  be  given  to  other  memorials.  Advises  all  laws  in  contraven- 
tion of  the  treaty  to  be  repealed,  and  the  debtors  left  to  settle  their  disputes 
at  law.  Thinks  no  jury  would  give  interest.  Various  suggestions  respecting 
the  debts;  but  believes  it  a  sounder  policy  and  nobler  spirit  to  repeal  at  once 
every  law  inconsistent  with  the  treaty.  Credit  and  commerce  would  be 
increased. 

From  the  same  to  the  same.    Grosvenor  Square,  May  28, 1786.  .661 

South  American  affairs.  An  agent  arrested  at  Rouen.  Another  in  London 
applying  to  Government  for  aid.  Persons  might  be  found  to  undrTtake  an 
office  similar  to  that  of  M.  Beaumarchais.  An  opinion  prevailing  that  a 
revolution  would  be  agreeable  to  the  United  States.  Reasons  why  France 
and  Portugal  should  assist  Spain.  England  would  reap  the  greatest  benefit. 
European  policy.  Alliances  probable  to  liberate  >outh  America.  The  con- 
sequenci's.  Refers  to  a  pamphlet,  v.ritten  in  1783,  "La  ■  rise  de  1'^  urope." 
Extracts  from  the  work.  England  preparing  to  strike  a  blow  at  the  house  of 
Bourbon. 

From  the  same  to  the  same.    Grosvenor  Square,  June  6,  1786.  .667 

When  taxes  are  laid  money  may  be  borrowid.  If  ihey  are  not  laid  the  public 
servants  had  better  return  home.  The  system  of  England  settled.  Choice 
of  the  United  States. 

From  the  same  to  the  same.    Grosvenor  Square,  June  6,  1786.  .666 

Encloses  papers  relative  to  African  affairs. 

John  Jay  to  John  Adams.     New  York,  August  19,  1786 667 

Acknowledges  the  ruceipt  of  letters  to  the  6th  June.  Delays  in  Congress  for 
want  of  adequate  representation.  It  is  therefore  letters  art;  unanswered  and 
instructions  not  given  on  essential  points.  Treaty  expected  from  Portugal. 
Has  advised  new  commissions  for  Messrs.  Adams  and  Jeflerson.  Regreta 
his  letters  do  not  convey  more  important  rnatiLr.  Would  be  at  no  loss  to 
form  a  judgment,  but  might  not  coincide  wiih  Congress. 

John  Adams  to  John  Jay.    Grosvenor  Square,  June  16,  1786.. 668 

Mr.  Jay's  letter  of  the  4th  May  received.  Lord  Caermarth<n  has  s[)oktn  of 
the  civil  reception  which  Mr.  Anstey  writes  he  received.  His  Lordship  says 
that  a  Minister  will  certainly  be  sent  to  America.  The  dilficuhy  was  to  find 
a  suitable  person.  Long  conversation  with  his  Lordship.  Posts,  debts, 
&e.  Recommends  that  Congress  should  re  uire  the  States  to  repeal  all  laws 
irreconcilal)le  to  the  treaty,  with  a  declaration  that  interest  is  no  part  of  the 
bona  fide  debts.  The  question  to  be  then  left  to  the  judges  and  juries  The 
opinion  of  Mr.  Adams  is,  that  interest  is  no  part  of  the  b  najide  debt. 

From  the  same  to  the  same.     London,  June  27,  1786 670 

Mr.  Jay  s  letter  of  the  1st  May  received,  with  the  orders  of  Congress.  The 
vessel  which  was  the  bearer  of  the  reply  to  the  memorial  of  the  30th 
November  having  sprung  aleak  and  put  into  Lisbon,  encloses  duplicate 
copies. 

From  the  same  to  the  saine.     London,  July  15,  1786 670 

Conduct  of  Captain  Stanhope  at  Boston  rij)rehfnsible.  His  justification  con- 
sidtTi'd  by  the  Lords  of  the  Admiralty  a  furihir  jirovoi-niion.  A  rap  over 
the  knuckles.  Instructions  to  be  given  to  Sir  Guy  Carleton  concernuig  the 
eastern  boundary.     A  Minister  to  tiie  United  ^tates  not  yet  appointed. 

From  the  same  to  the  same.     London,  July  30,  1786 671 

Mr.  Jay's  letter  of  the  6ih  June  reci  ived,  with  the  ratification  of  the  treaty 
with  Prussia.  Mr.  Pcnn,  a  British  Senator  and  friend  to  America,  the  bearer 
of  this  communication.     Laments  the  lust  for  paper  money  in  some  parts  of 


XXviii  CONTENTa. 

tlic  United  States.  Its  evil  consequences.  Has  learned  with  great  satisfac- 
tion that  Mr.  Jay  has  received  his  letter  of  the  4th  March,  containino;  the 
answer  of  the  British  Court  to  the  memorial  respecting  the  posts.  Wishes 
Mr.  Jay's  sentiments  upon  it,  that  being  the  most  important  despatch  yet 
transmitted.     Desires  instructions  of  Congress  concerning  the  negroes. 

John  Adams  to  John  Jay.     London,  July  31,  1786 672 

Relative  to  Mr.  Randall.     Prisoners  at  Algiers. 

John  Jay  to  John  Adams.     New  York,  October  4,  1786 673 

Letters  received  to  the  30th  July  immediately  laid  before  Congress.  Commo- 
tions in  New  England.  An  account  of  one  at  Exeter,  New  Hampshire, 
enclosed.  Creditable  to  the  Government.  Rage  for  paper  money.  Indecision 
in  the  construction  of  our  Government. 

From  the  same  to  the  same.     ]\ew  York,  November  1,  1786..  .674 

Letter  of  Mr.  Adams  of  the  15th  July  has  come  to  hand.  A  report  on  the 
frontier  posts  is  under  consideration  of  Congress.  Daily  violation  of  the 
treaty  by  the  respective  States.     Unpleasant  state  of  affairs  in  America. 

John  Adams  to  John  Jay.     London,  October  3,  1786 675 

Treaty  of  commerce  between  France  and  England.  Stipulations.  Negotiations 
between  England  and  Russia  at  a  stand.  Hopes  and  exjjectations  for  Hol- 
land. Their  progress  in  liberal  institutions.  The  best  form  of  Government, 
according  to  Mr.  Adams. 

From    the   same   to   the   same.     Grosvenor   Square,   October   27, 
1786 677 

Motives  for  a  visit  to  the  Hague.  Exchange  of  ratifications  of  the  Prussian 
treaty.  Relations  of  France  and  England.  The  effect  they  wish  to  produce 
upon  the  United  States.  The  plant  of  liberty  yet  to  be  watered  with  blood. 
Advice  to  cherish  the  militia. 

John  Jay  to  John  Adams.     New  York,  January  17,  1787 680 

Li'ltir.s  riceived  to  the  27th  October.  Congn.'ss  have  not  made  a  House  since 
thi;  3d  November  last. 

From  the  same  to  the  same.     New  York,  February  6,  1787. .  .680 

General  St.  Clair,  President  of  Congress.  Encloses  letter  to  the  dueen  of 
Portugal.     Report  of  Secretary  Jay,  January  25,  1787,  p.  G81. 

John    Adams    to   John    Jay,      Grosvenor   Square,    November   30, 
1786 682 

Replies  to  Mr.  Jay's  of  the  4th  October.  Has  received  from  Lord  Caermar- 
ilien,  officially,  the  treaty  beiwicn  France  and  England.  Symptoms  of  a 
tnaiy  with  yVimrica.  Ameriiaii  and  European  taxation  compared.  Reflcc- 
tion.M  upon  till'  situati(ui  of  America. 

John  Jay  to  John  Adams.     New  York,  February  21 ,  1787  ...  .683 

Nine  SiatfM  are  representf.-d.  The  insurrection  in  Mas.saeliiistltH  sujipressed. 
TraiisinilM  papers  concerning  iln;  dc'iails.  Insufficien(;y  of  the  fireseiit  form 
of  Government.  Pr<i|)OKed  changeH.  M<idi'rati<)n  of  New  York  towards 
the  Torir'H.     Disinclinalidii  of  the  jieopic  to  pay  taxes. 

From  the  .same  to  the  same.     New  York,  April  2,  1787 684 

EneloHi'H  a  ropy  of  ihi-  reHnlutions  of  CoiigresH  of  the  21st  March,  which  he 
ihink.M  mi','ht  be  well  to  communicate  informally  to  Lord  Caeriiuirthen.  In- 
(Tfasing  dilficullieH  in  the  Goveriuni-iii  of  the  ("ftnfedfracy. 

From   lh<^   same   U)  thr   same.     OfTicf   for  Forci^Mi    Affairs,  May  3, 
1787 685 

In  ri'lation  to  lUc  nppointmiiii  of  Phim-as  IJontl,  Eh|.,  Conimissary  for  Com- 
mercial AffairH  in  the  Uniti-d  Slates,  on  behalf  of  his  Dritannic  Majesty. 
ObjcclioiiH  on  the  j)art  of  Congress. 


CONTENTS.  xxix 

John  Adams  to  John  Jay.    Grosvenor  Square,  January  9, 1787 .  .687 

Conference  with  the  Tripolitan  Ambassador.  Renewed  apologies  of  the  Por- 
tuguese Minister.  Supposes  divisions  of  sentiment  in  the  Cabinet  of  Portu- 
gal. Interview  with  his  Royal  Highness  the  Duke  of  Cumberland.  Encloses 
a  copy  of  a  letter  from  the  Marquis  of  Caermarthcn.  Mistake  of  his  Lord- 
ship. Enclosures:  Lord  Caennarthen  to  John  Adams.  Whitehall,  Novem- 
ber 1,  1786,  p.  687.  Lord  Caermarthen  to  John  Adams.  Whitehall, 
December  11,  1786,  p.  687.  Messrs.  Wilhem  &  Jan  Willink,  and  Nicholas 
&  Jacob  Van  Staphorst  to  John  Adams,  January  5, 1787,  p.  688.  M.  Dumas 
to  Messrs.  W.  &  J.  Willink  and  Messrs.  N.  &  J.  Van  Staphorst.  The 
Hague,  Jeinuary  2,  1787,  p.  689.  Certificate  of  surveyors  of  buildings, 
p.  690. 
From  the  same  to  the  same.  Grosvenor  Square,  January  24, 
1787 691 

Communicates  his  intention  of  returning  to  the  United  States  on  the  expiration 
of  his  commission.  Solicits  a  letter  of  recall  from  the  Low  Countries. 
Arrival  of  Colonel  Franks  with  the  treaty  with  Morocco.  No  prospect  of 
farther  success  witli  the  Barbary  Powers.  Recommends  Colonel  Smith  as  a 
future  Charge  d'AlTaires.    Will  embark  for  America  in  the  spring  of  1788. 

From  the  same  to  the  same.     London,  January  27,  1787 693 

Treaty  with  Morocco  happily  concluded.  Expenses  of  the  treaty.  Colonel 
Franks,  who  accompanied  Mr.  Barclay,  the  bearer  of  the  treaty.  Mr.  Lamb 
advised  to  return  to  New  York  No  intelligence  concerning  the  treaty  with 
Portugal.  Scarcity  of  money  will  suspend  further  proceedings  with  the 
Barbary  Powers.  Encloses  letters  from  Thomas  Barclay  to  Messrs.  Adams 
and  Jefferson.  Cadiz,  October  2,  1786,  p.  694.  From  the  same  to  the  same. 
Madrid,  November  7,  1786,  p.  695.  Thomas  Barclay  to  Messrs.  Adams  and 
Jefferson.  Escurial,  November  15,  1786,  p.  697.  Letter  from  the  Emperor 
of  Morocco  to  the  President  of  Congress,  June  28,  1786,  p.  698.  The  Em- 
peror of  Morocco  to  the  King  of  Spain,  p.  699.  Sidi  Hadge  Taher  Ben 
Fennish  to  Messrs.  Adams  and  Jefferson.  Morocco,  July  16,  1786,  p.  700. 
Thomas  Barclay  to  Messrs.  Adams  and  Jefferson.     Tangier,  September  10, 

1786.  The  commerce,  ports,  naval  force,  revenue,  language,  government, 
&c.,  of  the  Empin!  of  Morocco,  pp.  701-716.  Thomas  Barclay  to  Messrs. 
Adams  and  Jefferson.  Tangier,  September  13,  1786.  Further  particulars 
respecting  Morocco,  p.  716.  Thomas  Barclay  to  Messrs.  Adams  and  Jef- 
ferson. Ceuta,  September  18,  1786.  Particulars  of  the  negotiations  with 
the  Emperor  of  Morocco,  p.  721.  Francis  Chiappi  appointed  agent  for  the 
United  States  of  America  at  Morocco,  p.  725. 

Report  of  Secretary  Jay,  May  1,  1787 725 

Advi.sing  the  ratification  of  the  Morocco  treaty. 

Report  of  Secretary  Jay,  July  23,  [misprinted  July  27,]  1787.  .727 
On  the  papers  which  accompanied  the  treaty  with  Morocco. 

John  Adams  to  John  Jay.    Grosvenor  Square,  January  27, 1787 . .  732 

Note  received  from  Lord  Caermarthen  relative  to  Chinese  seamen.  Practice  of 
m'tamorphosing  British  into  American  bottoms  to  trade  to  the  East  Indies. 
Encloses  a  note;  from  Lord  Cairmarthen.     Grosvenor  Square,  January  26, 

1787,  ]>.  732.     Transmits  a  petition  relative  to  East  India  siamen,  p.  732. 

Report  of  Secretary  Jay  on  the   preceding  letter  of  JVIr.  Adams. 

Olhce  for  Foreign  Affairs,  July  31 ,  1787 733 

John  Adams  to  John  Jay.     London,  February  3,  1787 734 

No  better  prospect  for  America.  Opening  of  the  Parliament.  Revenue  defi- 
cient. Mode  of  keej>ing  up  the  sj)irits  of  the  peonle.  Transmits  a  letter 
from  John  Hales  relative  to  the  East  India  ship  which  was  supposed  to  have 
been  male  an  American  bottom.  Is  desirous  of  rituniing  home;  will  embark 
in  the  .spring  of  1788.  From  John  Hales  to  John  Adams,  February  2,  1787, 
p.  736. 


XXX  CONTENTS. 

John    Adams    to    John    Jay.       Grosvenor  Square,  February  24, 
1787 736 

Transmits  a  letter  to  Congress  from  Mr.  Harrison,  relative  to  disbursements 
for  Captain  Irwin.  Recommends  the  claim  to  Congress.  R.  Harrison  to 
John  Adams.     London,  February  21,  1787,  p.  736. 

John  Jay  to  John  Adams.      Office  for  Foreign   Affairs,  May   12, 
1787 737 

Letters  acknowledged  to  the  24th  February.  Motion  made  in  Congress  to 
remove  to  Philadelphia.  Business  delayed  by  debate.  Copy  of  Mr.  Adams's 
book  received;  disagrees  in  certain  particulars. 

From  the  same  to  the  same.     Office  for  Foreign  Affairs,  May  14, 
1787 738 

Recommends  the  Honorable  D.  Huger  to  the  attention  of  Mr.  Adams. 

John  Adams  to  John  Jay.     Grosvenor  Square,  April  10,  1787.  .738 

No  change  in  American  affairs.  Silence  prevails.  Members  of  Parliament 
detest  to  hear  the  name  of  America.  Secret  schemes,  however,  to  plunder 
us.  Information  by  an  engraver  of  an  attempt  to  counterfeit  the  paper  bills 
of  the  Carolinas.  Refusal  of  base  copper  coin.  Supposes  it  will  be  shipped 
to  America.  Cautions  against  its  reception.  Colonel  Smith  about  to  dei)art 
for  Portugal. 

From  the  same  to  the  same.     London,  April  19,  1787 739 

Encloses  an  act  of  Parliament  for  regulating  the  trade  between  the  United 
States  and  the  dominions  of  the  King  of  Great  Britain.  Reported  negotia- 
tion between  Lord  Dorchester  and  Vermont.  Encloses  another  curious  bill 
moved  in  the  House  of  Lords.     Probable  change  of  Ministry. 

From  the  same  to  the  same.     London,  Ajiril  30,  1787 740 

Application  made  to  the  British  Ministry  on  the  receipt  of  the  letter  of  Dr. 
Wren  to  prevent  the  counterfeiting  American  paper  currency.  Opinion  and 
advice  of  the  under  Secretary  to  consult  the  magistracy.  Types,  stanips, 
&c.,  seized.  Conduct  of  the'  Government  perfectly  polite  and  proper.  En- 
closes a  letter  from  Dr.  Thomas  Wren  to  John  Adams.  Purtsinouth,  April 
22,  1787.  Relative  to  counterfeiting  the  paper  currency  of  the  United  Stales, 
ji.  741.  Mr.  Mowbray  to  John  Adams,  (without  date,)  on  the  same  subject, 
p.  744. 

From  the  same  to  the  same.    Grosvenor  Square,  May  1,  1787.  .745 

Transmits  a  volume  on  iniprovements  in  naval  architecture,  with  the  original 
letters  of  the  author.  Patrick  Miller  to  John  Adams.  Edinburgh,  April 
14,  1787,  p.  745. 

John  Jay  to  John   Adams.      Office  for  Foreign  Affairs,  July    14, 

1787 745 

Letters  received  to  the  1st  May.  States  not  represented  in  Congress.  Public 
attention  turned  to  the  convention.  Necessity  of  strength  in  tin;  national 
Government.  Tlw  western  Indians  inclined  to  be  hostile.  Impotency  of 
Government.     Delays  injurious. 

John  Adams  to  John  Jay.     London,  May  8,  1787 747 

The  result  of  the  convention  must  be  Ijenrfieial,  Importance  of  the  Missis- 
sippi  and  lln-  fisherieH.  Hopes  to  receive  orders  to  reiurn  home.  Incivility 
iinJ  iiiiprudeiici:  of  the  Hrilish  f'ourl  in  not  sending  a  Minister  to  America. 
Impropriety  nf  remwinL'  Ihh  "ommissinn.  Stale  of  iMigl.ind  and  llie  Royal 
family.  L' tier  from  the  American  captives  in  Algiers,  February  l.'J,  1787, 
p.  748. 

From  the  same  to  the  sainr.     Ixindon,  May  14,  1787 751 

Resolutions  of  Congress  of  the  21st  March,  informally  communicated  to  Lord 
Cucrmarlhcn.     Hib  Lordshij)  hijjhly  j)leaHtd. 


CONTENTS.                                           xxxi 
John  Adams  to  John  Jay,  May  23,  1787 751 

Transmits  copies  of  protested  bills  of  exchange;  also  letters  from  the  Commis- 
sioners of  Loans  at  Amsterdam.  Intends  going  to  Amsterdam.  Reduced 
to  the  necessity  of  ojiening  a  new  loan  to  save  the  cri'dii  of  the  United  States. 
Moneyed  transactions,  how  aftected.  Drafts  of  Thomas  Barclay  for  the 
Morocco  treaty  iiave  exceeded  what  was  anticipated.  Regrets  he  has  no 
letter  of  recall  from  the  Htigue.  Encloses  letters  from  Messrs.  Wilticm  & 
Jan  Willink  to  John  Adams.  Amsterdam,  May  15,  1787.  On  financial 
alTairs,  p.  753.  Messrs.  Williem  &  Jan  Willink  to  John  Adams.  Amster- 
dam, May  18,  1787,  p.  754. 

John   Jay   to  John   Adams.     Office  for  Foreign   Affairs,  July  31, 
1787 756 

Letters  acknowledged  to  the  23d  May.  Transmits  sundry  acts  of  Congress- 
Obstacles  to  the  execution  of  the  treaty  removed  by  several  of  the  .States- 
Progress  of  the  convention  at  Philadelphia.  Extract  from  the  Secret  Jour" 
nals,  July  20,  1787,  p.  758.  Papers  relative  to  the  treaty  of  peace:  John 
Sullivan  to  John  Jay.  Exeter,  September  18,  1786.  Transmits  an  act  of 
the  Legislature  of  New  Hampshire,  pp.  759-760.  James  Bowdoin  to  John 
Jay.  Boston,  May  17,  1786.  Encloses  acts  and  resolutions  of  Massachu- 
setts, pp.  761-773  John  Collins  to  John  Jay  Newport,  September  4,  1786. 
An  act  of  Rhode  Island  and  Providence  Plantations,  pp.  773-774.  Samuel 
Huntington  to  John  Jay.  Council  Chamber,  Hartford,  June  12,  1786  An 
act  of  Connecticut,  pp.  774-776.  W.  Livingston  to  John  Jay.  Elizabeth- 
town,  June  15,  1786,  p.  776.  George  Clinton  to  John  Jay.  New  York, 
July  20,  1786.  Extract  from  the  proceedings  of  the  Assembly  of  New 
York,  pp.  777-782.  An  act  of  the  State  of  Delaware,  p.  782.  An  act  of 
the  State  of  Maryland,  p.  782.  Patrick  Henry  to  Joim  Jay.  Richmond, 
June  7,  1786,  An  act  of  Virginia,  p.  784.  Richard  Caswell  to  John  Jay. 
North  Carolina,  Kingston,  June  21,  1786.  An  act  of  North  Carolina,  pp. 
784-786.  William  Moultrie  to  John  Jay.  Charleston,  South  Carolina,  June 
21,  1786,  p.  786. 

John  Adams  to  John  Jay.     Grosvenor  Square,  London,  June  16, 
1787 787 

Transmits  a  translation  of  the  contract  for  a  million  of  guilders.  Absolute 
necessity  for  the  measure.  Prompt  ratification  important.  Visit  to  Amster- 
dam. Riots  in  that  city.  Hopes  the  Dutch  may  be  left  to  settle  their  own 
disputes.     Contract  for  a  loan  of  a  million  of  guilders,  pp.  789-792. 

Report  of  Secretary  Jay,  October  12,  1787,  on  the  preceding  letter 

of  the  16th  June 792 

John  Jay  to  John  Adams.     New  York,  September  4,  1787 . . .  .792 

Want  of  adequate  representation  prevents  action  on  foreign  affairs.  Report 
made  on  Mr.  Adams's  return.  Extract  from  the  Secret  Journals  of  Congress, 
August  1,  1787,  p.  793. 

From  the  same  to  the  same.     Office  of  Foreign  Affiiirs,  October  3, 
1787 793 

No  decision  yet  had  upon  Mr.  Adams's  return.  Encloses  copy  of  the  new 
form  of  Government.  Fate  uncertain.  Opposition  expected.  Extract  from 
the  Secret  Journals  of  Congress,  September  24,  1787,  p.  793. 

From  the  same  to  the  same.     Office  for  Foreign  Affairs,  October 

16,  1787 796 

Transmits  an  act  of  Congress  complying  with  Mr.  Adams's  reqmst  to  return. 
No  decision  respecting  a  Minister  or  Charge  d'Affsvires.  Transmits  various 
other  acts  and  papers  enumerated.  American  public  much  occupied  with  tlie 
new  form  of  Government.  Consid'TS  it  a  compromise.  Mr.  Jefl'erson'a 
commission  renewed.  Friendly  wishes  to  the  Dutch.  Extract  from  the 
Secret  Journals  of  Congress,  October  5,  1787,  p.  798. 


XXxii  CONTENTS. 

John  Jay  to  John  Adams.     Office  for  Foreign  Affairs,  November 
3,  1787 801 

Transmits  sundry  acts  of  Congress.  Extracts  from  tlie  Secret  Journals  of 
Congress,  October  11  and  12,  1787,  p.  801. 

John  Adams  to  John  Jay.     London,  September  10,  1787 802 

Encloses  a  letter  from  the  Portuguese  Minister.  Thinks  the  United  Stales 
should  have  a  Minister  at  Lisbon.  Colonel  Smitli's  journey  to  Portugal. 
Observations  on  such  missions — unknown  and  informal. 

Chevalier   del    Pinto    to    John    Adams.      London,    September   7, 
1787 803 

On  an  exchange  of  Ministers.  John  Adams  to  the  Portuguese  Minister. 
Grosvenor  Square,  September  10,  1787,  p.  804. 

John  Adams  to  John  Jay.     London,  September  22,  1787...    .804 

Air.  Jay's  letter  of  the  31st  July  received.  The  arrival  fortunate,  although 
there  has  been  no  act  of  Virginia  or  South  Carolina.  European  affairs  and 
probability  of  a  war.  De  Moustier  Minister  from  France  to  Congress. 
Consequences  of  a  long  war  in  Europe  to  the  United  States.  Delicacy  of 
his  situation  in  case  of  war. 

From  the  same  to  the  same.     London,  September  22,  1787 . . .  .805 

Impressment  of  American  seamen.  Note  addressed  to  Lord  Caermarthen 
delivered  in  person.  His  Lordship  j)romises  redress.  Invited  to  talk. 
Nothing  learned  but  that  war  had  been  declared  by  the  Porte  against 
Russia.  Critical  situation  of  Europe.  Another  case  of  impressment.  John 
Adams  to  Lord  Caermarthen.    Grosvenor  Square,  September  22, 1787,  p.  807. 

From  the  same  to  the  same.    London,  September  23,  1787  . . .  .807 

Lahserous  situation  of  Holland.  The  English  arming.  Inactivity  of  France. 
Unsettled  State  of  Eurojie.  Mr  Pitt's  economical  plans  disarranged.  For- 
tunate position  of  the  Americans,  who  should  furtily  and  cherisli  their  noble 
institutions. 

From  tlie  same  to  the  same.     London,  October  9,  1787 809 

Situation  and  position  of  France  contrasted  with  that  of  England.  Able 
diplomatists  re']uired  on  the  pnrt  of  the  former  at  the  Courts  of  London  and 
the  Hague.  Characters  of  the  Mar|uis  di;  Verac  and  Comic  de  Adlieinar. 
On  the  conduct  of  Ambassador.^  in  general.  Policy  and  mea.sures  of  Eng- 
land Tin:  indifference  of  France  about  Holland  will  not  secure  lier  peace. 
The  excitiment  of  the  English  is  astonishing.  Is  confident  a  war  is  not  far 
off  Wisdom  in  the  United  Stales  to  nniain  neutral;  but  if  England  is  suc- 
ce.ssful  will  not  be  permitted.  Affairs  of  Holland  dismal.  A  warning  to  the 
United  Stales. 

From  the  same  to  the  same.     London,  October  25,  1787 811 

Eneloses  a  letter  of  Mr.  Fagel  relative  to  M.  Dumas.  Memoriid  to  their  High 
MightiiiesseH,  &c.,  signed  John  Adams,  p  812.  H.  Fairel  to  John  Adams. 
The  I  lague,  October  IH,  1787,  p.  813  John  Adams  to  H.  Fagel.  London, 
Oeiob.r  2.'i,  1787,  p.  813.  John  Adams  to  M.  Dumas.  London,  October  25, 
17S7,  p.  814. 

From   the  same   to   tlie   same     Crosvenor  Scjiiare,    November  15, 

1787 814 

Attack  upon  M.  Dumas.  Hints  in  tlie  Englisli  papers  of  his  friendship  to 
France.  Aiivises  his  dismisHion  with  a  [tension.  In  relation  to  the  corrc- 
Hpondetice  with  Mr.  I''ai;i|;  tliinks  Congress  not  oljligid  formally  lo  answer 

it.     General  remarks  on  I^iiru|iran  affairs.     If  Eni^lnriil  Hiie( ds  against  the 

liouNi-  of  Hoiirbon  will  md  Hcriijtli-  to  aiiack  ilic  I'mnd  Siaii's.  ('onduei  of 
M.  Diimus  and  Missrs.  Van  Sia|iliorHt.'<  not  ajiproved  i»f  in  laknig  so  deiidid 
parts  in  favor  of  !•' ranee  and  at^ainsi  I  he  StadilioldiT.  Noie  from  Lord  CaiT- 
inarihen.  Wiiiiehali,  October  30,  1787,  |).  817.  Enclouing  declaruliun  uiid 
counlcr-declurutiun. 


CONTENTS.  xxxiii 

John    Adams    to   John    Jay.      Grosvenor  Square,    November  30, 
1787 817 

Transmits  Uio  Kind's  spporh  and  panojyrics  upon  it.  Imprudent  conduct  of 
a  decoasfd  Frrnch  IMinistcr.  Reflections  upon  other  IMiiiisters.  Providen- 
tial escape  of  the  United  States  from  Mr.  Dearie's  system,  of  Di;  Alaillebois's, 
and  Dc  Coudray's.  Many  exiles  from  Holland.  Interposition  of  Prussia 
in  the  aflairs  of  Holland  unjustifiable.  Speeches  of  Fox  and  Pitt.  Policy 
of  Euijland  develo]ied  in  the  sjtei^ch.  State  of  France.  If  the  house  of 
Bourl)on  is  unable  to  assert  her  dignity  the  demands  of  England  will  !)ecome 
extravagant.  Great  necessity  of  caution  on  the  part  of  the  United  States. 
Speech  of  the  King  of  England,  p.  820. 

From  the  same   to  the   same.     Grosvenor  Square,  December  11, 

1787 822 

Transmits  to  Congress  a  paper  of  Patrick  Miller,  of  experiments  in  navigation. 
Experiments  in  navigation  by  Patrick  Miller,  Esquire,  June  2,  1787,  p.  822. 

From   the  same   to  the  same.     Grosvenor  Square,   December  16, 

1787 824 

Mr.  Jay's  letter  of  the  16th  October  received,  with  its  enclosures.  Is  honored 
by  the  approbation  of  Congress.  Mr.  Smith  will  return  to  New  York. 
Approves  of  the  new  plan  of  Government.  Hopes  to  hear  of  its  being 
adopted  by  all  the  States.  Rumor  of  a  quadruple  alliance  in  Europe. 
America  nothing  to  fear,  except  a  want  of  union  and  government.  No 
answer  from  the  Ministry  to  any  letters  or  memorials.     None  expected. 

From    the   same    to    the    same.     Grosvenor  Square,  February   14, 

1788 826 

Lord  Caermarthen  expresses  a  wish  for  a  commercial  treaty  with  the  United 
States.  His  opinion  of  the  new  Constitution.  Consequences  in  Europe  if 
the  Constitution  is  rejected.  Personal  treatment  on  preparing  for  departure 
the  same  on  the  part  of  the  Opposition  and  Administration.  The  Marquis 
de  la  Luzerne,  Ambassador  at  the  Court  of  St.  James's,  has  already  met 
with  humiliations.  Ill  reception  of  the  Chevalier  do  Ternant  by  the  King 
and  dueen. 

From   the  same    to   the   same.     Grosvenor  Square,  February  16, 
1788 827 

Mortification  at  the  return  of  his  letters  and  memorials  from  the  Hague,  by 
Mr.  Fagel.  There  should  have  been  a  letter  of  recall.  The  same  irregu- 
larity in  his  recall  from  the  British  Court.  Requests  regular  letters  of  recall. 
H.  Fagel  to  John  Adams.  The  Hague,  February  12,  1788,  p.  828.  Memo- 
rial to  his  most  Serene  Highness,  William  the  Fifth,  Prince  of  Orange,  &c., 
p.  829.  Memorial  to  their  High  Mightinesses  the  Lords  the  States  General 
of  th(;  United  Netherlands,  p.  830. 

Resolves  of  Congress,  October  5,  1787 83 1 

John    Adams    to    Jolin    Jay.      Grosvenor    Square,    February    21, 

1788 832 

Audience  of  leave  of  his  Majesty.      Address  to  the  King.      Reply  of  hi.s 

Majesty. 

From  the   same  to   the  same.     Bath    Hotel,   London,  March    26, 
1788 833 

Recommendation  of  Colonel  Smith. 

John  Jay  to  John  Adams.     New  York,  February  14,  1788..  ..834 

Transmits  letters  of  recall. 

John  Adams  to  Joim  Jay.     Braintree,  October  1 1 ,  1788 834 

Solicits  a  seitlemenl  of  his  accounts  with  the  United  States. 

Vol.    II.— C 


CORRESPONDENCE 


THOMAS  JEFFERSON, 

ONE     OF    THE    CO>nnSSIONERS     FOR    THE     FORMATION     OF 
TREATIES    OF   AMITY    AND    COMMERCE,   AND    MIN- 
ISTER   PLENIPOTENTIARY  TO   FRANCE, 


THE  ANSWERS  OF  JOHN  JAY, 


SECRETARY  FOR  FOREIGN  AFFAIRS. 


CONTINUED  FROM  VOLUME  I. 


Vol.  II.— 1 


CORRESPONDENCE. 


FROM   THOMAS    JEFFERSON    TO    JOHN   JAY. 

Paris,  November  12,  1786. 
Sir, 

In  a  letter  which  I  had  the  honor  of  writing  you  on  the  26th 
September,  I  informed  you  that  a  Dutch  company  were  making 
propositions  to  the  INIinister  of  Finance  here  to  purchase,  at  a  dis- 
count, the  debt  due  from  the  United  States  to  this  country.  I  have 
lately  procured  a  copy  of  their  memoir,  which  I  now  enclose. 
Should  Congress  think  this  subject  worthy  their  attention,  they  have 
no  time  to  lose,  as  the  necessities  of  the  Minister,  which  alone  has 
made  him  to  listen  to  this  proposition,  may  force  him  to  a  speedy 
conclusion.  The  effect  which  a  payment  of  the  whole  sum  would 
have  here  would  be  very  valuable.  The  only  question  is,  whether 
we  can  borrow  it  in  Holland,  a  question  which  cannot  be  resolved 
but  in  Holland.  The  trouble  of  the  trial  and  expense  of  the  trans- 
action would  be  well  repaid  by  the  dispositions  which  would  be 
excited  in  our  favor  in  the  King  and  his  Ministers. 

I  have  the  honor  to  be,  ^c,  TH  :  JEFFERSON. 


Memorial  of  the  Dutch   Company. 

Translation. 

The  United  States  have  borrowed  a  large  sum  of  money  from 
France,  for  which  they  pay  an  interest  until  they  reimburse  it,  at  the 
rate  of  six  per  cent,  per  annum.     It  is  not  known  to  us  whether  the 
3 


4  THOMAS  JEFFERSON— JOHN  JAY. 

periods  of  this  reimbursement  are  fixed,  or  whether  they  are  left  to 
the  convenience  of  the  United  States ;  the  quota  of  this  sum  is  also 
unknown.  It  is  supposed  that  it  cannot  be  less  than  twenty-four 
millions,  and  that  the  period  of  reimbursement  is  not  near.  It  is 
thought  that  the  two  nations  consider  their  mutual  benefit,  and  upon 
this  supposition  an  arrangement  of  the  debt  of  the  United  States  is 
proposed,  which  appears  to  suit  the  interest  of  both  these  Powers. 

On  the  part  of  France,  the  want  of  money  to  facilitate  its  reim- 
bursements and  improvements  should  induce  her  to  fix  a  certain  price 
for  the  actual  return  of  so  large  a  sum. 

On  the  part  of  the  United  States,  the  scarcity  of  money  which 
they  experience,  and  the  want  of  it  which  the  natural  extension  of 
their  situation  occasions,  must  render  every  measure  precious  that 
will  bring  into  circulation  the  sum  they  have  borrowed,  and  under 
such  a  form  that  this  circulation  will  take  place  as  well  in  the  United 
States  as  elsewhere. 

This  mode  offers  of  itself.  It  consists  in  converting  the  American 
debt  into  bills,  payable  to  the  bearer,  in  sums  from  five  hundred  to  a 
thousand  French  livres,  and  annexing  dividends  to  these  bills  for 
receiving  the  interest  in  such  places  as  shall  be  agreed  and  fixed 
upon.  It  is  by  no  means  to  be  doubted  but  that  commerce  and  the 
Europeans  who  would  settle  in  the  United  States  would  carry  there 
great  numbers  of  these  bills,  \\  hich  would  probably  be  reimbursed 
there.  The  United  States  would  find  two  {^rcat  ad\  antafres  from  this 
operation.  The  fii-st,  by  acquiring  in  their  circulation  at  home  a 
paper  which,  by  the  full  credit  it  would  have,  would  answer  all  the 
purposes  of  cash.  Secondly,  being  able  to  pay  at  home  a  part  of 
llie  debt  and  the  interest,  and  to  reduce  it  by  degrees,  by  means  of 
the  purchase  of  lands  with  tlicse  bills,  payable  to  the  bearer;  for  the 
speculators  in  land  could  j)ay  for  them  in  this  way  with  advantage, 
both  on  account  of  their  being  able  to  ])rorure  llirse  bills  in  Europe 
on  better  terms  than  specie,  and  that  it  would  j)arti(iilarly  suit  the 
United  States  to  enromage  the  exchange'  of  uncultivated  lands  which 
they  have  to  sell,  for  bills  which  they  must  reimburse,  aiul  which,  in 
the  meantime,  costs  lliem  an  annual  interest. 

These  instances  will  prove;  the  great  IxMiefit  which  Fraiice  would 
procure  for  the  United  Slates,  by  converting  the  credit  she  has  given 
them  into  bills  payable  to  the  bearer,  which  might  be  brought  into 
circulation. 


DIPLOMATIC  CORRESPONDENCE.  5 

Witli  respect  to  the  benefit  France  would  reap,  it  is  very  probable 
that  she  might  dispose  of  all  these  bills  at  once  to  a  company  who 
would  take  them  up  in  consideration  of  some  sacrifice  and  facilities, 
which  arc  customary  in  transactions  of  such  magnitude.  It  must  be 
observed  here  that  this  arrangement  is  determined  upon  the 
presumption,  as  far  as  the  nature  of  the  case  will  admit,  that  this 
debt  is  recoverable. 

It  will,  therefore,  follow  that  France  will  obtain  for  the  purposes 
of  Government  a  speedy  return  of  a  sum  of  money  which  will 
proportionably  lessen  the  loans  which  may  be  otherwise  necessary. 

On  the  first  reflection,  it  might  appear  that  France  ought  not  to 
sell  her  debt  with  the  United  States,  especially  on  terms  favorable  to 
the  purchasers,  but  on  conditions  of  not  being  obliged  to  guaranty 
the  same  against  accidents,  which  may  render  it  doubtful,  as  this 
might  occasion  a  distrust  against  the  credit  of  the  United  States, 
which  might  be  prejudicial  to  them,  and  which  would  be  impolitic 
on  the  part  of  France,  and  inconsistent  with  the  reciprocal  friendship 
between  her  and  the  United  States.  This  objection  will  be  removed 
by  France  continuing  to  be  guarantee  for  the  payment  of  the  bills 
with  interest.  This  guarantee,  therefore,  is  not  only  necessary  for 
the  success  of  the  proposed  arrangement,  but  the  dignity  of  France 
also  requires  it;  less  hazard  will  attend  this  than  the  risk  that 
attended  the  losing  the  sum  lent  to  aid  a  revolution  which  she 
judged  important ;  the  solvency  of  the  United  States  depending  upon 
their  independence,  France  ought  not  to  expect  any  premium  for 
guarantying  a  solvency,  the  basis  of  which  it  is  her  interest  to 
support.  Should  the  removal  of  this  objection  be  opposed,  by 
observing  that  the  speedy  benefit  of  twenty  millions  is  not  of  suffi- 
cient consideration  to  determine  France  to  make  a  change,  when  she 
should  not  thereby  free  herself  at  least  from  risk  with  the  United 
States,  we  answer  that  the  advantage  of  restoring  these  twenty 
millions  into  circulation,  and  thereby  preventing  the  borrowing  of 
this  sum,  is  not  the  only  one. 

The  United  States  are  not  yet  free  from  all  apprehensions  of 
danger.  There  appears  some  difficulties  between  them  and  England 
with  regard  to  fulfilling  the  treaty  of  peace.  The  policy,  as  well  as 
the  inclinations  of  the  United  States,  require  their  firmness  in  every 
thing  they  have  to  transact  with  that  Power.  They  may,  therefore, 
be  under  the  necessity  of  demanding  further  -pecuniary  aids.     The 


6  THOMAS  JEFFERSON-JOHN  JAY. 

circumstances  that  may  render  these  necessary  may  likewise  render 
it  difficult  to  obtain,  especially  should  they  defer  asking  them  until 
these  circumstances  are  made  public.  This  arrangement  then  may 
facilitate  their  aid.  Should  it  require  promptness,  and  should  it  be 
impolitic  or  too  hazardous  to  seek  it  elsewhere  than  in  France,  she 
may  then  grant  it,  without  being  obliged  to  increase  her  taxes  by 
means  of  the  actual  product  of  her  debt.  If  this  consideration  has 
any  weight,  it  follows  that  the  proposed  arrangement  should  be 
delayed  as  short  a  time  as  possible.  The  English  funds  fall,  and 
which  can  only  be  attributed  to  the  apprehension  that  a  dangerous 
contest  may  be  occasioned  by  the  refusal  of  the  Court  of  London  to 
evacuate  the  forts. 

The  proposed  arrangement  requiring  his  Majesty's  arret,  the 
following  is  a  sketch  of  one  if  offered. 

Sketch  of  an  arret.     Louis,  &,c. 

Upon  representations  made  to  us  that  the  sums  we  have  lent  to  the 
United  States,  our  dear  allies,  will  not  be  returned  until  a  distant 
period,  and  that  by  turning  our  debts  into  negotiable  notes  they  will 
enter  immediately  into  circulation,  and  would  afford  the  said  States 
an  advantageous  opportunity  of  discharging  the  same,  both  by  means 
of  removing  the  ne^cessity  of  remitting  to  Europe  the  necessary  funds 
for  tiie  payment  of  the  interest  and  capital  of  part  of  their  debt 
represented  by  the  bills  which  their  circulation  shall  have  brought 
among  them,  as  also  by  the  opportunities  that  this  circulation  may 
offer  of  exchanging  lands  for  these  bills,  which  will  thereby  give  a 
new  spring  to  the  cultivation  which  the  United  States  desire  to 
extend  and  accelerate,  and  upon  being  assured  that  such  an  opera- 
tion would  really  produce  those;  advantages  to  the  United  States, 
without  th(!  least  inconvenienry  which  suggested  the  measure, 
especially  by  guarantying  the  payment  of  said  bills  lo  the  possessors. 
We  have,  therefore,  Jkc,  &ic. 

Another  preamble.     Louis,  &tc. 

Ev<'r  considering  what  may  be  advantageous  to  the.  L^nited  States, 
and  facilitate  to  them  the  means  of  extricating  themselves  from  a  dc;bt 
which  they  have  been  obliged  to  contract,  as  well  with  us  as  with 
other  Powers,  anfl  particularly  their  liberation  from  the  loan  of  the 

year ,  the  period  of  reimbursement  being  near  at  hand,  have 

conceived  that  it  will  be  a  fresh  proof  of  oin-  good  will  by  giving  a 
form   to  this  loan,  which  \s  ill   bring  it  into  circulation  by  making  it 


DIPLOMATIC  CORRESPONDENCE.  ^ 

negotiable.     It  appears  to  us  that  by  converting  this  sum  of 

into  bills.,  payable  to  the  bearer,  to  the  amount  of livres  each, 

with  term  of  interest,  payable  at  fixed  places,  we  should  furnish  the 
United  States  with  a  simple  mode  of  reimbursing  successively  within 
themselves,  and  without  any  distress,  the  bills  which  will  be  thrown 
into  commerce.  In  operating  this  conversion,  we  have  thought  it 
incumbent  on  our  justice,  the  dignity  of  our  crown,  and  our  affection 
for  our  dear  allies,  to  guaranty  the  security  and  the  payment  of  these 
bills  with  their  interest.  This  guarantee  will,  moreover,  afford  a 
fresh  proof  of  the  value  we  fix  on  preserving  our  alliance  with  the 
United  States.  We  have  been  the  more  inclined  to  adopt  this 
advantageous  method  for  the  United  States,  as  it  is  perfectly  recon- 
cilfeable  with  the  interests  of  our  subjects,  with  the  circumstances 
and  disposition  we  are  in  to  free  our  State  by  degrees  of  all  its  debts 
and  charges.     For  these  reasons,  Stc,  Stc. 

The  articles  of  the  arret  will  have  in  view  : 

1st.  To  create  bills  payable  to  the  bearer  to  the  amount  of  the 

sum  lent  to  the  United  States  in  the  year ,  the  fixed  period 

of  whose  reimbursement  falls  in  ,  which  bills  shall  each  be  of 

,  and   amounting  to  numbers,  from   number  one  to 

number ,  agreeable  to  the  model  annexed  to  the  arret. 

2d.  To  fix  the  period  of  reimbursement,  and  the  number  of  bills 
which  shall  be  reimbursed  at  each  period.  This  must  be  determined 
by  lot.  The  reimbursements  to  be  made  in  Paris,  Amsterdam, 
Philadelphia,  Boston,  New  York,  Charleston,  with  bankers,  who 
shall  be  appointed. 

3d.  The  number  of  bills  which,  by  lot  to  be  reimbursed,  shall  be 
published  four  months  before  the  reimbursement,  by  means  of  the 
public  prints  most  generally  known  in  Europe  and  America. 

4th.  To  determine  where  the  lots  shall  be  drawn.  This  would 
appear  to  be  most  proper  in  one  of  the  cities  of  the  United  States. 

5th.  Until  the  reimbursements  the  bills  shall  draw  an  annual 
interest  of  six  per  cent.,  which  shall  bo  paid  every  year,  commencing 

from ,  in  the  cities  marked  out  in  the article,  and  by 

the  bankers  to  be  appointed.  This  payment  shall  have  effect  on 
p'--'sentation  of  the  original  bill,  to  which  shall  be  annexed  the 
duidends  of  interest,  agreeable  to  the  model,  &;c. 

6th.  The  reimbursed  bills  shall  bo  withdrawn  as  being  extinguished, 
as  also  the  interest  not  due.    The  bankers  who  shall  have  paid  them 


8  THOMAS  JEFFERSON-JOHN  JAY. 

shall  account  for  the  same  with  the  United  States  by  representing 
them,  and  these  shall  successively  forward  the  list  to  his  Majesty's 
Ambassador  to  serve  as  a  discharge  for  his  Majesty's  guarantee,  in 
proportion  as  the  United  States  shall  reimburse  them. 

N.  B.  It  appears  indispensable  to  prevent  counterfeits  and  remove 
all  obstacles  in  the  way  of  the  circulation  of  the  bills,  that  they  be 
stamped  by  the  Ambassador  of  the  United  States,  an  operation 
which,  as  well  as  the  others  mentioned  in  the  arret,  only  to  be 
announced  in  concert  with  the  United  States. 


Extract  from  the  Secret  Journal  of  Congress,  October  2,  1787. 

The  Board  of  the  Treasury,  to  whom  was  referred  an  extract  of 
a  Letter  from  the  Honorable  Mr.  Jefferson,  INIinister  Plenipotentiary 
to  the  Court  of  France,  having  reported, 

That  the  said  -Minister  states,  ''That  a  proposition  has  been  made 
'  to  Monsieur  de  Calonne,  Minister  of  the  Finances  of  France,  by 
'  a  company  of  Dutch  merchants,  to  purchase  the  debt  due  from  the 
'  United  States  to  the  Crown  of  France,  giving  for  the  said  debt, 
'  amounting  to  twenty-four  million  of  livres,  the  sum  of  twenty  milHon 
'of  livres:  That  information  of  this  proposition  has  been  given  to 
'  him  by  the  agent  of  the  said  company,  with  the  view  of  ascer- 
'  taining  whether  the  proposed  negotiation  should  be  agreeable  to 

*  Congress." 

That  the  said  Minister  suggests,  "  That  if  there  is  danger  of  the 
'  public  payments  not  being  punctual,  whether  it  might  not  be  better 
'  that  the  discontents  which  would  then  arise  should   be  transferred 

*  from  a  Court,  of  whose  good  will  we  have   so  mucli  need,  to  the 
'breasts  of  a  private  company. 

"That  the  credit  of  the  United  States  is  sound  in  Holland  ;  and 
'  that  it  would  probably  not  be  diflicult  to  borrow  in  tliat  country 
'  the  whole  sum  of  money  due  to  the  Court  of  France,  and  to 
'discharge  that  debt  without  any  deduction,  thereby  doing  what 
'would  be  grateful  with  the  Court,  and  establishing  ^\  ith  them  a 
'confidence  in  our  honor." 

On  a  mature  consideration  of  the  circumstances  abovementioned, 
tlie  Board  beg  leave  to  observe, 


DIPLOMATIC  CORRESPONDENCE.  9 

That,  at  the  tune  the  debt  due  from  the  United  States  to  the 
Crown  of  France  was  contracted,  it  could  not  have  been  foreseen 
that  the  different  members  of  the  Union  would  have  hesitated  to 
make  effectual  provision  for  the  discharge  of  the  same,  since  it  had 
been  contracted  for  the  security  of  the  liv^es,  liberty,  and  property  of 
their  several  citizens,  who  had  solemnly  pledged  themselves  for  its 
redemption ;  and  that,  therefore,  the  honor  of  the  United  States 
cannot  be  impeached  for  having  authorized  their  Minister  at  the 
Court  of  France  to  enter  into  a  formal  convention,  acknowledfrinfj 
the  amount  of  the  said  debt,  and  stipulating  for  the  reimbursement  of 
the  principal  and  interest  due  thereon. 

That,  should  the  United  States  at  this  period  give  any  sanction  to 
the  transfer  of  this  debt,  or  attempt  to  make  a  loan  in  Holland, 
for  the  discharge  of  the  same,  the  persons  interested  in  the  transfer 
or  in  the  loan  would  have  reason  to  presume  that  the  United  States, 
in  Congress,  would  make  effectual  provision  for  the  punctual  payment 
of  the  principal  and  interest. 

That  the  prospect  of  such  provision  being  made  within  a  short 
period,  is  by  no  means  flattering;  and  though  the  credit  of  the 
United  States  is  still  sound  in  Holland,  from  the  exertions  ■which 
have  been  made  to  discharge  the  interest  due  to  the  subscribers  to 
the  loans  in  that  countr}',  yet,  in  the  opinion  of  this  Board,  it  would 
be  unjust,  as  well  as  impolitic,  to  give  any  public  sanction  to  the 
proposed  negotiation.  Unjust,  because  the  nation  would  contract  an 
engagement  without  any  well-grounded  expectation  of  discharging  it 
with  proper  punctuality.  Lupolitic,  because  a  failure  in  the  payment 
of  interest  accruing  from  this  negotiation,  (which  would  inevitably 
happen,)  \\ould  justly  blast  all  hopes  of  credit  w^ith  the  citizens  of 
the  United  Netherlands  wdien  the  exigencies  of  the  Union  might 
render  new  loans  indispensably  necessary. 

The  Board  beg  leave  further  to  observe  that,  although  a  grateful 
sense  of  the  services  rendered  by  the  Court  of  France,  would 
undoubtedly  induce  the  United  States,  in  Congress,  to  make  every 
possible  exertion  for  the  reimbursement  of  the  moneys  advanced  by 
his  most  Christian  INIajesty,  yet,  that  they  cannot  presume  that  it 
would  tend  to  establish  in  the  mind  of  the  French  Court  an  idea 
of  the  national  honor  of  this  country  to  involve  individuals  in  a 
heavy  loan,  at  a  time  when  Congress  were  fully  sensible  that  their 
resources  were  altogether  inadequate  to  discharge  even  the  interest 


10  THOMAS  JEFFERSON— JOHN  JAY. 

of  the  same,  much  less  the  instalments  of  the  principal,  which  would 
from  time  to  time  become  due.  How  far  the  idea  of  transferring  the 
discontent  which  may  prevail  in  the  French  Court  for  want  of  the 
punctual  payment  of  interest  to  the  breast  of  the  private  citizens  of 
Holland  would  be  consistent  with  sound  policy,  the  Board  forbear  to 
enlarge  on. 

It  may  be  proper,  however,  to  observe  that  the  public  integrity  of 
a  nation  is  the  best  shield  of  defence  against  any  calamities  to  which, 
in  the  course  of  human  events,  she  may  find  herself  exposed. 

This  principle,  so  far  as  it  respects  the  conduct  of  the  United 
States  in  contracting  the  loans  with  France,  cannot  be  called  in 
question.  The  reverse  would  be  the  case  should  the  sanction  of  the 
United  States  be  given,  either  to  the  transfer  of  the  French  debt  Or 
to  the  negotiation  of  a  loan  in  Holland,  for  the  purpose  of  dis- 
charging it. 

If  it  be  further  considered  that  the  consequences  of  a  failure  in 
the  punctual  payment  of  interest  on  the  moneys  borrowed  by  the 
United  States,  can  by  no  means  be  so  distressing  to  a  nation  (and 
one  powerful  in  resources)  as  it  would  be  to  individuals,  whose 
dependence  for  support  is  frequently  on  the  interest  of  the  moneys 
loaned,  the  board  presume  that  the  proposed  negotiation  cannot  be 
considered  at  the  present  juncture,  in  any  point  of  view,  either  as 
eligible  or  proper.  Under  these  circumstances  they  submit  it  as 
their  opinion  : 

That  it  would  be  proper  without  delay  to  instruct  the  Minister  of 
the  United  States  at  the  Court  of  France  not  to  give  any  sanction  to 
any  negotiation  which  may  l)e  proposed  for  transferring  the  debt  due 
from  the  United  States,  to  any  State  or  company  of  individuals  who 
may  be  disposed  to  purchase  thf  same. 

Resolved,  That  Congress  agree  to  the  said  report. 


FIIOM    THOMAS    JEFFEUSON    TO    WILLIAM    CARMICHAEL. 

Paris,  December  2G,  1786. 

Dear  Sir, 
A  note  from  mc  of  the  ^i'h\  of  September  apprized  you  it  would 
be  some  lime  before  I  should  he  able  to  answer  your  letters.     I  did 
not  then  expect  it  would  hav(,'  been  so  long. 


DIPLOMATIC  CORRESPONDENCE.  1 1 

I  enclose  herein  a  resolution  of  Congress  recalling  Mr.  Lamb, 
which  I  will  beg  the  favor  of  you  to  have  delivered  him.  I  have 
written  to  INIr.  Adams  on  the  subject  of  directing  him  to  settle  with 
Mr.  Barclay,  and  attend  his  answer.  In  the  meantime,  I  am  not 
without  hopes  Mr.  Barclay  has  done  the  business.  I  send,  also,  a 
note  desiring  Mr.  Lamb  to  deliver  you  his  cypher,  and  a  copy  of  a 
letter  from  the  INIinister  of  Finance  here  to  me  announcing  several 
regulations  in  favor  of  our  commerce. 

My  Notes  on  Virginia,  having  been  hastily  written,  need  abund- 
ance of  corrections.  Two  or  three  of  these  are  so  material,  that  I 
am  reprinting  a  few  leaves  to  substitute  for  the  old.  As  soon  as 
these  shall  be  ready,  I  will  beg  your  acceptance  of  a  copy.  I  shall 
be  proud  to  be  permitted  to  send  a  copy,  also,  to  the  Count  de 
Campomanes,  as  a  tribute  to  his  science  and  his  virtues.  You  will 
find  in  them  that  the  Natural  Bridge  has  found  an  admirer  in  me 
also.  I  should  be  happy  to  make  with  you  the  tour  of  the  curiosities 
you  will  find  therein  mentioned.  That  kind  of  pleasure  surpasses 
much,  in  my  estimation,  whatever  I  find  on  this  side  of  the  Atlantic. 
I  sometimes  think  of  building  a  little  hermitage  at  the  Natural 
Bridge,  (for  it  is  my  property,)  and  of  passing  there  a  part  of  the 
year  at  least. 

I  have  received  American  papers  to  the  1st  of  November.  Some 
tumultuous  meetings  of  the  people  have  taken  place  in  the  Eastern 
States,  i.  c,  one  in  Massachusetts,  one  in  Connecticut,  and  one  in 
New  Hampshire.  Their  principal  demand  was  a  respite  in  the 
judiciary  proceedings.  No  injury  was  done,  however,  in  a  single 
instance,  to  the  person  or  property  of  any  one,  nor  did  the  tumult 
continue  twenty-four  hours  in  any  one  instance.  In  Massachusetts, 
this  was  owing  to  the  discretion  which  the  malcontents  still  pre- 
served. In  Connecticut  and  New  Hampshire  the  body  of  the  people 
rose  in  support  of  government,  and  obliged  the  malcontents  to  go  to 
their  homes.  In  the  last-mentioned  State  they  seized  about  forty, 
who  were  in  jail  for  trial.  It  is  believed  this  incident  will  strengthen 
our  Government.  These  people  are  not  entirely  without  excuse. 
Before  the  war  these  States  depended  on  their  whale  oil  and  fish. 
The  former  was  consumed  in  England,  and  much  of  the  latter  in 
the  Mediterranean.  The  heavy  duties  on  American  whale  oil,  now 
required  in  England,  exclude  it  from  tliat  market,  and  the  Algerines 
exclude    them    from   brin^Insi   their   fi^h    into   the   Mediterranean. 


1-2  THOMAS  JEFFERSON— JOHN  JAY. 

France  is  opening  her  ports  for  their  oil,  but  in  the  meanwhile  their 
ancient  debts  are  pressing  them,  and  they  have  nothing  to  pay  with. 
The  ^lassachusetts  Assembly,  too,  in  their  zeal  for  paying  the  public 
debt,  had  laid  a  tax  too  heavy  to  be  paid  in  the  circumstances  of 
their  State.  The  Indians  seem  disposed,  too,  to  make  war  upon  us. 
These  complicated  causes  determined  Congress  to  increase  their 
forces  to  two  thousand  men.  The  latter  was  the  sole  object  avowed, 
yet  the  former  entered  for  something  into  the  measure.  However,  I 
am  satisfied  the  good  sense  of  the  people  is  the  strongest  army  our 
Government  can  ever  have,  and  that  it  will  not  fail  them.  The 
commercial  convention  at  Annapolis  was  not  full  enough  to  do 
business.  They  found,  too,  their  appointments  too  narrow,  being 
confined  to  the  article  of  commerce.  They  have  proposed  a  meeting 
at  Philadelphia  in  INIay,  and  that  it  may  be  authorized  to  propose 
amendments  of  whatever  is  defective  in  the  Federal  Constitution. 

When  I  was  in  England  I  formed  a  portable  copying  press  on  the 
principle  of  the  large  one  they  make  there,  for  copying  letters.  I 
had  a  model  made  there,  and  it  has  answered  perfectly.  A  workman 
here  has  made  several  from  that  model.  The  itinerant  temper  of 
your  Court  will,  I  think,  render  one  of  these  useful  to  you.  You 
must,  therefore,  do  me  the  favor  to  accept  of  one.  I  have  it  now  in 
readiness,  and  shall  send  it  by  the  way  of  Bayonne,  to  the  care  of 
]\Ir.  Alexander  there,  unless  Don  Miguel  de  Lardizabel  can  carry  it 
with  him. 

My  hand  admonishes  me  it  is  time  to  stop,  and  that  1  must  defer 
writing  to  Mr.  Barclay  till  to-morrow. 

1  have  the  honor  to  be,  kc,  Til :  JEFFERSON. 


FROM    THOMAS    JEFFERSON   TO    JOHN    JAV. 

rari.s,  December  31,  1786. 
Sir, 
1  had  the  honor  of  addressing  you  on  \hr  I'ith  of  the  last  month, 
siiKM!  which  your  favor  f)f  October  liith  has  been  received,  enclosing 
a  copy  of  tlie  rcsolulion  of  Congress  for  recalling  Mr.  Lamb.  My 
letter  by  Mr.  Randiil!  infonncd  you  tlial  we  bad  |)nl  :ni  end  to  his 
powers,  and  required  hiui  i<;  repair  to  Congress.     J  lately  received  a 


DIPLOMATIC  CORRESPONDENCE.  13 

letter  from  him,  dated  Alleant,  October  10th,  of  which  I  have  the 
lionor  to  enclose  you  a  copy,  by  which  you  will  perceive  that  the 
circumstance  of  ill  health,  either  true  or  false,  is  urged  for  his  not 
obeying  our  call.  I  shall  immediately  forward  the  order  of  Congress. 
I  am  not  without  fear  that  some  misap])lication  of  the  public  money 
may  enter  into  the  causes  of  his  declining  to  return.  The  moment 
that  I  saw  a  symptom  of  this  in  his  conduct,  as  it  was  a  circumstance 
which  did  not  admit  the  delay  of  consulting  Mr.  Adams,  I  wrote  to 
Mr.  Carmichael  to  stop  any  moneys  which  he  might  have  in  the 
hands  of  his  banker.  I  am  still  unable  to  judge  whether  he  is  guilty 
of  this  or  not,  as  by  the  arrangements  with  Mr.  Adams,  who  alone 
had  done  business  with  the  bankers  of  the  United  States  in  Holland, 
Mr.  Lamb's  drafts  were  to  be  made  on  him,  and  I  know  not  what 
their  amount  has  been.  His  drafts  could  not  have  been  negotiated 
if  made  on  us  both  at  places  so  distant.  Perhaps  it  may  be  thought 
that  the  appointment  of  Mr.  Lamb  was  censurable  in  the  moment 
in  which  it  was  made.  It  is  a  piece  of  justice,  therefore,  which  I 
owe  to  Mr.  Adams  to  declare  that  the  propositions  went  first  from 
me  to  him.  I  take  the  liberty  of  enclosing  you  a  copy  of  my  letter 
to  Mr.  Adams,  of  September  24th,  1785,  in  which  that  proposition 
was  made.  It  expresses  the  motives  operating  on  my  mind  in  that 
moment,  as  well  as  the  cautions  I  thought  it  necessary  to  take ;  to 
these  must  be  added  the  difficulty  of  finding  an  American  in  Europe 
fit  for  the  business,  and  willing  to  undertake  it.  I  knew,  afterwards, 
that  Dr.  Bancroft  (who  is  named  in  the  letter)  could  not,  on  account 
of  his  own  affairs,  have  accepted  even  a  primary  appointment.  I 
think  it  evident  that  no  appointment  could  have  succeeded  without  a 
much  greater  sum  of  money. 

I  am  happy  to  find  that  Mr,  Barclay's  mission  has  been  attended 
with  complete  success.  For  this  we  arc  indebted,  unquestionably, 
to  the  influence  and  good  ofiices  of  the  Court  of  INIadrid.  Colonel 
Franks,  the  bearer  of  this,  will  have  the  honor  to  put  into  your  hand 
the  original  of  the  treaty,  with  other  papers  accompanying  it.  It 
will  appear  by  these  that  Mr.  Barclay  has  conducted  himself  with  a 
degree  of  intelligence  and  of  good  faith  which  reflect  the  highest 
honor  on  him. 

A  copy  of  a  letter  from  Captain  O'Bryen  to  IMr.  Carmichael  is 
also  herewith   enclosed.     The   infonnation   it  contains   will    throw 


14  THOMAS  JEFFERSON— JOHN  JAY. 

further  lifjht  on  the  affairs  of  Algiers.  His  observations  on  the 
difficuhies  which  arise  from  the  distance  of  Mr.  Adams  and  myself 
from  that  place,  and  from  one  another,  and  the  delays  occasioned  by 
this  circumstance,  are  certainly  just.  If  Congress  should  propose  to 
receive  the  negotiations,  they  will  judge  whether  it  will  not  bo  more 
expedient  to  send  a  person  to  Algiers  who  can  be  trusted  with  full 
powers,  and  also  whether  a  mission  to  Constantinople  may  not  be 
previously  necessary.  Before  1  quit  this  subject  I  must  correct  an 
error  in  the  letter  of  Captain  O'Bryen.  Mr.  Lamb  was  not  limited, 
as  he  says,  to  one  hundred,  but  to  two  hundred  dollars  apiece  for 
our  prisoners.  This  was  the  sum  which  had  been  just  paid  for  a 
large  number  of  French  prisoners,  and  this  was  our  guide. 

The  difference  between  Russia  and  the  Porte  seems  patched  up 
for  the  present.  That  between  Spain  and  Naples  is  not  yet  healed, 
and  probably  will  not  be  cordially  ;  but  if  it  does  not  lead  to  a  war 
it  will  probably  end  in  a  settled  coolness,  and  the  King  of  Spain's 
ceasing  to  interfere  with  that  Government.  Tiie  mediation  of  this 
Court,  I  suppose,  has  been  excited  by  the  fear  that  Naples  might 
throw  itself  into  the  other  scale  of  the  European  balance.  This  has 
been  much  feared  from  the  new  King  of  Prussia.  Such  a  weight  as 
this  shifted  into  the  scale  of  the  Emperor,  Russia  and  England  would 
spread  a  cloud  over  the  prospects  of  this  kingdom.  Of  the  possi- 
bility of  this  event  you  will  be  so  much  better  informed  by  Mr. 
Dumas,  that  it  would  be  going  out  of  my  |)rr)\  incc  to  take  up  more 
of  your  time  with  it.  Tlu;  packets  at  L'()ri(Mit  luive  orders  to  go  to 
Havre,  from  which  place  they  will  ply  after  the  month  of  February. 
This  will  enable  me  to  resume  that  channel  of  correspondence  with 
you,  as  I  can  always  send  a  conlidrntiul  servant  by  the  diligence  in 
twenty-four  hours  to  that  place,  to  ])ut  my  letters  in  the  hand  of  our 
agent  there,  who  will  find  a  passenger  or  other  trusty  person  to  lake 
charge  of  them  witiiout  their  going  into  the  jiost  mail.  Through' 
passengers  and  the  same  agent  your  letters  to  me  may  be  safely 
conveyed  unopened.  I  enclose  you  the  Leyden  and  French  Gazettes 
to  this  date.  In  the  latter  you  will  find  an  authcMilic  copy  of  the 
treaty  betwf^en  France  and  lOngland.  1  am  also  desired  to  send  you 
the  papers  in  the  case  of  Andre  Caron,  praying  that  justice  may  bo 
donf!  him. 

J  have  th.'  honor  of  being,  he,  Til:  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  15 

FROM    JOHN    LAMB    TO    THOMAS    JEFFERSON. 

Alicant,  October  10,  1786. 

I  have  received  your  Excellency's  letter.  I  am  not  able  to  take 
passage  by  sea  or  land ;  I  have  been  confined  these  three  months. 

I  am  exceedingly  sorry  that  I  cannot  have  a  full  settlement  in 
Europe ;  what  I  have  written  concerning  it  is  real. 

The  letter  of  credit  I  will  return  by  the  first  safe  hand.  By  post 
all  my  letters  are  broken,  therefore  I  think  it  will  be  unsafe  by  that 
method  of  conveyance ;  but  in  the  meantime  shall  draw  no  more. 

I  am,  with  great  respect,  kc,  JOHN  LAMB. 


EXTRACT    OF    A    LETTER   FROM   THOMAS    JEFFERSON  TO  JOHN    ADAMS. 

Feu-is,  September  24,  1785. 
Sir, 
My  letter  of  September  19th,  written  the  morning  after  Mr.  Lamb's 
arrival  here,  would  inform  you  of  that  circumstance.  I  transmit  you, 
herewith,  copies  of  the  papers  he  brought  to  us  on  the  subject  of  the 
Barbary  treaties.  You  will  see  by  them  that  Congress  has  adopted 
the  very  plan  which  we  were  proposing  to  pursue.  It  will  now  go 
on  under  less  danger  of  objection  from  the  other  parties.  The  receipt 
of  these  new  papers,  therefore,  has  rendered  necessary  no  change  in 
matters  of  substance  in  the  despatches  we  had  prepared,  but  they 
render  some  formal  changes  necessary;  for  instance,  in  our  letter  of 
credence  for  Mr.  Barclay  to  the  Emperor  of  INIorocco,  it  becomes 
improper  to  enter  into  those  explanations  which  seemed  proper  when 
that. letter  was  drawn,  because  Congress  in  their  letter  enter  into  that 
explanation.  In  the  letter  to  the  Count  de  Vergennes  it  became 
proper  to  mention  the  new  full  powers  received  from  Congress,  and 
which,  in  some  measure,  accord  with  tiie  idea  communicated  by  him 
to  us  from  the  M.  de  Castries.  These  and  other  formal  alterations 
which  appeared  necessary  to  me  I  have  made,  leaving  so  nuicli  of 
the  original  drafts,  approved  and  amended  by  you,  as  were  not  incon- 
sistent with  these  alterations.  I  have,  therefore,  had  them  prepared 
fair  to  save  you  the  trouble  of  copying  ;  yet,  whenever  you  choose 
to  make  alterations,  you  will  be  so  good  as  to  make  them,  taking,  in 
that  case,  the  trouble  of  having  new  fair  copies  made  out. 


16  THOMAS  JEFFERSOX-JOHX  JAY. 

You  will  perceive  by  Mr.  Jay's  letter  that  Congress  had  not 
tliought  proper  to  give  Mr.  Lamb  any  appointment.  I  imagine  they 
apprehended  it  might  interfere  with  measures  actually  taken  by  us. 
Notwithstanding  the  perfect  freedom  which  they  are  pleased  to  leave 
to  us  on  this  subject,  I  cannot  feel  myself  clear  of  that  bias  which  a 
presumption  of  their  pleasure  gives,  and  ought  to  give.  I  presume 
that  Mr.  Lamb  met  their  approbation,  because  of  the  recommenda- 
tions he  carried  from  the  Governor  and  State  of  Connecticut ; 
because  of  his  actual  knowledge  of  the  country  and  people  of  those 
States  of  Barbary ;  because  of  the  detention  of  these  letters  from 
March  to  July,  which,  considering  their  pressing  nature,  would 
otherwise  have  been  sent  by  other  Americans  who,  in  the  meantime, 
have  come  from  New  York  to  Paris  ;  and  because,  too,  of  the 
information  we  received  from  jMr.  Jarvis.  These  reasons  are  not 
strong  enough  to  set  aside  our  appointment  of  Mr.  Barclay  to 
Morocco.  That,  I  think,  should  go  on,  as  no  man  could  be  sent 
who  would  enjoy  more  the  confidence  of  Congress  ;  but  they  are 
strong  enough  to  induce  me  to  propose  to  you  the  appointment  of 
Lamb  to  Algiers.  He  has  followed  for  many  years  the  Barbary 
trade,  and  seems  intimately  acquainted  with  those  States.  I  have 
not  seen  enough  of  him  to  judge  of  his  abilities.  He  seems  not 
deficient,  as  far  as  I  can  see,  and  the  footing  on  which  he  comes 
must  furnish  a  presumption  for  what  we  do  not  see.  We  must  say 
the  same  as  to  his  integrity.  We  must  rely  for  this  on  the 
recommendations  he  brings,  as  it  is  impossible  for  us  to  judge  of  this 
for  ourselves,  yet  it  will  be  our  duty  to  use  such  reasonable  cautions 
as  arc  in  our  power.  Two  occur  to  mc.  1st.  To  give  him  a  clerk 
capable  of  assisting  and  attending  to  his  proceedings,  and  who,  in 
case  he  thought  anything  was  doing  amiss,  might  give  us  informa- 
tion. 2(1.  Not  to  give  a  credit  on  Van  Staphorst  and  Willink,  but 
let  his  drafts  be  made  on  yourself,  which,  with  the  knowledge  you 
will  have  of  his  proceedings,  will  enable  you  to  check  them  if  you 
are  sensible  of  any  abuse  intended.  This  will  give  you  trouble  ; 
but  as  I  have  never  found  you  declining  trouble  when  it  is  necessary, 
1  venture  to  propose  it.  1  hope  it  will  not  expose  you  to  inconve- 
nience, as  by  instructing  Lamb  to  insert  in  his  drafts  a  proper  usance 
you  can,  in  the  meantime,  raise  the  money  for  them  by  drawing  on 
Holland.  I  must  inform  you  that  Mr.  Barclay  wishes  to  be  put  on 
the  same  footing  with  Mr.  Lamb  as  to  this  article,  and  therefore  I 


DIPLOMATIC  CORRESPOXDEXCE,  17 

return  you  your  letter  of  credit  on  Van  Staphorst  &;  Co.  As  to  the 
first  article,  there  is  great  difficulty.  There  is  nobody  at  Paris  fit 
for  the  undertaking  who  would  be  likely  to  accept  it — I  mean  there 
is  no  American,  for  1  should  be  anxious  to  place  a  native  in  the 
trust.  Perhaps  you  can  send  us  one  from  London.  There  is  a  Mr. 
Randolph*  there,  from  ^»ew  York,  whom  Mr.  Barclay  thinks  might 
be  relied  on  very  firmly  for  integrity  and  capacity.  He  is  there  for 
his  health.  Perhaps  you  can  persuade  him  to  go  to  Algiers  in 
pursuit  of  it ;  if  you  cannot,  I  really  know  not  what  will  be  done. 
It  is  impossible  to  propose  to  Bancroft  to  go  in  a  secondar}-  capacity. 
Mr.  Barclay  and  myself  have  thought  of  Cairnes,  at  L'Orient,,  as  a 
dernier  resort ;  but  it  is  uncertain,  or  rather  improbable,  that  he  will 
undertake  it.  You  wull  be  pleased,  in  the  fii'st  place,  to  consider  of 
my  proposition  to  send  Lamb  to  Algiei^,  and  in  the  next  all  the 
circumstances  before  detailed  as  consequences  of  that. 

The  enclosed  letter  from  Richard  O'Bryen  furnishes  powerful 
motives  for  commencing  by  some  means  or  other  the  treaty  with 
Algiers,  more  immediately  than  would  be  done  if  left  to  Mr.  Barclay. 
You  will  perceive  by  that  that  two  of  our  vessels,  with  their  crews 
and  cargoes,  have  been  carried  captive  into  that  port.  What  is  to 
be  done  as  to  those  poor  people  ?  I  am  for  hazarding  the  supple- 
mentary instruction  to  Lamb  which  accompanies  these  papers. 
Alter  it  or  reject  it,  as  you  please.  You  ask  what  I  think  of 
claiming  the  Dutch  interposition.  I  doubt  the  fidelity  of  any  inter- 
position too  much  to  desire  it  sincerely.  Our  letters  to  this  Court 
heretofore  seemed  to  oblige  us  to  communicate  with  them  on  the 
subject.  If  you  think  the  Dutch  would  take  amiss  our  not  applying 
to  them,  I  \\  ill  join  you  in  the  application  ;  other\vise,  the  fewer  are 
apprized  of  our  proceedings  the  bettor.  To  communicate  them  to 
the  States  of  Holland  is  to  communicate  them  to  the  world. 


FROM    JOHN    PAUL    JONES    TO    THOMAS    JEFFERSON. 

Paris,  August  16,  1786. 
Sir, 

Having  no   roll  of  the  Ariel   in   my  possession,  I  am  unable  to 

determine  the  legality  of  the  claim  expressed  in  the  papers  you  did 


•  Oug!.'  t')  be  Randall. 
\  Ol,.  II.— 2 


18  THOMAS  JEFFERSON-JOHN  JAY. 

me  the  honor  to  send  for  my  opinion.  The  papers  of  that  frigate 
were  deposited  in  the  Admirahy  at  Philadelphia,  I  think  in  April  or 
May,  1781  ;  and  I  remember  that  some  arrangement  with  Mr. 
Holker  was  spoken  of  by  the  Board  for  the  wages  due  to  the  marines, 
who,  being  French  subjects,  were  claimed  by  the  Chevalier  de  la 
Luzerne,  and  sent  to  join  INIonsieur  des  Touches,  at  Rhode  Island. 
As  this  happened  in  the  moment  when  paper  money  was  going  out 
of  circulation,  jierhaps  the  men  have  not  been  paid.  The  truth  can 
only  be  known  by  writing  to  America,  unless  you  think  fit  to  consult 
tlie  Count  des  Touches,  with  whom  they  embarked  at  Philadelphia 
for  Rhode  Island. 

I  have  the  honor  to  be,  &tc.,  PAUL  JO>TS. 


FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  January,  9  1787. 

Sir, 

My  last,  of  December  31st,  acknowledged  the  receipt  of  yours  of 
October  1-2,  as  the  present  does  those  of  October  3d,  9th,  and  27th, 
together  with  the  resolution  of  Congress  of  October  16,  on  the  claim 
of  Schweighauser.  I  will  proceed  in  this  business  on  the  return  of 
Mr.  Barclay,  who,  being  fully  acquainted  with  all  the  circumstances, 
will  be  enabled  to  give  me  that  information,  the  want  of  which  might 
lead  me  to  do  wrong  on  the  one  side  or  the  other. 

Information  of  the  signature  of  the  treaty  with  Morocco  has  been 
long  on  its  passage  to  you.  I  will  beg  leave  to  recur  to  dates,  that 
you  may  5:ee  that  no  part  of  it  has  been  derived  from  me.  The  first 
notice  I  had  of  it  was  in  a  letter  from  jNIr.  Barclay,  dated  Daral- 
beyda,  August  11  ih.  I  received  this  on  the  13lh  September.  No 
secure  conveyance  oflered  till  the  2Gih  of  the  same  month,  being 
thirteen  days  after  my  receipt  of  it.  In  my  letter  of  that  date, 
which  went  by  the  way  of  London,  I  had  the  honor  to  enclose  you 
a  copy  of  Mr.  Barclay's  letter.  The  conveyance  of  the  treaty  itself 
is  suffering  a  delay  here  at  present,  which  all  my  anxiety  cannot 
prev(;nt.  Colonel  Frank's  baggage  which  came  by  water  from  Cadiz 
to  Rouen,  has  been  long  and  hourly  expected.  The  moment  it 
arrivr,'.s,  he  will  set  out  for  London,  to  have  duplicates  of  tlie  treaty 
signed  by  Mr.  Adams,  and   from  thence  he  will  proceed  to  New 


DIPLOMATIC  CORRESPONDENCE.  19 

York.  The  Chevalier  del  Pinto,  who  treated  with  us  on  behalf  of 
Portugal,  being  resident  at  London,  I  have  presumed  that  the  causes 
of  the  delay  of  that  treaty  had  been  made  known  to  Mr.  Adams,* 
and  by  him  communicated  to  you.  I  will  write  to  him  by  Colonel 
Franks,  in  order  that  you  may  be  answered  on  that  subject. 

The  publication  of  the  enclosed  extract  from  my  letter  of  May 
2Tth,  1786,  will,  I  fear,  have  very  mischievous  effects.  It  will  tend 
to  draw  on  the  Count  de  Vergennes,  the  formidable  phalanx  of  the 
Farms,  to  prevent  his  committing  himself  to  me  in  any  conversation 
which  he  does  not  mean  for  the  public  papers,  to  inspire  the  same 
diffidence  into  all  other  Ministers  with  whom  I  might  have  to  transact 
business,  of  getting  aid  of  the  Farm  on  the  article  of  tobacco,  and 
to  damp  that  freedom  of  communication  which  the  resolution  of 
Congress,  jMay  3d,  1784,  was  intended  to  reestablish. 

Observing  by  the  proceedings  of  Congress,  that  they  are  about  to 
establish  a  coinage,  I  think  it  my  duty  to  inform  them  that  a  Swiss 
of  the  name  of  Drost,  established  here,  has  invented  a  method  of 
striking  the  two  faces  and  edge  of  a  coin  at  one  stroke.  By  this  and 
other  simplifications  of  the  process  of  coinage,  he  is  enabled  to  coin 
from  twenty-five  thousand  to  thirty  thousand  pieces  a  day,  with  the 
assistance  of  only  two  persons,  the  pieces  of  metal  being  first  pre- 
pared. I  send  you,  by  Colonel  Franks,  three  coins  of  gold,  silver, 
and  copper,  which  you  will  perceive  to  be  perfect  medals,  and  I  can 
assure  you,  from  having  seen  him  coin  money,  that  every  piece  is  as 
perfect  as  these.  There  has  certainly  never  yet  been  seen  any  coin 
in  any  country  comparable  to  this.  The  best  workmen  in  this  way 
acknowledge  that  his  is  like  a  new  art.  Coin  should  always  be 
made  in  the  highest  perfection  possible,  because  it  is  a  great  guard 
against  the  danger  of  false  coinage.  This  man  would  be  willing  to 
furnish  his  implements  to  Congress,  and,  if  they  please,  he  will  go 
over  and  instruct  a  person  to  carry  on  the  work ;  nor  do  I  believe  he 
would  ask  anything  unreasonable.  It  would  be  very  desirable  that 
in  the  institution  of  a  new  coinage  we  should  set  out  on  so  perfect  a 
plan  as  this,  and  the  more  so  as  while  the  work  is  so  exquisitely  done 
it  is  done  cheaper. 

I  will  certainly  do  the  best  I  can  for  the  reformation  of  the  Con- 
sular convention,  being  persuaded  that  our  States  would  be  verj- 
unwilling  to  conform  their  laws  cither  to  the  convention  or  to  the 
scheme ;  but  it  is  loo  difficult  and  too  delicate  to  form  sanguine  hopes. 


20  THOMAS  JEFFERSON— JOHN  JAY. 

However,  that  there  may  be  room  to  reduce  the  convention  as  much 
as  circumstances  will  admit,  \\  ill  it  not  be  expedient  for  Congress  to 
give  me  powers  in  which  there  shall  be  no  reference  to  the  scheme? 
The  powers  sent  me  oblige  me  to  produce  that  scheme ;  and  cer- 
tainly the  moment  it  is  produced  they  will  not  abate  a  tittle  from  it. 
If  they  recollect  the  scheme  and  insist  on  it  we  can  but  conclude  it ; 
but  if  they  have  forgotten  it,  (which  may  be,)  and  are  willing  to 
reconsider  the  whole  subject,  perhaps  we  may  get  rid  of  something 
the  more  of  it,  as  the  delay  is  not  injurious  to  us ;  because  the  con- 
vention, whenever  and  however  made,  is  to  put  us  in  a  worse  state 
than  we  are  in  now.  I  shall  venture  to  defer  saying  a  word  on  the 
subject  till  I  can  hear  from  you  in  answer  to  this.  The  full  powers 
may  be  sufficiently  guarded,  by  private  instructions  to  me  not  to  go 
beyond  the  former  scheme.  This  delay  may  be  well  enough  ascribed 
(whenever  I  shall  have  received  new  powers)  to  a  journey  I  had 
before  apprized  the  Minister  that  I  should  be  obliged  to  take  to  some 
mineral  waters  in  the  south  of  France,  to  sec  if  by  their  aid  I  may 
recover  the  use  of  my  right  hand,  of  which  a  dislocation  about  four 
months  ago  threatens  to  deprive  me  in  a  great  measure.  The 
surgeons  have  long  insisted  upon  this  measure.  I  shall  return  by 
Bordeaux,  Nantes,  and  L'Orient,  to  get  the  necessary  information 
for  finishing  our  commercial  regulations  here.  Permit  me,  however, 
to  ask  as  immediately  as  possible  an  answer  either  affirmative  or 
negative,  as  Congress  shall  think  best,  and  to  ascribe  the  delay  on 
which  I  venture  to  my  desire  to  do  what  is  for  the  best. 

I  send  you  a  copy  of  the  late  marine  regulations  of  this  country. 
There  are  things  in  it  which  may  become  interesting  to  us,  particu- 
larly what  relates  to  the  establishment  of  a  marine  militia,  and  their 
classification. 

You  will  have  seen  in  the  public  papers  that  the  King  has  called 
an  assembly  of  the  Notables  of  his  country.  This  has  not  been 
done  for  one  hundred  and  sixty  years  past.  Of  course  it  calls  up 
all  the  attention  of  the  people.  The  objects  of  this  assembly  are 
not  named  ;  several  arc  conjectured  :  the  tolerating  the  Protestant 
religion,  removing  all  the  custom-houses  to  the  frontier,  equalizing 
the  (InbcUcs  on  salt  through  th(j  kingdom,  the  sale  of  the  King's 
domains  to  raise  money  ;  or,  finally,  the  (-(recting  this  necessary  end 
by  some  other  means  are  talked  of;  but  in  truth  nothing  is  known 
about  it.     This  Government  practises  secrecy  so  systematically  that 


DIPLOMATIC  CORRESPONDENCE.  gl 

it  never  publishes  its  purposes  or  its  proceedings  sooner  or  more 
extensive  than  necessary.  I  send  you  a  pamphlet  which,  giving  an 
account  of  the  last  Assemblcc  des  Notables,  may  give  an  idea  of 
what  the  present  will  be. 

A  great  desire  prevails  here  of  encouraging  manufactures.  The 
famous  Bolton  and  Watts,  who  arc  at  the  head  of  the  plated  manu- 
factures of  Birmingliam,  the  steam  mills  of  London,  copying  presses, 
and  other  mechanical  works,  have  been  here.  It  is  said,  also,  that 
Wedgwood  has  been  here,  who  is  famous  for  his  steel  manufactures, 
and  an  earthern  ware  in  the  antique  style.  But  as  to  this  last  person 
I  am  not  certain.  It  cannot,  I  believe,  be  doubted  but  that  they 
came  at  the  request  of  Government,  and  that  they  will  be  induced 
to  establish  similar  manufactories  here.  The  transferring  hither 
those  manufactures  which  contribute  so  much  to  draw  our  com- 
merce to  England,  will  have  a  great  tendency  to  strengthen  our 
connexions  with  this  country,  and  loosen  them  with  that. 

The  enfranchising  the  port  of  Honfleur  at  the  mouth  of  the  Seine, 
for  multiplying  the  connexions  with  us,  is  at  present  an  object.  It 
meets  with  opposition  in  the  Ministry,  but  I  am  in  hopes  it  will 
prevail.  If  natural  causes  operate,  uninfluenced  by  accidental  cir- 
cumstances, Bordeaux  and  Honfleur  or  Havre  must  ultimately  take 
the  greatest  part  of  our  commerce.  The  former,  by  the  Garonne 
and  Canal  of  Languedoc,  opens  the  southern  provinces  to  us.  The 
latter,  the  northern  ones  and  Paris.  Honfleur  will  be  peculiarly 
advantageous  for  our  rice  and  whale  oil,  of  which  the  principal 
consumption  is  at  Paris.  Being  free,  they  can  be  reexported  w  hen 
the  market  here  shall  happen  to  be  overstocked. 

The  labors  of  the  ensuing  summer  will  close  the  eastern  half  of 
the  harbor  of  Cherbourg,  which  will  contain  and  protect  forty  sail  of 
the  line.  It  has  from  fifty  to  thirty-five  feet  w^ater  next  to  the  cones, 
shallowing  gradually  to  the  shore.  Between  this  and  Dunkirk  the 
navigation  of  the  channel  will  be  rendered  much  safer  in  the  event 
of  a  war  with  England,  and  invasions  on  that  country  become  more 
practicable. 

The  gazettes  of  France  and  Leyden  to  the  present  date  accompany 
this. 

1  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


22  THOMAS  JEFFERSON-JOIIN  JAY. 

Office  for  Foreign  Affairs,  May  10,  1787. 

The  Secretar}-  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  that  part  of  jNIr.  Jefferson's  letter  of 
the  9th  January  last,  which  relates  to  the  Consular  Convention, 
viz: 

"  I  will  certainly  do  the  best  I  can  for  the  reformation  of  the 
'  Consular  convention,  being  persuaded  that  our  States  would  be  very 
'  unwilling  to  conform  their  laws  either  to  the  convention  or  to  the 
'  scheme,  but  it  is  too  difficult  and  too  delicate  to  form  sanguine  • 
<  hopes;  however,  that  there  may  be  room  to  reduce  the  convention, 
'  as  much  as  circumstances  will  admit,  will  it  not  be  expedient  for 
'  Congress  to  give  me  powers,  in  which  there  shall  be  no  reference 
'  to  the  scheme  ?  The  powers  sent  me  oblige  me  to  produce  that 
'  scheme,  and  certainly  the  moment  it  is  produced,  they  will  not 
^  abate  a  tittle  from  it.  If  they  recollect  the  scheme,  and  insist  on  it, 
'  we  can  but  conclude  it ;  but  if  they  have  forgotten  it,  (which  may 
'  be.)  and  are  willing  to  reconsider  the  whole  subject,  perhaps  we 
'  may  get  rid  of  something  the  more  of  it.  As  the  delay  is  not 
'  injurious  to  us,  because  the  convention,  whenever  and  however 
'  made,  is  to  put  us  in  a  worse  state  than  we  are  in  now,  I  shall 
'  venture  to  defer  saying  a  word  on  the  subject  till  I  can  hear  from 
'you  in  answer  to  this.  The  full  powers  may  be  sufficiently  guarded 
'  by  private  instructions  to  me  not  to  go  beyond  the  former  scheme. 
'  This  delay  may  be  well  enough  ascribed  (whenever  I  shall  have 
'received  new  powers)  to  a  journey  I  had  before  apprized  the 
'  Minister  that  I  should  be  oblig(;{i  to  take  to  some  mineral  waters  in 
'  the  south  of  France  to  see  if  by  their  aid  I  may  recover  the  use  of 
'my  right  hand,  of  N\hich  a  dislocation  about  four  months  ago 
'  threatens  to  deprive  me  in  a  great  measure.  Tlie  surgeons  have 
'  long  insisted  on  this  measure.  I  shall  return  by  Bordeaux,  Nantes, 
'  and  L'Orient  to  get  the  necessary  information  for  finishing  our 
'  commercial  regulations  here.  Permit  me,  however,  to  ask  as 
'  immediately  as  possible  an  answer  eith(,'r  affirmative  or  negative,  as 
'  Congress  shall  think  best,  and  to  ascribe  tlie  delay  on  which  I 
'  venture  to  my  desire  to  do  what  is  for  the  best."     Ileports : 

That  in  his  opinion  the  Court  of  Franre  regard  tlie  Consular 
convention  in  its  present  form  as  an  interesting  objert,  and  tlial  no 
article  or  provision   in   it  will   escape  their  recollection.     He  never- 


DIPLOMATIC  CORRESPONDENCE.  23 

theless  thinks  that  the  poHcy  of  yielding  to  such  circumstances  as 
cannot  without  risk  and  hazard  be  neglected  or  controlled,  will 
induce  them  at  least  to  consent  to  the  proposed  article  for  limiting 
the  duration  of  the  convention. 

As  he  perceives  no  inconvenience  likely  to  result  from  giving  Mr. 
Jefferson  a  commission  authorizing  him  in  general  terms  to  negotiate 
and  conclude  a  convention  with  his  most  Christian  Majesty,  for 
ascertaining  the  authority  and  powers  of  French  and  American 
Consuls,  your  Sccretaiy  thinks  it  will  be  advisable  to  send  him  such 
a  commission,  that  he  may  thereby  have  an  opportunity  of  endeavor- 
ing to  realize  the  advantages  he  expects  from  it,  and  which  under  a 
new  administration  (perhaps  not  well  advised  of  what  has  passed) 
may  be  attainable. 

In  the  opinion  of  your  Secretary,  it  will  therefore  be  expedient  to 
send  ]Mr.  Jefferson  a  commission  of  the  following  tenor,  viz : 

We,  the  United  States  of  America  in  Congress  assembled  at  the 
City  of  New  York,  to  our  well  beloved  Thomas  Jefierson,  Esq.,  our 
Minister  Plenipotentiary  at  the  Court  of  his  most  Christian  Majesty, 
Sec,  &:c.,  send  greeting.  Being  desirous  to  promote  and  facilitate 
the  commerce  between  our  States  and  the  dominions  of  his  said 
Majesty,  and  for  that  purpose  to  conclude  with  him  a  convention  for 
regulating  the  powers,  privileges,  and  duties  of  our  respective  Con- 
suls, Vice  Consuls,  Agents,  and  Commissaries,  and  having  full 
confidence  in  your  abilities  and  integrity,  we  do  by  these  presents 
authorize  and  empower  you  the  said  Thomas  Jefferson,  in  our  name 
and  behalf,  to  treat  with  any  person  having  equal  powers  from  his 
most  Christian  Majesty  of  and  concerning  such  convention,  and  the 
same  in  our  name  and  behalf  to  conclude,  sign,  and  seal.  And  we 
do  promise  to  ratify  and  confirm  whatever  convention  shall  in  virtue 
of  this  commission  be  by  you  so  concluded,  provided  the  duration  of 
the  same  be  limited  to  any  term  not  exceeding years. 

Witness  our  seal  and  the  signature  of  his  Excellency  Arthur  St. 
Clair,  our  President,  this  day  of  ,  in  the  year  of 

our  Lord  one  thousand  seven  hundred  and  eighty-seven,  and 
the  eleventh  of  our  independence. 

Your  Secretary  thinks  it  w  ould  be  proper  to  write  the  two  follow- 
ing letters  to  Mr.  Jefferson,  the  first  of  which  he  might  communicate 
to  the  Court : 


24  THOMAS  JEFFERSON-JOHN  JAY. 

Sir,* 

Congress  being  desirous  that  the  commerce  between  the  United 
States  and  France  may  be  promoted  by  every  reciprocal  regulation 
conducive  to  that  end,  wish  that  no  time  may  be  lost  in  ascertaining 
the  privileges,  powers,  and  duties  of  their  respective  Consuls,  Vice 
Consuls,  and  commercial  agents  and  commissaries. 

They  regret  the  circumstance  which  calls  you  to  the  south  of 
France,  but  are  perfectly  satisfied  that  you  should  make  that  or  any 
other  journey  which  your  health  may  require.  It  is  their  wish  and 
instruction  that,  on  your  return  to  the  Court,  your  attention  may  be 
immediately  directed  to  the  abovementioned  subject.  Considering 
that  conventions  of  this  nature,  however  apparently  useful  in  theory, 
may,  from  some  defects  or  unforeseen  circumstances,  be  attended 
with  inconveniences  in  practice,  they  think  it  best  that  they  should 
be  probationary,  at  least  in  the  first  instance,  and,  therefore,  that  the 
term  to  be  assigned  for  the  duration  of  the  one  in  question  should 
not  exceed  years.     They  also  think  it  advisable,  in  order  to 

obviate  any  difllculties  that  might  arise  from  your  not  having  been 
more  formally  authorized  to  complete  this  business,  to  give  you  an 
express  and  special  commission  for  the  purpose,  which  I  have  now 
the  honor  to  enclose. 

Sir, 

You  will  herewith  receive  another  letter  from  me  of  this  date, 
together  with  the  commission  mentioned  in  it.  Both  of  them  are  in 
pursuance  of  the  ideas  suggested  in  your  letter  of  the  9th  January 
last.  If  the  whole  subject  should  be  reconsidered  and  a  new  con- 
vention formed,  it  is  the  pleasure  of  Congress  that  the  duties,  powers, 
and  privileges  of  Consuls,  Vice  Consuls,  Agents,  and  Commissaries 
be  accurately  d'jlineated,  and  that  they  be  as  much  circumscribed 
and  limited  as  the  proper  objects  of  their  appointments  will  admit, 
and  the  Court  of  F^ ranee  consent  to.  I  low  far  it  may  be  in  your 
power  to  obtain  a  convention  perfectly  unexceptionable  must  depend 
on  several  circumstances  not  yet  decided. 

Congress  confide  fully  in  your  talents  and  discretion,  and  they 
will  ratify  any  conveiuiun  that  is  not  liable)  to  more  objections  than 


'TliiH  uiid  ih(;  fullowiog  lcU<  r  were  furwurdcd  to  Mr.  JtOcrson,  and  dated  July 
27,  17b7. 


DIPLOMATIC  CORRESPONDENCE.  25 

the  one  already  in   part  concluded,  provided  an  article  limiting  its 
duration  to  a  term  not  exceeding  twelve  years  be  inserted. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  THOMAS  JEFFERSON  TO  JOHN  ADAMS. 

Paris,  January  II,  1787. 

Sir, 

Mr.  Jay,  in  his  last  letter  to  me,  observes  they  hear  nothing  further 
of  the  treaty  with  Portugal.  1  have  taken  the  liberty  of  telling  him 
that  I  will  write  to  you  on  the  subject,  and  that  he  may  expect  to 
hear  from  you  on  it  by  the  present  conveyance.  The  Chevalier  del 
Pinto  being  at  London,  I  presume  he  has,  or  can,  inform  you  why 
it  is  delayed  on  their  part.  I  will  thank  you,  also,  for  the  information 
he  shall  give  you. 

There  is  here  an  order  of  priests  called  the  Mathurins,  the  object 
of  whose  institution  is  the  begging  of  alms  for  the  redemption  of 
captives.  About  eighteen  months  ago  they  redeemed  three  hundred, 
which  cost  them  about  fifteen  hundred  livres  apiece.  They  have 
agents  residing  in  the  Barbary  States,  who  are  constantly  employed 
in  searching  and  contracting  for  the  captives  of  their  nation,  and 
they  redeem  at  a  lower  price  than  any  other  people  can.  It  occurred 
to  me  that  their  agency  might  be  engaged  for  our  prisoners  at  Algiers. 
I  have  had  interviews  with  them,  and  the  last  night  a  long  one  with 
the  General  of  the  order.  They  offer  their  services  with  all  the 
benignity  and  cordiality  possible.  The  General  told  me  he  could 
not  ex])ect  to  redeem  our  prisoners  as  cheap  as  their  own,  but  that 
he  would  use  all  the  means  in  his  power  to  do  it  on  the  best  terms 
possible,  which  will  be  the  better,  as  there  will  be  the  less  suspicion 
that  he  acts  for  our  public.  I  told  him  I  would  write  to  you  on  the 
subject,  and  speak  to  him  again.  What  do  you  think  of  employing 
them,  limiting  them  to  a  certain  price,  as  three  hundred  dollars,  for 
instance,  or  any  other  sum  you  think  proper  ?  He  will  write  imme- 
diately to  his  instruments  there,  and  in  two  or  three  months  we  can 
know  the  event.  He  will  deliver  them  at  IMarseillcs,  Cadiz,  or 
where  we  please,  at  our  expense.  The  money  remaining  of  the 
fund  destined  to  the  Barbary  business  may,  I  suppose,  be  drawn  on 


26  THOMAS  JEFFERSON— JOHN  JAY. 

for  this  object.  Write  me  your  opinion,  if  you  please,  on  this  subject, 
finally,  fully,  and  immediately,  that,  if  you  approve  the  proposition, 
I  may  enter  into  arrangements  with  the  General  before  my  departure 
to  the  waters  of  Aix,  which  will  be  about  the  beginning  of  February. 
I  have  the  honor  to  be,  Sic, 

TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  February  1,  1787. 
Sir, 

My  last  letters  were  of  the  31st  December  and  9th  of  January. 
Since  which  last  date  I  have  been  honored  with  yours  of  December 
the  13th  and  14th.  I  shall  pay  immediate  attention  to  your  instruc- 
tions relative  to  the  South  Carolina  frigate.  I  had  the  honor  of 
informing  you  of  an  improvement  in  the  art  of  coining  made  here  by 
one  Drost,  and  of  sending  you,  by  Colonel  Franks,  a  specimen  of 
his  execution  in  gold  and  silver.  I  expected  to  have  sent  also  a  coin 
of  copper.  The  enclosed  note  from  Drost  will  explain  the  reason 
why  this  was  not  sent.  It  will  let  you  see,  also,  that  he  may  be 
employed,  as  I  suppose  he  is  not  so  certain  as  he  was  of  being 
engaged  here.  Mr.  Grand,  who  knows  him,  gives  me  reason  to 
believe  he  may  be  engaged  reasonably.  Congress  will  decide  whether 
it  be  worili  their  attention. 

In  some  of  my  former  letters,  I  suggested  an  opportunity  of 
obliging  this  Court  by  borrowing  as  much  money  in  Holland  as 
would  pay  the  debt  due  here,  if  such  a  loan  could  be  obtained,  as  to 
which  I  was  altogether  ignorant.  To  save  lime  I  wrote  to  Mr. 
Dumas  to  know  whether  he  thought  it  probable  a  loan  could  be 
obtained,  enjoining  him  the  strictest  secrecy,  and  informing  him  I 
was  making  the  inquiry  merely  of  my  own  motion,  and  without 
instruction.  I  enclose  you  his  answer,  lie  thinks  purchasers  of 
the  debt  could  be  found  with  a  sarrifice  of  a  small  part  of  the 
capital,  and  a  postponement  be  obtained  of  some  of  the  fust  reim- 
burs(!ments.  The  proposition  for  an  immediati^  a(lo|)tion  of  this 
measure  by  me  was  probably  urged  on  his  mind  by  a  desin;  to  serve 
our  f;oMntry,  more  than  a  strict  alleniion  lo  iii\  duly  :iii(l  llie  magni- 
tude  of  the  objr-et.      I   hope,  on   the  contrary,  that   if  il  should   be 


DIPLOMATIC  CORRESPONDENCE.  27 

ihouglit  worth  a  trial,  it  may  be  put  into  the  hands  of  INIr.  Adams, 
who  knows  the  ground,  and  is  known  there,  and  whose  former 
successful  negotiations  in  this  line  would  give  better  founded  hopes 
of  success  on  this  occasion. 

I  formerly  mentioned  to  you  the  hopes  of  preferment  entertained 
by  the  Chevalier  de  la  Luzerne.  They  have  been  baffled  by  events, 
none  of  the  vacancies  taking  place  which  had  been  expected.  Had 
I  pressed  his  being  ordered  back,  I  have  reason  to  believe  the  order 
would  have  been  given ;  but  he  would  have  gone  back  in  ill  humor 
with  Congress.  He  would  have  laid  forever  at  their  door  the  failure 
of  promotion  then  viewed  as  certain,  and  this  might  have  excited 
dispositions  that  would  have  disappointed  us  of  the  good  we  hoped 
from  his  return.  The  line  I  have  observed  with  him  has  been  to 
make  him  sensible  that  nothing  more  was  desired  by  Congress  than 
his  return  ;  but  that  they  would  not  willingly  press  it,  so  as  to  defeat 
him  of  a  personal  advantage.  He  sees  his  prospects  fail,  and  will 
return  in  the  approaching  spring  unless  something  unexpected  should 
turn  up  in  his  favor.  In  this  case  the  Count  de  ^Moustier  has  the 
promise  of  succeeding  to  him ;  and  if  I  do  not  mistake  his  character, 
he  would  give  great  satisfaction.  So  that  I  think  you  may  count  on 
seeing  the  one  or  the  other  by  midsummer. 

It  had  been  suspected  that  France  and  England  might  adopt  those 
concerted  regulations  of  commerce  for  their  West  Indies,  of  which 
your  letter  expresses  some  apprehensions,  but  the  expressions  on  the 
4,  5,  7,  11,  18,  and  other  articles  of  their  treaty,  which  communicate 
to  the  English  the  privileges  of  the  most  favored  European  nation 
only,  has  lessened,  if  not  removed,  those  fears.  They  have  clearly 
reserved  a  right  of  favoring,  specially,  any  nation  not  European  ;  and 
there  is  no  nation  out  of  Europe,  who  could  so  probably  have  been 
in  their  eye  at  that  time  as  ours.  They  are  wise.  They  must  see 
it  probable,  at  least,  that  any  concert  with  England  will  be  but  of 
short  duration  ;  and  they  could  hardly  propose  to  sacrifice  for  that  a 
connexion  with  us  which  may  be  perpetual. 

We  have  been  for  some  days  in  much  inquietude  for  the  Count  de 
Vergennes.  He  is  very  seriously  ill.  Nature  seems  struggling  to 
decide  his  disease  into  gout.  A  swelled  foot  at  present  gives  us  a 
hope  of  this  issue.  His  loss  would  at  all  times  have  been  very  great, 
but  it  would  be  immense  during  the  critical  poise  of  European  affairs 
existing  at  this  moment.     I  enclose  you  a  letter  from  one  of  the 


28  THOMAS  JEFFERSON-JOIIN  JAY. 

foreign  officers,  complaining  of  the  non-payment  of  their  interest. 
It  is  only  one  out  of  many  I  have  received.  This  is  accompanied 
by  a  second  copy  of  the  Moorish  declaration  sent  me  by  Mr. 
Barclay.  He  went  to  Alicant  to  settle  with  Mr.  Lamb,  but  on  his 
arrival  there  found  he  was  gone  to  Minorca.  A  copy  of  this  letter 
will  inform  you  of  this  circumstance,  and  of  some  others  relative  to 
Algiers,  with  his  opinion  on  them.  Whatever  the  States  may  enable 
Congress  to  do  for  obtaining  the  peace  of  that  country,  it  is  a  separate 
question,  whether  they  will  redeem  our  captives,  how,  and  at  what 
price?  If  they  decide  to  redeem  them,  I  will  beg  leave  to  observe 
that  it  is  of  great  importance  that  the  first  redemption  be  made  at  as 
low  a  price  as  possible,  because  it  will  form  the  future  tariff.  If 
these  pirates  find  that  they  can  have  a  very  great  price  for  Americans, 
they  will  abandon,  proportionably,  their  pursuits  against  other  nations 
to  direct  them  towards  ours ;  that  the  choice  of  Congress  may  be 
enlarged  as  to  the  instruments  they  may  use  for  effecting  the 
redemption.  I  think  it  my  duty  to  inform  them  that  there  is  here 
an  order  of  priests  called  the  JNIathurins,  the  object  of  whose  institu- 
tion is  to  beg  alms  for  the  redemption  of  captives.  They  keep 
members  al\\ays  in  Barbary  searching  out  the  captives  of  their  own 
country,  and  redeem,  I  believe,  on  better  terms  than  any  other  body, 
public  or  private.  It  occurred  to  me  that  their  agency  might  be 
obtained  for  the  redemption  of  our  prisoners  at  Algiers.  I  obtained 
conferences  with  the  General,  and  with  some  members  of  the  order. 
The  General,  with  all  the  benevolence  and  cordiality  possible, 
undertook  to  act  for  us  if  we  should  desire  it.  He  told  me  that  their 
last  considerable  redemption  was  of  about  three  hundred  prisoners, 
who  cost  them  somewhat  upwards  of  fifteen  hundred  livres  a  pieccj 
but  that  llicy  should  not  be  able  to  redeem  ours  as  cheap  as  they 
do  their  own  ;  and  that  it  must  be  absolutely  unknown  that  the 
publie  eoneern  themselves  in  the  operation,  or  the  ])ri(M>  would  be 
greatly  enliaiieed.  Tlie  difference  nf  religion  was  not  once  men- 
tioned, nor  did  it  a|)pear  to  me  to  be  thongiit  of.  it  was  a  silent 
reclamation  and  acknowledgment  of  fraternity  between  two  religions 
of  the  same  family,  which  historical  cv(;nts  of  ancient  date  had 
rendf;red  more  hf)stile  to  one  another  than  to  their  roiimion  adversa- 
ries. I  inform(;d  the  (leneral  that  I  should  connnunicate  the  good 
dispositions  of  his  order  to  those  who  alone  had  the  authority  to 
decide  whatever  nlated   to  our  captives.     Mr.  Cannicliael   informs 


DIPLOMATIC  CORRESPONDENCE.  29 

me  that  moneys  have  been  advanced  for  the  support  of  our  prisoners 
at  Algiers,  which  ought  to  be  replaced.  I  infer  from  the  context  of 
his  letter  that  these  advances  had  been  made  by  the  Court  of  Madrid. 
I  submit  the  information  to  Congress. 

A  treaty  of  commerce  is  certainly  concluded  between  France  and 
Russia.     The  particulars  of  it  are  yet  secret. 

I  enclose  the  gazettes  of  France  and  Lcyden  to  this  date. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


FROM    MR.    DROST. 

Sir, 

I  have  the  honor  to  inform  you  that  I  cannot  make  the  gold  piece 
you  require  of  me,  as  I  am  not  allowed  to  do  it  without  running  the 
risk  of  displeasing  the  Government,  having  received  orders  to  that 
effect.  Will  you  have  the  goodness  to  inform  Mr.  Jefferson  that,  in 
consequence  of  this,  he  cannot  have  the  pieces  which  he  has  asked 
of  me,  as  it  is  not  in  my  power  to  make  them  at  present,  nor  before 
1  receive  new  orders. 

I  have  not  yet  had  time  to  begin  the  memorandum  which  you 
have  had  the  goodness  to  require  of  me  relative  to  the  coining  of 
money.  I  am  more  than  ever  determined  to  accept  the  offers  which 
may  suit  me,  and  even  to  go  to  a  foreign  country.  Thus,  sir,  if 
Congress  will  allow  me  a  reasonable  salary,  I  will  establish  for 
them  all  the  necessary  machinery  for  coining  the  finest  money  that 
has,  perhaps,  ever  existed,  and  besides  with  less  expenses.  I  think 
that  it  will  be  sufficient  to  make  an  estimate  in  this  memorandum  of 
the  cost  of  those  machineries  which  might  be  established  ;  that  is  to 
say,  to  have  made  here  to  be  sent  afterwards  to  America.  As  to  the 
coinage  of  specie,  it  is  more  difficult  to  fix  an  exact  price ;  all  I  can 
say  is,  that  they  can  be  done  at  a  less  price  than  they  cost  here, 
whatever  it  may  be.  I  shall  willingly  take  charge  of  the  machines, 
of  the  coins,  and  the  engraving  of  them,  according  to  a  price  agreed 
upon  ;  and  as  to  the  mixing  of  metals,  of  gold  and  silver,  I  should 
not  like  to  meddle  with  it.  Besides  I  shall  have  suflicient  employ- 
ment in  constructing  the  machines,  in  flattening,  cutting,  fitting  the 
pieces,  and  stamping  them.     I  shall  make  it  my  business  to  collect 


30  THOMAS  JEFFERSON-JOHN  JAY. 

all  the  necessary  information  for  the  memorandum ;  and  I  shall  have 
the  honor  to  give  it  to  you  as  soon  as  it  is  done,  and  also  to  confer 
with  you  on  the  subject. 

I  am,  with  great  respect,  sir,  Sec,  DROST. 


FROM    CHEVALIER   DE    SIGOND    TO   THOMAS    JEFFERSON. 

Translation. 

Bausscr,  in  Provence,  January  17,  1787. 

Sir, 

A  friend  who  is  requested  by  me  to  receive  the  interest  due  on 
some  contracts  of  which  I  am  the  owner,  informs  me  that  M.  Grand 
has  not  received  any  funds  for  that  object.  He  is  now  two  years  in 
arrears. 

Shall  it  be  so  much  longer,  and  must  we  forever  apply  to  our 
friends  for  the  purpose  of  fulfilling  our  engagements,  when  we  cannot 
do  it  ourselves? 

After  we  have  exposed  our  lives  for  the  service  of  your  States, 
and  after  we  have  cooperated  in  the  great  work  of  your  independ- 
ence, is  it  not  natural  that  we  would  depend  on  an  income  so  well 
acquired  ?  When,  during  a  very  long  war,  we  have  deprived  our- 
selves of  all  enjoyments,  and  when  we  could  not  even  procure 
ourselves  the  absolute  necessaries  of  life,  except  at  our  own  expense, 
is  it  not  horrible  that  the  States  should  be  so  long  in  liquidating  a 
debt  which  they  have  authentically  acknowledged  as  well  acquired — 
that  iliey  do  not  pay  even  the  interest  ? 

INot  thinking,  sir,  of  such  a  want  of  good  faith,  I  made,  on  my 
way  to  Paris,  a  loan  of  oigjiteen  liundrc'd  francs,  which  I  am  pressed  to 
reimburse,  and  on  which  I  liave  paid  ili<'  interest  since  the  year '85. 

Having  always  made  it  a  j)oint  of  satisfying  my  friends  with 
exactness,  I  beg  you  to  inform  me  whether  you  can  give  an  order  to 
M.  Grand  to  pay  inc  that  sum  ?  or  whether  you  would  rather  accept 
a  bill  f)f  exchange;  drawn  on  you  for  the  amount,  than  to  give  me 
credit  fur  tiie  interest  which  is  due  me? 

The  justice  of  my  demand  is  too  apparent  to  allow  you  to  refuse 
granting  me  one  of  the  two  means  which  I  jioint  out  to  you  in  order 


DIPLOMATIC  CORRESPONDENCE.  31 

that  I  may  meet  my  engagements,  and  tliat  I  may  be  rolicvcd  from 
the  embarrassment  in  which  I  am  placed  by  the  want  of  good  faith 
in  the  States  which  you  represent. 
I  have  the  honor  to  be,  k,c., 

LE  CHEV.  DE  SIGOND. 


FROM    C.  W.  F.  DUMAS    TO    TIlOxMAS    JEFFERSON. 

Translation. 

The  Hague,  January  23,  1787. 
Sir, 

Having  just  returned  from  Amsterdam,  I  hasten  to  answer  the 
confidentinl  question  put  to  me  by  yoiir  Excellency,  in  your  letter  of 
25th  December  last — Whether  a  loan  could  be  negotiated  in  Holland 
for  the  purpose  of  reimbursing  the  twenty-four  millions  of  livres 
Tournois  due  to  France  1 

I  have  consulted  in  that  place  some  intimate  friends  on  whom  I 
can  depend  as  to  their  discretion,  which  shall  be  scrupulously 
observed,  as  well  as  their  capacity,  honesty,  and  perfect  sufficiency 
for  the  execution  of  such  an  undertaking.  This  is  the  result  of  our 
conversation,  taken  down  in  writing,  at  Amsterdam,  on  the  20th  and 
21st  instant,  although  it  is  transcribed  and  dated  as  above. 

In  regard  to  the  credit  of  Congress,  it  is  certain  that  it  will  establish 
itself  by  degrees,  on  a  solid  footing.  What  greatly  contributes  to 
this  is  the  regular  payment  of  the  interest  at  the  exact  time  it  Aills 
due,  and  especially  the  payment,  in  money,  of  the  advances  on  the 
negotiation  of  two  millions  of  florins,  which  Congress  had  at  its 
option  to  make  in  new  bonds.  It  is  even  believed  that  the  credit 
would  have  reached  to  a  point  that  encouragements  might  be  given, 
with  all  assurances  for  further  negotiations,  if  the  English  newspapers 
would  cease  to  give  accounts  of  the  situation  of  affairs  in  America, 
well  calculated  to  frighten  the  stockjobbers,  and  which  are  eagerlv 
published  by  certain  editors  in  their  papers.  Those  last  persons 
belong  to  the  faction  of  those  who,  by  thwarting  the  eflbrts  made  in 
order  to  restore  civil  liberty  to  this  country,  imagine  themselves  that 
the  continual  reproduction  of  forms  representing  popular  insurrections 
and  commotions,  (which,  according  to  them,  take  place  in  America.) 
must  disgust  the   minds  of  the   people  of  the  idea  of  adopting  a 


32  THOMAS  JEFFERSON— JOHN  JAY. 

constitution,  in  which  they  would  have  an  influence  on  the  Govern- 
ment. Ahhough  there  is  no  fear  that  those  mischievous  people  will 
obtain  their  object,  it  is  no  less  a  pity  that  their  artifices  will  make 
an  impression  on  a  number  of  ignorant  persons,  by  making  them 
think  that,  considering  such  troubles,  such  confusion  and  such 
weakness  in  the  Government  in  America,  it  is  not  prudent  to  grant  a 
large  credit  to  that  Government.  It  is  possible  to  bring  back  those 
who  are  better  informed  to  sounder  ideas,  but  not  the  stockjobbers, 
who  are  more  easily  influenced  by  prejudice  than  by  reason. 

It  is,  then,  impossible  to  assert  positively  that  a  new  negotiation 
could  be  effected,  or  to  determine  what  might  be  the  sum  and  the 
conditions  of  it.  What  adds  to  this  uncertainty,  and  gives  reason  to 
fear  that  at  any  rate  this  condition  would  be  very  hard,  is,  that  it  is 
known  here  that  the  internal  debt  of  Congress  in  America  can  be 
bought  at  such  a  price,  that  the  purchasers  will  find  more  profit  than 
is  granted  to  them  here,  while  the  security  of  this  internal  debt  is  as 
good  as  the  external  one. 

What,  then,  in  my  opinion,  is  best  to  be  done,  is  to  assume  here 
the  pretensions  of  France  to  the  conditions  which  might  be  stipulated, 
accompanied  by  a  small  sacrifice  on  the  part  of  that  kingdom,  with 
liberty  to  negotiate  funds  here  for  a  limited  number  of  years  upon 
the  credit  of  Congress,  and  under  the  guarantee  of  France.  This 
last  condition,  in  which  there  is  nothing  but  what  would  be  honorable 
for  Congress,  would  have  an  influence  on  the  interest,  which,  in  this 
case,  could  be  obtained  at  a  loivcr  rate.  Otherwise  it  could  not  be 
done  in  the  present  circumstances,  on  account  of  what  has  been 
mentioned  above ;  and  thus  the  time  of  payment,  which  will  soon 
expire,  might  in  that  way  be  postponed,  which,  as  it  appears  to  me, 
will  be  very  agreeable  to  Congress. 

It  is  also  believed  that  the  sacrifice  that  France  would  make  by 
this  could  not  be  any  impediment  in  the  way  of  doing  it ;  as  by  this 
operation  it  could  not  fail  of  pouring  in  her  treasury  a  considerable 
sum,  which  slie  would  not  be  obliged  to  refund,  and  which  would 
not  become  at  the  charge  of  llie  kingtloin.  'J'hereft)re  it  is  not 
expected  tiiat  France;  will  make  the  least  difliculty  to  grant  that 
guarantee,  as  that  Court  knows  exactly  the  situation  of  American 
affairs,  and  that  it  is  for  iis  interest  to  maintain  ibciii. 

If  there  is  any  inclination  to  adopt  this  |)l:m,  my  friends  will 
willingly  begin  to  speak  on  that  subject,  and  will  examine,  then,  the 


DIPLOMATIC  CORRESPONDENCE.  33 

degree  of  possibility  there  is  to  obtain  the  whole  sum  in  a  limited 
time,  which  is  a  point  on  which  nothing  can  be  done  in  order  to 
determine  it,  except  by  making  overtures  and  treating  on  that  subject 
with  other  people.  They  think  that,  should  the  conditions  be 
accepted,  from  three  to  four  millions  Dutch  florins  (from  six  to  eight 
millions  of  livres  Tournois,  or  from  twelv^e  to  sixteen  hundred  thou- 
sand dollars)  could  promptly  be  found. 

P.  S.  We  had  before  this,  and  under  the  seal  of  secrecy,  a  con- 
versation on  that  subject,  with  one  of  the  most  skilful  men  in  this 
matter.  He  has  absolutely  confirmed  our  opinions ;  adding  only,  if 
anything  should  be  determined  upon  promptly,  that  the  sacrifice  in 
question  would  be  very  small,  and  even  that  it  could  be  lessened  by 
a  diminution  of  the  interest.  The  reason  of  this  is  the  present 
abundance  of  money ;  but  as  there  may  be  a  change  in  a  short  time, 
it  is  necessary  to  decide  upon  this  as  soon  as  possible. 

Whilst  reflecting  upon  all  this  on  my  journey,  it  has  appeared  to 
me  that  your  Excellency  and  the  IMafquis  de  la  Fayette  could  (as 
the  only  point  in  question  is  the  purchasing  the  debt  due  to  France) 
render  a  great  service  to  France  as  well  as  to  the  United  States  by 
assisting  and  favoring  this  sale,  in  such  a  way  as  to  reserve  to  Con- 
gress the  option  postponing  for  a  few  years  the  payment,  without  it 
being  necessary  that  a  time  so  valuable,  and  perhaps  irrecoverable, 
should  be  lost,  in  order  to  consult  Congress  beforehand ;  as,  in  this 
manner,  France  being  at  liberty  of  selling  or  of  endorsing  the  debt, 
for  the  purpose  of  filling  its  treasury,  and  Congress  being  likewise 
at  liberty  of  profiting  of  the  option,  no  injury  whatever  could  be 
done  to  any  one,  the  good  opportunity  would  be  improved,  and 
every  body  would  be  assisted,  as  the  option  would  be  equal  to  the 
sum  borrowed,  and  would  even  be  more  advantageous.  If  your 
Excellency  approve  my  opinion,  and  will  give  me  orders,  after  having 
conferred  and  agreed,  if  not  ofllcially.  at  least  personally,  with  the 
French  IMinisters,  I  shall  go  immediately  to  Amsterdam  for  the 
purpose  of  executing  them,  and  I  shall  inform  you  of  the  name  of 
the  house  which  has  been  consulted,  against  which  I  know  already 
that  neither  the  said  Ministers  nor  your  Excellency  will  have  any 
objection. 

1  am,  with  great  respect,  he,  C.  W.  F.  DUMAS. 

Vol.  II.— 3 


34  THOMAS  JEFFERSON— JOHN  JAY. 

Grace  to  the  only  God. 

I,  the  underwritten,  the  servant  of  God,  Taher  Ben  Abdelkack 
Fennish,  do  certify  that  his  Imperial  Majesty,  my  master,  (whom 
God  preserve,)  having  concluded  a  treaty  of  peace  and  commerce 
with  the  United  States  of  America,  has  ordered  me,  the  better  to 
complete  it,  and  in  addition  of  the  tenth  article  of  said  treaty,  to 
declare  '•  That  if  any  vessel  belonging  to  the  United  States  shall  be 
'  in  any  of  the  ports  of  his  Majesty's  dominions,  or  within  gun-shot 
<  of  his  forts,  she  shall  be  protected  as  much  as  possible ;  and  no 
'  vessel  whatever,  belonging  to  Moorish  or  Christian  Powers,  with 
'  whom  the  United  States  may  be  at  war,  shall  be  permitted  to  follow 
'  or  engage  her,  as  we  now  deem  the  citizens  of  America  our  good 
'  friends." 

And,  in  obedience  to  his  Majesty's  commands,  I  certify  this  decla- 
ration by  putting  my  hand  and  seal  to  it,  on  the  eighteenth  day  of 
Ramadan,  in  tiie  year  one  thousand  two  hundred. 

The  servant  of  the  King,  my  master,  (whom  God  preserve,) 

TAHER  BEN  ABDELKACK  FENNISH. 

I  certify  the  above  to  be  the  translation  made  by  Isaac  Cardoza 
Nunez,  interpreter  at  the  Court  of  Morocco,  of  the  annexed  decla- 
ration, in  Arabic,  made  by  Taher  Fennish  by  order  of  the  Emperor 
of  Morocco,  in  addition  and  explanation  of  the  tenth  article  of  the 
treaty  between  his  Majesty  and  the  United  States  of  America. 

TH:  BARCLAY. 

Madrid,  December  4,  1766. 


FROM    THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Alicant,  Jununry  G,  1787. 
Gcntlcmr'n, 

I  have  not  h;i(l  the  pleasure  of  addressing  you  since  my  arrival  at 
this  place,  being  hitherto  without  anything  to  say  worth  your 
att(.'ntion. 

Mr.  Lamb  had  embarked  for  Minorca  before  I  got  here  ;  but  as  he 
is  in  rorresjjondenre  with  Mr.  Montgomery,  1  was  in  hopes  of  learning 
through  that  channel  the  possibility  of  our  meeting  before  I  should 
return  to  Franco,  a  matter  that  1  am  of  opinion  might  have  been 
attended  with  some  advantaces. 


DIPLOMATIC  CORRESPONDENCE.  35 

But  the  letters  which  he  has  lately  written  hold  out  nothing,  and 
therefore  1  contented  myself  with  writing  to  him  the  motives  which 
induced  me  to  come  here,  and  am  without  expectation  of  seeing  him. 
As  the  Spanish,  Portuguese,  and  Neapolitan  Ministers  were  pre- 
paring to  embark  for  Carthagena,  I  went  and  passed  one  day  at 
that  place  in  hopes  of  learning  something  that  might  he  useful,  and 
took  that  opportunity  of  impressing  on  the  mind  of  the  Count 
d'Espilly  some  matters  that  had  before  been  talked  over  at  INIadrid 
and  the  Escurial ;  and  I  left  him  seemingly  in  the  best  disposition 
towards  our  people  at  Algiers,  and  very  ready  to  obey  the  instruc- 
tions concerning  us  which  the  Count  de  Florida  Blanca  had  given 
him.  Since  my  return  from  Carthagena,  I  have  received  letters 
from  thence  informing  me  that  the  Count  d'Espilly  has  orders  from 
Court  not  to  proceed  to  Algiers  without  further  instructions,  as  the 
plague  is  at  Constantine,  within  fifty  leagues  of  that  place.  But  as  it 
was  lately  reported  that  the  Dey,  who  is  very  far  advanced  in  years, 
was  much  indisposed,  it  is  no  ways  improbable  that  this  circumstance 
may  have  had  its  weight — for  the  knowledge  of  the  plague  being  at 
Constantine  is  not  new.  It  was  even  believed,  before  I  left  Africa, 
that  the  city  of  Bona  was  depopulated  with  that  distemper.  How- 
ever this  may  be,  I  most  sincerely  wish  the  negotiations  respecting 
our  country  could  go  hand  in  hand  with  those  of  the  European 
Powers ;  for  there  is  no  doubt  that  when  the  Barbary  States  have 
made  peace  with,  them  they  will  turn  all  their  views  towards  us ; 
and  if  another  capture  or  two  be  made,  the  terms  of  peace  will  be 
raised  most  extravagantly. 

I  shall  make  no  apology  to  you,  gentlemen,  for  the  communicating 
whatever  has  occurred  to  me  on  this  subject ;  and  as  it  is  probable 
1  shall  not  have  occasion  again  to  resume  it,  I  will  now  add  that  I 
know  no  American  subject  in  Spain  or  France  (Mr.  Jeflerson  is  out 
of  the  question)  so  adequate  to  the  task  of  negotiating  at  Algiers  as 
is  Mr.  Carmichael.  I  am  perfectly  convinced  that  when  it  is 
renewed  he  ought,  if  possible,  to  undertake  it ;  and  I  beg  leave  to 
recommend  this  hint  to  your  serious  consideration.  I  am  sure  Mr. 
Carmichael  has  no  objects  under  his  care  half  so  interesting ;  and  if 
his  situation  will  permit,  he  ought  not  to  hesitate. 

I  wish  much  to  know  your  sentiments  of  the  treaty  with  IMorocco. 
Though  it  is  not  quite  as  good  as  1  desire,  it  is  as  much  so  as  I 
could  make  it.     I  beg  you  will  favor  me  with  your  opinions  when 


36  THOMAS  JEFFERSON— JOHN  JAY. 

you  are  at  leisure.  The  answer  from  Corunna  is  what  I  feared  it 
would  be — no  ways  decisive.  It  is  two  or  three  years  since  Mr. 
Carmichacl  endeavored  to  procure  a  settlement,  and  I  much  fear  I 
shall  be  obliged  to  go  and  force  one. 

I  am,  with  great  respect,  he,  THOS.  BARCLAY. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  Fubruary  8,  1787. 

Sir, 

The  packet  being  to  sail  the  day  after  to-morrow,  I  have  awaited 
the  last  possible  moment  of  writing  by  her  in  hopes  I  might  be  able 
to  announce  some  favorable  change  in  the  situation  of  the  Count  de 
Vergennes ;  but  none  has  occurred,  and  in  the  meantime  he  has 
become  weaker  by  the  continuance  of  his  illness.  Though  not 
desperately  ill,  he  is  dangerously  so.  The  Comptroller  General,  M. 
de  Calonne,  has  been  very  ill  also,  but  he  is  getting  well.  These 
circumstances  have  occasioned  the  poslponomcnt  of  the  Asscmhlee 
dcs  Notables  to  the  14th  instant,  and  will  probably  occasion  a  further 
postponement.  As  I  shall  set  out  this  day  sevennight  for  the  waters  of 
Aix,  you  will  probably  hear  the  issue  of  the  Count  de  Vcrgennes's 
illness  through  some  other  channel  before  I  shall  have  the  honor  of 
addressing  you  again.  I  may  observe  the  same  as  to  the  final 
decision  for  the  enfranchisement  of  Honfleur,  which  is  in  a  fair  way 
of  being  speedily  concluded.  The  exertions  of  INTonsienu"  de  Creve- 
coeur,  and  particularly  his  influence  witli  the  Duke  (rilarcourt,  the 
principal  instrument  in  effecting  it,  have  been  of  chief  consequence 
in  this  matter. 

I  am,  with  due  respect,  &:c.,  TH:  JEFFERSON. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

Ntw  York,  April  25,  1787. 

Dear  Sir, 
Sinc(!  my  last  to  you  of  the  9lh  Febniary,  T  have  been  lionorcd 
with  yours   of  the   iillh   October,  12lh   INovcnibcr,  ;jlst  December, 
9lh  January,  and  Isl  and  8th  February  last,  all  of  which,  together 


DIPLOMATIC  CORRESPONDENCE.  37 

with  the  papers  that  accompanied  thoin,  have  been  communicated  to 
Congress  ;  but  neither  on  them,  nor  your  preceding  ones,  have  any 
instructions  been,  as  yet,  ordered  ;  so  that  this  letter,  Hke  many 
others,  will  not  be  very  interesting. 

It  is  greatly  to  be  regretted  that  communications  to  Congress  are 
not  kept  more  private.  A  variety  of  reasons,  which  must  be  obvious 
to  you,  oppose  it ;  and  while  the  Federal  sovereignty  remains  just  as 
it  is,  little  secrecy  is  to  be  expected.  This  circumstance  must 
undoubtedly  be  a  great  restraint  on  those  public  and  private 
characters  from  whom  you  would  otherwise  obtain  useful  hints  and 
information.  I,  for  my  part,  have  long  experienced  the  inconve- 
nience of  it,  and  in  some  instances  very  sensibly. 

The  death  of  Count  de  Vergennes,  of  which  Major  Franks 
informed  us,  is  to  be  lamented ;  and  the  more  so  as  the  talents, 
industry,  and  disposition  towards  us  of  his  successor  are  uncertain. 
Who  will  take  his  place,  is  an  important  question  to  us  as  well  as  to 
France. 

The  Convention,  of  which  you  have  been  informed,  will  convene 
next  month  at  Philadelphia.  It  is  said  that  General  Washington 
accepts  his  appointment  to  it,  and  will  attend.  I  wish  their  councils 
may  better  our  situation  ;  but  I  am  not  sanguine  in  my  expectations. 
There  is  reason  to  fear  that  our  errors  do  not  proceed  from  want  of 
knowledge ;  and,  therefore,  that  reason  and  public  spirit  will  require 
the  aid  of  calamity,  to  render  their  dictates  effectual. 

The  insurrection  in  Massachusetts  is  suppressed,  but  the  spirit  of 
it  exists,  and  has  operated  powerfully  in  the  late  election.  Governor 
Bowdoin,  whose  conduct  was  upright,  and  received  the  approbation 
of  the  Legislature,  is  turned  out,  and  Mr.  Hancock  is  elected. 
Many  respectable  characters  in  both  Houses  are  displaced,  and  men 
of  other  principles  and  views  elected.  Perhaps  these  accounts  are 
exaggerated.  Perhaps  INIr.  Hancock  will  support  his  former  char- 
acter, and  that  the  present  Legislature  will  be  zealous  to  maintain 
the  rights  of  Government,  as  well  as  respect  the  wishes  of  the 
people.  Time  alone  can  ascertain  these  matters.  The  language, 
however,  of  such  changes  is  not  pleasant  or  promising. 

For  your  information,  I  enclose  a  copy  of  certain  resolutions  of 
Congress,  relative  to  infractions  of  the  treaty  of  peace.  How  they 
will  be  received,  or  what  effect  they  will  have,  1  know  not.  Some 
of  the  States  have  gone  so  far  in  tlieir  deviations  from  the  treaty, 

93781 


38  THOMAS  JEFFERSON— JOHN  JAY. 

that  I  fear  they  will  not  easily  be  persuaded  to  tread  back  their 
steps ;  especially  as  the  recommendations  of  Congress,  like  most 
ether  recommendations,  are  seldom  efficient  when  opposed  by  interest. 
A  mere  Government  of  reason  and  persuasion  is  little  adapted  to  the 
actual  state  of  human  nature  in  any  age  or  country. 

One  of  our  five  Indiamen,  viz  :  an  Albany  sloop,  returned,  a  few 
days  ago,  in  four  months  from  Canton ;  and  I  heard  last  evening 
that  one  or  two  vessels  are  preparing  at  Boston  for  a  voyage  to  the 
Isle  of  France.  The  enterprise  of  our  countrymen  is  inconceivable, 
and  the  number  of  young  swarms  daily  going  down  to  settle  in  the 
western  country  is  a  further  proof  of  it.  I  fear  that  western  country 
will,  one  day,  give  us  trouble.  To  govern  them  will  not  be  easy, 
and  whether,  after  two  or  three  generations,  they  will  be  fit  to 
govern  themselves,  is  a  question  that  merits  consideration.  The 
progress  of  civilization,  and  the  means  of  information,  is  very  tardy, 
in  sparse  and  separate  settlements.  I  wish  our  differences  with 
Spain,  in  that  quarter,  were  well  settled;  but  the  maxim  o[  fcsiina 
lentc  does  not  suit  our  southern  sanguine  politicians. 

The  English  are  making  some  important  settlements  on  the  river 
St.  Lawrence,  &tc.  INIany  of  our  people  go  there.  And  it  is  said 
that  Vermont  is  not  greatly  inclined  to  be  the  fourteenth  State. 
Taxes  and  relaxed  Governments  agree  but  ill. 

I  have  the  honor  to  be,  &oc.,  JOHN  JAY. 


FROM   THOMAS    JEFFERSON    TO    M.    DUMAS. 

Paris,  February  9,  1787. 

Sir, 
My  last  to  you  was  dated  December  the  2oih,  since  which  I  have 
been  honored  with  your  several  favors  of  December  the  '29th, 
January  the  5th,  Dth,  and  '23(1.  I  liiDiigJit  thai  your  aOairs  could 
not  be  mon;  intcn'sting  than  they  have  been  for  a  considerable  time  ; 
yet,  in  the  present  nujnicnt,  they  are  become  morn  so,  by  tho 
apparent  withdrawing  of  so  considerable  a  personage  in  the  drama 
as  the  King  of  Prussia.  To  increase  this  interest,  another  person, 
whose  iinj)orlance  scarcely  admits  calculation,  is  in  a  situation  whicli 
fills  us  with  alarm.     Nature  is  struggling  to  relievo  him  by  a  decided 


DIPLOMATIC  CORRESPONDENCE.  39 

gout ;  she  has  my  sincere  prayers  to  aid  her,  as  I  am  persuaded  she 
has  yours.  I  liave  letters  and  papers  from  America  as  late  as  the 
15th  of  December.  The  Government  of  Massachusetts  had  impris- 
oned three  of  the  leaders  of  their  insurgents.  The  insurgents  being 
collected  to  the  number  of  three  or  four  hundred,  had  sent  in  their 
petition  to  the  Government,  praying  another  act  of  pardon  for  their 
leaders  and  themselves,  and  on  this  condition  offering  to  go,  every 
man,  home,  and  conduct  himself  dutifully  aftenvards.  This  is  the 
last  intelligence. 

I  thank  you  for  your  attention  to  the  question  I  had  taken  the 
liberty  of  proposing  to  you.  I  think  with  you,  that  it  would  be 
advisable  to  have  our  debt  transferred  to  individuals  of  your 
country.  There  could,  and  would  be  no  objection  to  the  guarantee 
remaining  as  you  propose  ;  and  a  postponement  of  the  first  payments 
of  capital  would  surely  be  a  convenience  to  us.  For  though  the 
resources  of  the  United  States  are  great  and  growing,  and  their 
dispositions  good,  yet  their  machine  is  new,  and  they  have  not  got 
it  to  go  well.  It  is  the  object  of  their  general  wish  at  present,  and 
they  are  all  in  movement,  to  set  it  in  a  good  train ;  but  their  move- 
ments are  necessarily  slow.  They  will  surely  effect  it  in  the  end, 
because  all  have  the  same  end  in  view ;  the  difficulty  being  only  to 
get  all  the  thirteen  States  to  agree  on  the  same  means.  Divesting 
myself  of  every  partiality,  and  speaking  from  that  thorough  knowledge 
I  have  of  the  country,  their  resources,  and  their  principles,  I  had 
rather  trust  money  in  their  hands  than  in  tliat  of  any  Government 
on  earth,  because,  though  for  a  while  the  payments  of  the  interest 
might  be  less  regular,  yet  the  final  reimbursement  of  the  capital 
would  be  more  sure. 

I  set  out  next  week  for  the  south  of  France,  to  try  whether  some 
mineral  waters  in  that  quarter,  much  recommended,  will  restore  the 
use  of  my  hand.  I  shall  be  absent  from  Paris  two  or  three  months  ; 
but  I  take  arrangements  for  the  regular  receipt  of  your  favors,  as  if  I 
were  here.  It  will  be  better,  however,  for  you  to  put  your  letters  to 
Mr.  Jay,  under  cover  to  Mr.  Short,  who  remains  here,  and  will 
forward  them. 

I  have  thought  it  my  duty  to  submit  to  Congress  the  proposition 
about  the  French  debt,  and  may  expect  their  answer  in  four  months. 

Have  the  honor  to  be,  &ic.. 

Til:  JEFFERSON. 


40  THOMAS  JEFFERSON- JOHN  JAY. 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  February  14,  1787. 

Sir, 

In  the  letter  of  the  8th  instant,  which  I  had  the  honor  of  writing 
you,  I  informed  you  that  Count  de  Vergennes  was  dangerously  ill. 
He  died  yesterday  morning,  and  Count  de  INIontmorin  is  appointed 
his  successor.  Your  personal  knowledge  of  this  gentleman  renders  it 
unnecessary  for  me  to  say  anything  of  him. 

Mr.  Morris,  during  his  office,  heing  authorized  to  have  the  medals 
and  swords  executed  which  had  heen  ordered  by  Congress,  he 
authorized  Colonel  Humphreys  to  take  measures  here  for  the  execu- 
tion. Colonel  Humphreys  did  so,  and  the  swords  were  finished  in 
time  for  him  to  carry  them.  The  medals  not  being  finished,  he 
desired  me  to  attend  to  them.  The  workman  who  was  to  make  that 
of  General  Greene  brought  me  yesterday  the  medal  in  gold,  twenty- 
three  in  copper,  and  the  die.  Mr.  Short,  during  my  absence,  will 
avail  himself  of  the  first  occasion  which  shall  offer  of  forwarding  the 
medals  to  you.  I  must  beg  leave,  through  you,  to  ask  the  pleasure 
of  Congress  as  to  the  number  they  would  choose  to  have  struck. 
Perhaps  they  might  be  willing  to  deposit  one  of  each  person  in  every 
college  of  the  United  States.  Perhaps  they  might  choose  to  give  a 
series  of  them  to  each  of  the  crowned  heads  of  Europe,  which  would 
be  an  acceptable  present  to  them.  Thi^y  will  be  pleased  to  decide. 
In  the  mean  time,  I  have  sealed  up  the  die,  and  shall  retain  it  till  I 
am  honored  with  their  orders  as  to  this  medal,  and  the  others  also, 
when  they  shall  be  finished. 

With  great  respect  and  esteem,  &ic.,         TH:  JEFFERSON. 


FROM    THO.MAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  February  14,  1787. 

Sir, 
In  tlie  letter  of  the  8ili  instant,  which  I  had  llie  honor  of  writing 
yoii,  I  informed  you  of  the  illness  of  the  Count  de  Vergenncs.  In 
one  of  the  present  date,  which  I  send  by  the  way  of  London,  I 
have  notified  to  you  his  death,  which  happened  yesterday  morning, 
and  that  the  Count  de  Montmorin  is  ap|)()int<:d  his  successor,  with 
whose  character  you  are  personally  acijuainied.     As  the  winds  have 


DirLOMATIC  CORRESPOXDENCE.  41 

been  contrary  to  the  sailing  of  the  packet,  and  tliis  may  possibly 
read)  Havre  by  post  in  time  to  be  put  on  board,  I  avail  myself  of 
that  chance  of  conveying  you  the  above  information. 

I  have  the  honor  to  be,  Stc,  Til :  JEFFERSON. 


REPORT  OF  JOHN  JAY  TO  CONGRESS. 

Office  for  Foreign  Affairs,  July  11,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  a  letter  from  the   Honorable  Mr. 

Jefferson  of  14th  February  last,  reports: 

Your  Secretary  presumes  that  the  following  paragraph  in  this 
letter  gave  occasion  to  its  being  referred  to  him,  viz :  "  The  workman 
'  who  was  to  make  that  of  General  Greene  brought  me  yesterday  the 
'medal  in  gold,  twenty-three  in  copper,  and  the  die.  I  must  beg 
'  leave,  through  you,  to  ask  the  pleasure  of  Congress  as  to  the  number 
'  they  would  choose  to  have  struck.  Perhaps  they  might  be  willing 
'  to  deposit  one  of  each  person  in  every  college  of  the  United  States. 
'  Perhaps  they  miglit  choose  to  give  a  series  of  them  to  each  of  the 
*  crowned  heads  of  Europe,  which  would  be  an  acceptable  present 
'  to  them.  They  will  be  pleased  to  decide.  In  the  mean  time,  I 
'  have  sealed  up  the  die,  and  shall  retain  it  till  I  am  honored  with 
'  their  orders  as  to  this  medal,  and  the  others  also,  when  they  shall 
'  be  finished." 

As  these  medals  were  directed  to  be  struck  in  order  to  signalize 
and  commemorate  certain  interesting  events  and  conspicuous  charac- 
ters, the  distribution  of  them  should,  in  his  opinion,  be  such  as  may 
best  conduce  to  that  end. 

He,  therefore,  thinks  that  both  of  Mr.  Jefferson's  hints  should  be 
improved,  to  wit :  that  a  series  of  these  medals  should  be  presented 
to  each  of  the  crowned  heads  in  Europe,  and  that  one  of  each  set  be 
deposited  in  each  of  the  American  colleges.  He  presumes  that  IMr. 
Jefferson  does  not  mean  that  any  should  be  presented  to  the  King 
of  Great  Britain,  for  it  would  not  be  delicate ;  nor  that  by  crowned 
heads  he  meant  to  exclude  free  States  from  the  compliment,  lor  to 
make  discrimination  would  give  offence. 

In  the  judgment  of  your  Secretary,  it  would  be  proper  to  mstruct 
Mr.  Jefferson  to  present,  in  the  name  of  the  United  States,  one  silver 


42  THOMAS  JEFFERSON— JOHN  JAY. 

medal  of  each  denomination  to  every  monarch  (except  his  Britannic 
Majesty)  and  to  every  sovereign  and  independent  State,  without 
exception,  in  Europe,  and  also  to  the  Emperor  of  Morocco.  That 
he  also  be  instructed  to  send  fifteen  silver  medals  of  each  set  to 
Congress,  to  be  by  them  presented  to  the  thirteen  United  States 
respectively,  and  also  to  the  Emperor  of  China,  with  an  explanation 
and  a  letter,  and  one  to  General  Washington.  That  he  also  be 
instructed  to  present  a  copper  medal  of  each  denomination  to  each 
of  the  most  distinguished  Universities  (except  the  British)  in  Europe, 
and  also  to  the  Count  de  Rochambeau,  to  Count  d'Estaing,  and  to 
Count  de  Grasse ;  and  lastly,  that  he  be  instructed  to  send  to  Con- 
gress two  hundred  copper  ones  of  each  set,  together  with  the  dies. 

Your  Secretary  thinks  that  of  these  it  would  be  proper  to  present 
one  to  each  of  the  American  colleges,  one  to  the  INIarquis  de  la 
Fayette,  and  one  to  each  of  the  other  Major  Generals  who  served 
in  the  late  American  army,  and  that  the  residue,  with  the  dies,  be 
deposited  in  the  Secretary's  office  of  the  United  States,  subject  to 
such  future  orders  as  Congress  may  think  proper  to  make  respecting 
them. 

It  might  be  more  magnificent  to  give  golden  medals  to  sovereigns, 
silver  ones  to  distinguished  persons,  and  copper  to  the  colleges,  &,c., 
but,  in  his  opinion,  the  nature  of  the  American  Governments,  as  well 
as  the  state  of  their  finances,  will  apologize  for  their  declining  the 
expense. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  February  23,  1787. 

Sir, 
The  AssemhUe  des  Notables  being  an  event  in  the  history  of  this 
country  which  excites  notice,  I  have  supposed  it  would  not  be 
disagreeable  to  you  to  learn  its  imnK.diate  objects,  though  no  way 
connected  with  our  interests.  The  assembly  met  ycstc;rday ;  the 
King,  in  a  short,  but  affectionate  speech,  informed  them  of  his  wish 
to  consuh  with  them  on  ilw  plans  he  had  digested,  and  on  the  general 
good  of  his  people,  and  his  desire  to  imitate  the  head  of  his  family, 


DIPLOMATIC  CORRESPONDENCE.  43 

Henry  IV,  whose  menior)'  is  so  dear  to  the  nation.  The  Garde  dcs 
Sccaux  then  spoi^e  ahout  twenty  minutes,  cliiefly  in  comphment  to 
the  orders  present.  The  Comptroller  General,  in  a  speech  of  about 
an  hour,  opened  the  budget,  and  enlarged  on  the  several  subjects 
which  will  be  under  their  deliberation.  He  explained  the  situation 
of  the  finances  at  his  accession  to  office,  the  expenses  which  their 
arrangement  had  rendered  necessary,  their  present  state,  with  the 
improvements  made  in  them,  the  several  plans  which  had  been  pro- 
posed for  their  further  improvement,  a  change  in  the  form  of  some 
of  their  taxes,  the  removal  of  the  interior  custom-houses  to  the  fron- 
tiers, and  the  institution  of  Provincial  Assemblies.  The  assembly 
was  then  divided  into  committees,  with  a  Prince  of  the  blood  at  the 
head  of  each.  In  this  form  they  are  to  discuss,  separately,  the 
subjects  which  will  be  submitted  to  them;  their  decision  will  be 
reported  by  two  members  to  the  iMinister,  who,  on  view  of  the 
separate  decisions  of  all  the  committees,  will  make  such  changes  ia 
his  plans  as  will  best  accommodate  them  to  their  views  w  ithout  too 
much  departing  from  his  own,  and  will  then  submit  them  to  the  vote 
(but  I  believe  not  to  the  debate)  of  the  general  assembly,  which  will 
be  convened  for  this  purpose  one  day  in  every  week,  and  will  vote 
individually. 

The  event  of  the  Count  de  Vergennes's  dpath,  of  which  I  had  the 
honor  to  inform  you  in  two  letters  of  the  14th  instant,  the  appoint- 
ment of  the  Count  de  Montmorin,  and  the  propriety  of  my  attending 
at  his  first  audience,  which  will  be  on  the  27 ill,  have  retarded  the 
joun^y  I  had  proposed  a  few  days.  I  shall  hope  on  my  return  to 
meet  here  new  powers  for  the  Consular  convention,  as  under  those  I 
have  it  will  be  impossible  to  make  the  changes  in  the  convention 
which  may  be  wished  for. 

1  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

OflScc  for  Foreign  Affairs,  July  04,  1737. 
Dear  Sir, 

Since  my  letter  to  you  of  tlie  24th  April,  1  have  been  honored 

with  yours  of  14th  and  23d  of  February  last,  and  with  two  from 

Mr.  Short,   to    whom    I   had   the   pleasure  of  writing  on   the   5th 

instant. 


44  THOMAS  JEFFERSON— JOHN  JAY. 

I  have  now  the  honor  of  transmitting  to  you,  herewith  enclosed, 
the  following  papers : 

A  letter  for  the  Emperor  of  Morocco,  with  a  ratification  of  the 
treaty  enclosed,  and  copies  of  both  for  your  information. 

This  letter  you  will  be  so  good  as  to  forward  by  the  first  eligible 
opportunity  to  Don  Francisco  Chiappe,  American  Agent  at  ]Morocco, 
to  be  by  him  presented  to  the  Emperor. 

A  letter  for  ^Mr.  Fennish,  to  be  forwarded  in  like  manner. 

A  copy  of  an  act  of  Congress  of  the  18tli  July  instant,  authorizing 
you  to  redeem  our  unfortunate  fellow-citizens  at  Algiers  in  the  manner 
which  you  suggested. 

An  ordinance  for  the  government  of  the  western  country,  passed 
the  13th  instant. 

The  printed  Journals  of  Congress  from  6th  November  to  10th 
May  last. 

The  late  newspapers. 

The  other  matters  on  which  you  have  long  had  reason  to  expect 
instructions  are  yet  under  consideration. 

Chevalier  Jones  cannot  have  his  afiairs  arranged  in  season  for  him 
to  go  in  this  packet.  lie  will  probably  sail  in  the  next ;  and  I  flatter 
myself  with  the  pleasure  of  being  enabled  by  that  time,  if  not  sooner, 
to  write  you  fully  and  satisfactorily.  Nine  States,  for  a  long  time 
past,  have  been  but  seldom  represented  in  Congress,  and  hence 
delays,  much  to  be  regretted,  have  taken  place. 

Tiie  convention  is  sitting,  but  their  proceedings  arc  secret.  Our 
Indian  aflairs  in  the  west  still  give  us  uneasiness,  and  so  I  fear»they 
will  continue  to  do,  for  reasons  you  will  not  i)e  at  a  loss  to  conjecture. 
Our  aflairs  in  general  will  admit  of  much  melioration,  and  they  will 
alFord  the  convention  ample  field  for  the  display  of  their  patriotism 
and  talents. 

I  have  the  honor  to  be,  &:c.,  JOHN  JAY. 

V.  S.  Congress  yesterday  passed  a  resolution  approving  Mr. 
Barclay's  conduct  in  \\\v.  negotiation  with  Morocco.  They  have 
lik'.'wise  confirmed  bis  appointment  of  Don  Francisco  Chiappe  to  be 
their  agent  at  Morocco,  Don  Joseph  Chiappe  to  be  their  agent  at 
Mogadon',  and  Don  (iirolomo  Chiapp(!  to  be  their  agent  at  Tangier, 
with  which  agents  it  is  their  desire  that  their  Ministers  at  Versailles 
and  London  should  regularly  correspond.    Want  of  lime  prevents  my 


DIPLOMATIC  CORRESPONDENCE.  45 

having  and  sending  you  certified  copies  of  these  acts  by  this  oppor- 
tunity. My  next  shall  contain  what  may  be  necessary  to  say  further 
on  these  subjects. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs,  July  18,  1787. 

On  a  report  of  the  Secretary  of  the  United  States  for  the  Depart- 
ment of  Foreign  Affairs,  to  whom  was  referred  a  petition  from  Hannah 
Stephens,  praying  that  her  husband  be  redeemed  from  captivity  at 
Algiers,  and  also  a  letter  from  the  Honorable  Thomas  Jefferson, 
proposing  that  a  certain  order  of  Priests  be  employed  for  such  pur- 
poses : 

Resolved,  That  the  Honorable  Thomas  Jefferson,  Esq.,  the  IMinister 
of  the  United  States  at  the  Court  of  Versailles,  be,  and  he  hereby  is, 
authorized  to  take  such  measures  as  he  may  deem  most  advisable, 
for  redeeming  the  American  captives  at  Algiers,  and  at  any  expense 
not  exceeding  that  which  European  nations  usually  pay  in  like 
cases. 

Resolved,  That  the  Board  of  Treasury  be,  and  they  hereby  are, 
directed  to  provide  ways  and  means  for  enabling  Mr.  Jefferson  to 
defray  the  said  expenses,  either  by  remitting  money  from  hence  or 
by  a  credit  in  Europe. 


FROM    THOMAS    JEFFFRSON    TO    JOHN    JAY. 

Marseilles,  May  4,  1787. 
Sir, 

I  had  the  honor  of  receiving  at  Aix  your  letter  of  9th  February, 
and  immediately  wrote  to  the  Count  de  Montmorin,  explaining  the 
delay  of  the  answer  of  Congress  to  the  King's  letter,  and  desired  Mr. 
Short  to  deliver  that  answer,  with  my  letter,  to  Monsieur  de  Mont- 
morin, which  he  accordingly  informs  me  he  has  done. 

My  absence  prevented  my  noting  to  you  in  the  first  moment  the 
revolution  which  has  taken  place  at  Paris,  in  the  Department  of 
Finance,  by  the  substitution  of  Monsieur  de  Fourqueaux  in  the  place 
of  Monsieur  de  Calonnc  ;  so  that  you  will  have  lieard  of  it  through 
other  channels  before  this  will  have  the  honor  of  reaching  you. 


46  THOMAS  JEFFERSON-JOHN  JAY. 

Having  staid  at  Aix  long  enough  to  prove  the  inefliciency  of  the 
waters,  I  came  to  this  place  for  the  purpose  of  informing  myself  here, 
as  I  mean  to  do  at  the  other  seaport  towns,  of  whatever  may  be 
interesting  to  our  commerce,  so  far  as  canied  on  in  our  bottoms.  I 
find  it  almost  nothmg,  and  so  it  must  probably  remain  till  something 
can  be  done  with  the  Algerines.  Though  severely  afflicted  with  the 
plague,  they  have  come  out  within  these  few  days,  and  shewed 
themselves  in  force  along  the  coast  of  Genoa,  cannonading  a  little 
town,  and  taking  several  vessels. 

Among  other  objects  of  inquiry,  this  was  the  place  to  learn  some- 
thing more  certain  on  the  subject  of  rice,  as  it  is  a  good  emporium 
for  that  of  the  Levant  and  of  Italy.  I  wished  particularly  to  know 
whether  it  was  the  use  of  a  different  machine  for  cleaning  which 
brought  European  rice  to  market  less  broken  than  ours,  as  had  been 
represented  to  me  by  those  who  deal  in  that  article  in  Paris.  I 
found  several  persons  who  has  passed  through  the  rice  country  of 
Italy,  but  not  one  who  could  explain  to  me  the  nature  of  the 
machine.  But  I  was  given  to  believe  that  I  might  see  it  myself 
immediately  on  entering  Piedmont.  As  this  would  require  but  about 
three  weeks,  I  determined  to  go  and  ascertain  this  point,  as  the 
chance  only  of  placing  our  rice  above  all  rivalship  in  quality  as  it  is 
in  color,  by  the  introduction  of  a  better  machine,  if  a  better  existed, 
seemed  to  justify  the  application  of  that  much  time  to  it.  I  found 
the  rice  country  to  be  in  trutii  Louibardy,  one  hundred  miles  further 
than  had  been  represented,  and  that,  though  called  Piedmont  rice, 
not  a  grain  is  made  in  the  country  of  Piedmont.  I  passed  through 
the  rice  fields  of  the  Vercellcs  and  Milanese,  about  sixty  miles,  and 
returned  from  thence  last  night,  having  found  that  the  machine  is 
ahscjUitcly  the  same  as  ours,  and  of  course  we  need  not  listen  more 
to  that  suggestion.  It  is  a  difference  in  the  species  of  grain  of  which 
the  Government  of  Turin  is  so  sensible,  that,  as  I  was  informed,  they 
])rohii/it  the  exportation  of  rough  rice  on  pain  of  death.  I  have 
taken  measures,  however,  for  obtaining  a  quantity  of  it,  which  I 
think  will  not  fail ;  and  1  bought  on  the  spot  a  small  parcel,  which 
I  have  with  me.  As  further  details  on  this  subject  to  Congress 
would  be  misplaced,  I  propose,  on  my  return  to  Paris,  to  communi- 
cate them,  and  send  the  rice  to  the  society  at  Charleston  for 
promoting  agriculture  ;  supposing  tlint  they  w  ill  be  best  able  to  try 
ihe  cxperiinetit  of  culiivating  the  rice  of  this  quality,  and  to  commu- 


DIPLOMATIC  CORRESPONDENCE.  47 

nicate  the  species  to  the  two  States  of  South  Carolina  and  Georgia, 
if  tliey  find  it  answer.  I  thought  the  staple  of  these  two  States  was 
entitled  to  this  attention,  and  tiiat  it  must  be  desirable  to  them  to  be 
able  to  furnish  rice  of  the  two  qualities  demanded  in  Europe, 
especially  as  the  greater  consumption  is  in  the  fomis  for  which  the 
Lombardy  quality  is  preferred.  The  mass  of  our  countrymen  being 
interested  in  agriculture,  I  hope  I  do  not  err  in  supposing  that  in  a 
time  of  profound  peace  as  the  present,  to  enable  them  to  adapt  their 
productions  to  the  market,  to  point  out  markets  for  them,  and 
endeavor  to  obtain  favorable  terras  of  reception,  is  within  the  line  of 
my  duty. 

INIy  journey  into  this  part  of  the  country  has  procured  me  informa- 
tion which  I  will  take  the  liberty  of  communicating  to  Congress.  In 
October  last  I  received  a  letter,  dated  Montpelier,  October  2d,  1786, 
announcing  to  me  that  the  writer  was  a  foreigner,  who  had  a  matter 
of  very  great  consequence  to  communicate  to  me,  and  desired  I 
would  indicate  the  channel  through  which  it  might  pass  safely.  I 
did  so.  I  received  soon  after  a  letter  in  the  following  words, 
omitting  only  the  formal  parts  : 

"■  I  am  a  Brazilian,  and  you  know  that  my  unhappy  country 
'  groans  under  a  most  dreadful  slavery,  which  becomes  more  intol- 

*  erable  since  the  era  of  your  glorious  independence — the  barbarous 

*  Portuguese  sparing  nothing  to  make  us  unhappy  for  fear  that  we 

*  should  follow  your  steps.  And  as  we  know  that  these  usurpers 
'  against  the  law  of  nature  and  of  humanity  have  no  other  thoughts 

*  than  of   crushing    us,  we  are  determined    to  follow  the   striking 

*  example  which  you  have  given  us,  and  consequently  to  break  our 
'  chains,  and  to  bring  to  life  liberty,  which  is  now  dead  and  oppressed 
'  by  physical  force,  which  is  the  only  power  Europeans  have  over 
'  America.  But  as  Spain  will  not  fail  to  join  Portugal,  it  is  neces- 
*sary  that    a    nation    should    assist   us.     And    notwithstanding  the 

*  advantages  we  have  for  defence,  we  cannot  do  it,  or  at  least  it 
'  would  not  be  prudent  for  us  to  run  any  hazard  without  being  sure 
<  of  success.  Your  nation,  sir,  is,  we  think,  that  which  should  most 
'  suitably  assist  us,  because  it  is  her  that  has  given  us  the  example ; 

*  and  also,  because  nature    has  made  us  inhabitants  of  the   same 

*  continent,  and  has  consequently  constituted  us  in  some  sort  coun- 
'  trymen.  We  are  ready  on  our  part  to  furnish  all  the  funds  that 
'  may  be  necessary,  and  to  show  at  all  times  our  gratitude  towards 


48  THOMAS  JEFFERSON— JOHN  JAY. 

'  our  benefactors.  Tliis  is  tlie  substance  of  my  intentions,  and  it  is 
'  to  fulfil  this  commission  that  I  am  now  in  France,  as  I  could  not  do 
'  it  in  America  without  exciting  some  suspicions.  It  is  for  you  to 
'judge  if  they  can  be  realized.  And  in  case  you  should  wish  to 
'  consult  your  nation  on  the  subject,  I  am  enabled  to  give  all  the 
'  information  that  you  may  think  necessary. 

"Montpelier,  21  November." 

As  by  this  time  I  had  been  advised  to  try  the  waters  of  the  Alx, 
I  wrote  to  the  gentleman  my  design,  and  that  I  should  go  off  my 
road  as  far  as  Nismes,  under  the  pretext  of  seeing  the  antiquities  of 
that  place  if  he  would  meet  me  there.  He  met  me,  and  the  follow- 
ing is  the  sum  of  the  information  I  received  from  him : 

"Brazil  contains  as  many  inhabitants  as  Portugal.  They  are: 
'  1st.  Portuguese.  2d.  Native  Whites.  3d.  Black  and  Mulatto 
'slaves.     4th.  Indians, civilized  and  savages.     1st.  The  Portuguese 

*  are  few  in  number ;  mostly  married  there ;  have  lost  sight  of  their 
'native  country,  as  well  as  the  prospect  of  returning  to  it,  and  are 
'  disposed  to  become  independent.  2d.  The  native  whites  form 
'the  body  of  their  nation.  3d.  The  slaves  are  as  numerous  as  the 
'  free.  4th.  The  civilized  Indians  have  no  energy,  and  the  savage 
'  would  not  meddle.  There  are  twenty  thousand  regular  troops. 
'  Originally  these  were  Portuguese,  but  as  they  died  off  they  were 
'  replaced  by  the  natives,  so  that  these  compose  at  present  the  mass 
'of  the  troops,  and  may  be  counted  on  by  their  native  country. 
'  The  officers  are  partly  Portuguese,  partly  Brazilian.  Their  bravery 
'  is  not  doubted,  and  they  understand  the  parade,  but  not  the  science 
'of  their  profession.  They  have  no  bias  for  Portugal,  but  no  energy 
'  neither  for  any  thing.  Tiie  Pri(^sts  are  partly  Portuguese,  partly 
'Brazilians,  and  will  not  interest  themselves  much.  The  Noblesse 
'arc  scarcely  known  as  such;  they  will  in  no  manner  be  dislin- 
'guishcd   from    llie    people.     The   men   of   letters   are    those  most 

*  desirous  of  a  revolution.  The  people  are  not  much  under  the 
'  influence  of  their  Priests.  Most  of  them  read  and  write,  possess 
'  arms,  and  are  in  the  iiabit  of  using  them  for  luuiting.  The  slaves 
'will  take  the  side  of  ilieir  masters.  In  short,  as  to  the  fjuestion  of 
'revolution,  there  is  but  one  mind  in  that  country.  But  there 
'  aj)pears  no  person  cajiabh;  of  condurting  a  revolution,  or  willing  to 
'venture  himself  at  its  liead,  without  the  aid  of  some  powerful  nation, 
'as  the  people  of  their  own  might  fiil   them.     There  is  no  printing 


DIPLOMATIC  CORRESPONDENCE.  49 

'press  in  Brazil.  Tiiey  consider  the  North  American  revolution  as 
*a  precedent  for  theirs.  They  look  to  the  United  States  as  most 
'likely  to  give  them  honest  support,  and  from  a  variety  of  considura- 

*  tions,  have  the  strongest  prejudices  in  our  favor.  This  informant  is 
'  a  native  and  inhabitant  of  Rio  Janeiro,  the  present  metropolis, 
<  which  contains  fifty  thousand  inhabitants.  Knows  well  St.  Salvador, 
'  the  former  one,  and  the  mines  d^or,  which  are  in  the  centre  of  the 
'  country.  These  are  all  for  a  revolution,  and  constituting  the  body 
*of  the  nation,  the  other  parts  will  follow  them.  The  King's  fifth 
'  of  the  mines  yield  annually  thirteen  millions  of  crusadores,  or  half 
'  dollars.     He  has  the  sole  right  of  searching  for  diamonds  and  other 

*  precious  stones,  which  yields  him  about  half  as  much.  His  income 
'  alone,  then,  from  these  two  resources  is  about  ten  millions  of  dollars 
'  annually ;  but  the  remaining  parts  of  the  produce,  of  the  mines, 
'  being  twenty-six  millions,  might  be  counted  on  for  effecting  a  revo- 
lution.    Besides  the  arms   in  the  hands  of  the  people,  there  are 

*  public  magazines.  They  have  abundance  of  horses,  but  only  part 
'  of  their  country  would  admit  the  service  of  horse.  They  would 
'  want  cannon,  ammunition,  ships,  sailors,  soldiers,  and  officers,  for 
'which  they   are  disposed   to  look   to  the   United    States,   always 

*  understood  that  every  service  and  furniture  will  be  well  paid  for. 
'  Corn  costs  about  20  livres  the  100  pounds.     They  have  flesh  in  the 

*  greatest  abundance,  insomuch  that  in  some  parts  they  kill  beeves 

*  for  the  skin  only.  The  whale  fishery  is  carried  on  by  Brazilians 
'  altogether,  and  not  by  Portuguese ;  but  in  very  small  vessels,  so 
'  that  the  fishermen  know  nothing  of  managing  a  large  ship.  They 
'  would  want  of  us  at  all  times  shipping,  corn,  and  salt  fish.     The 

*  latter  is  a  great  article,  and  they  are  at  present  supplied  with  it 
'from  Portugal.  Portugal,  being  without  either  army  or  navy,  could 
'not  attempt  an  invasion  under  a  twelve  month.  Considering  of 
'what  it  would  be  composed,  it  would  not  be  much  to  be  feared; 
'and,  if  they  failed,  they  would  probably  never  attempt  a  second. 
'Indeed,  this  source  of  their  wealth  being  intercepted,  they  are 
'  scarcely  capable  of  a  first  effort.  The  thinking  part  of  the  nation 
'are  so  sensible  of  this,  that  they  consider  an  early  separation 
'  inevitable.  There  is  an  implacable  hatred  between  the  Brazilians 
'and  Portuguese,  to  reconcile  which  a  former  Minister  adopted  the 

*  policy  of  letting  the  Brazilians  into  a  participation  of  public  offices 
'but  subsequent  administrations  have  reverted  to  the  ancient  policy 

Vol.  H.— 4 


50  THOMAS  JEFFERSOX-JOHN  JAY. 

<  of  keeping  the  administration  in  the  hands  of  native  Portuguese. 
'  There  is  a  mixture  of  natives  of  the  old  appointments  still  remain- 
'  ing  in  office.  If  Spain  should  invade  them  on  their  southern 
'  extremities,  these  are  so  distant  from  the  body  of  their  settlements 
'  that  they  could  not  penetrate  thence,  and  Spanish  enterprise  is  not 
'  formidable.  The  mines  d'or  are  among  the  mountains,  inaccessible 
'  to  any  army,  and  Rio  Janeiro  is  considered  as  the  strongest  port  in 
'the  world,  after  Gibraltar.  In  case  of  a  successful  revolution,  a 
'  republican  Government  in  a  single  body  would  probably  be  estab- 
'  lished." 

I  took  care  to  impress  on  him,  through  the  whole  of  our  conver- 
sation, that  I  had  neither  instructions  nor  authority  to  say  a  word  to 
any  body  on  this  subject,  and  that  I  could  only  give  him  my  own 
ideas  as  a  single  individual,  which  were  that  we  were  not  in  a  condi- 
tion at  present  to  meddle  nationally  in  any  war ;  that  we  wished 
particularly  to  cultivate  the  friendship  of  Portugal,  with  whom  we 
have  an  advantageous  commerce ;  that  yet  a  successful  revolution  in 
Brazil  could  not  be  uninteresting  to  us ;  that  prospects  of  lucre  might 
possibly  draw  numbers  of  individuals  to  their  aid,  and  purer  motives 
our  officers,  among  whom  are  many  excellent ;  that  our  citizens 
being  free  to  leave  their  own  country  individually  without  the  consent 
of  their  Government,  are  equally  free  to  go  to  any  other. 

A  little  before  I  received  the  first  letter  of  the  Brazilian,  a  gentle- 
man informed  me  there  was  a  Mexican  in  Paris  who  wished  to  have 
some  conversation  with  me.  He  accordingly  called  on  me.  The 
substance  of  the  information  I  drew  from  him  was  as  follows :  He  is 
himself  a  native  of  Mexico,  when;  his  relations  are  principally.  He 
left  it  about  seventeen  years  of  age,  and  seems  now  to  be  about 
thirty-three  or  thirty-four.  He  classes  and  characterizes  the  inhab- 
itants of  the  country  as  follows:  1st.  The  natives  of  old  Spain, 
possessed  of  most  of  the  offices  of  Government,  and  firmly  attached 
to  it.  2(1.  The  clergy,  equally  attached  to  the  Government.  3d. 
The  natives  of  Mexico,  generally  disposed  to  revolt,  but  without 
instruction,  without  energy,  and  n)uch  under  the  dominion  of  their 
Priests,  -lib.  The  slaves,  mulatto  and  black  ;  the  former  enter- 
prising and  intelligent ;  the  latter  brave  and  of  very  important 
weight,  into  whatever  scales  they  niay  throw  themselves  ;  but  he 
thinks  they  will  side  with  their  masters.  .^th.  The  conquered 
Indians,  cowardly,  not  likely  to  take  any  side,  nor  important  whicii. 


DIPLOMATIC  CORRESPONDENCE.  51 

6th.  The  free  Indians,  brave  and  formidable,  should  they  interfere, 
but  not  hkely  to  do  so,  as  being  at  a  great  distance.  I  asked  him 
the  numbers  of  these  several  classes,  but  he  could  not  give  them. 
The  first  he  thought  very  inconsiderable  ;  that  the  second  formed 
the  body  of  the  freemen  ;  the  third  equal  to  the  two  first;  the  fourth 
to  all  the  preceding ;  and  as  to  the  fifth,  he  could  form  no  idea  of 
their  proportion.  Indeed,  it  appeared  to  me  that  his  conjectures  as 
to  the  others  were  on  loose  grounds.  He  said  he  knew  from  good 
information  there  were  three  hundred  thousand  inhabitants  in  the 
city  of  Mexico.  I  was  still  more  cautious  with  him  than  with  the 
Brazilian,  mentioning  it  as  my  private  opinion,  (unauthorized  to  say 
a  word  on  the  subject  otherwise,)  that  a  successful  revolution  was 
still  at  a  distance  with  them ;  that  I  feared  they  must  begin  by 
enlightening  and  emancipating  the  minds  of  their  people;  that,  as 
to  us,  if  Spain  should  give  us  advantageous  terms  of  commerce,  and 
remove  other  difficulties,  it  was  not  probable  that  we  should  relinquish 
certain  and  present  advantages,  though  smaller,  to  uncertain  and 
future  ones,  however  good.  I  was  lead  into  this  caution,  by  observ- 
ing that  this  gentleman  was  intimate  at  the  Spanish  Ambassador's, 
and  that  he  was  then  taken  to  Paris,  employed  by  Spain  to  settle 
her  boundaries  with  France  on  the  PjTenees.  He  has  much  the  air 
of  candor,  but  that  can  be  borrowed,  so  that  I  was  not  able  to  decide 
about  him  in  my  own  mind. 

Led  by  a  unity  of  subject,  and  a  desire  to  give  Congress  as 
general  a  view  of  the  dispositions  of  our  southern  countrymen  as  my 
infomiation  enables  me,  I  will  add  an  article  which,  old  and  insulated, 
I  did  not  think  important  enough  to  mention  at  the  time  I  received 
it.  You  will  remember,  sir,  that  during  the  late  war,  the  British 
papers  often  gave  details  of  a  rebellion  in  Peru ;  the  character  of 
those  papers  discredited  the  information,  but  the  truth  was  that  the 
insurrections  were  so  general  that  the  ev^ent  was  long  on  the  poise. 
Had  Commodore  Johnson,  then  expected  on  that  coast,  touched  and 
landed  there  two  thousand  men,  the  dominion  of  Spain  in  that 
country  was  at  an  end  ;  they  only  wanted  a  point  of  union,  which 
this  body  would  have  constituted ;  not  having  this,  they  acted 
without  concert,  and  were  at  length  subdued  separately.  This  con- 
flagration was  quenched  in  blood,  two  hundred  thousand  souls  on 
both  sides  having  perished,  but  the  remaining  matter  is  very  capable 
of  combustion.     I  have  this  information  from  a  person  who  was  on 


52  THOMAS  JEFFERSON— JOHN  JAY. 

tlie  spot  at  the  time,  and  whose  good  faith,  understanding,  and  means 
of  information,  leave  no  doubt  of  the  fiicts  ;  he  observed,  however, 
that  the  numbers  above  supposed  to  have  perished  were  on  such 
conjectures  only  as  he  could  collect. 

I  trouble  Congress  with  these  details,  because,  however  distant  we 
may  be,  both  in  condition  and  dispositions,  from  taking  an  active 
part  in  any  commotions  in  that  country,  nature  has  placed  it  too 
near  us  to  make  its  movements  altogether  indifferent  to  our  interests 
or  to  our  curiosity. 

I  hear  of  another  arret  of  this  Court,  increasing  the  duties  on 
foreign  stock  fish,  and  the  premiums  on  their  own,  imported  into 
their  islands,  but  not  having  yet  seen  it,  I  can  say  nothing  certain 
on  it.  I  am  in  hopes  the  effect  of  this  policy  will  be  defeated  by 
the  practice  which  I  am  told  takes  place  on  the  bank  of  Newfound- 
land, of  putting  our  fish  into  the  French  fishing  boats,  and  the  parties 
sharing  the  premium,  instead  of  ours  paying  the  duty. 

I  am  in  hopes  Mr.  Short  will  be  able  to  send  you  the  medals  of 
General  Gates  by  this  packet.  I  await  a  general  instruction  as  to 
these  medals.  The  academies  of  Europe  will  be  much  gratified  to 
receive  each  a  set. 

I  propose  to  set  out  the  day  after  to-morrow  for  Bordeaux,  (by 
the  canal  of  Languedoc,)  Nantes,  L'Orient,  and  Paris. 

I  have  the  honor  to  be,  he,  Til :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    WILLIAM    CARMICHAEL. 

Pnris,  June  14,  1787. 

Dear  Sir, 
Having  got  back  to  l*aris  three  days  ago,  I  resume  immediately 
the  correspondence  with  which  you  have  been  pleased  to  honor  me. 
I  wish  1  couhl  have  begun  it  witli  more  agreeable  information  than 
that  fiiniishcd  me  by  M.  (irand,  that  the  fiinds  of  the  United  Slates 
here  aro  exhausted,  and  hi(ns(;lf  considerably  in  advance;  and  Ity 
the  Hoard  of  'JVeasury  at  New  York,  tliat  lliey  have  no  immediate 
prospect  of  furnisjjing  supphes.  We  are  thus  left  to  shift  for  our- 
selves^ without  previous  warning.     As  soon  as  they  shall  replenish 


DIPLOMATIC  CORRESPONDENCE.  53 

IMr.  Grand's  hands,  I  will  give  you  notice,  that  you  may  recommence 
your  usual  drafts  on  him  ;  unless  the  Board  should  provide  a  separate 
fund  for  you,  dependant  on  yourself  alone,  which  I  strongly  and 
repeatedly  pressed  on  them,  in  order  to  remove  the  indecency  of 
suffering  your  drafts  to  pass  through  any  intermediate  hand  for 
payment. 

My  letters  from  America  come  down  to  the  21th  of  April.  The 
disturbances  in  the  eastern  States  were  entirely  settled.  I  do  not 
learn  that  the  Government  had  made  any  examples.  Mr.  Hancock's 
health  being  reestablished,  the  want  of  which  had  occasioned  him  to 
resign  the  Government  of  Massachusetts,  he  has  been  reelected,  to 
the  exclusion  of  Governor  JBowdoin.  New  York  still  refuses  to  pass 
the  impost  in  any  form,  and  were  she  to  pass  it,  Pennsylvania  will 
not  uncouple  it  from  the  supplementary  funds.  These  two  States, 
and  Virginia,  are  the  only  ones,  my  letter  says,  which  have  paid 
any  thing  into  the  Continental  Treasury  for  a  twelve  month  past.  I 
send  you  a  copy  of  a  circular  letter  from  Congress  to  the  several 
States,  insisting  on  their  removing  all  obstructions  to  the  recovery  of 
British  debts.  This  was  hurried,  that  it  might  be  delivered  to  the 
Assembly  of  New  York  before  they  rose.  It  was  delivered,  but  they 
did  nothing  in  consequence  of  it.  The  Convention  to  be  assembled 
at  Philadelphia  will  be  an  able  one.  Ten  States  were  known  to 
have  appointed  delegates.  Massachusetts  was  about  to  appoint ; 
Connecticut  was  doubtful ;  and  Rhode  Island  had  refused.  We  are 
sure,  however,  of  eleven  States.  South  Carolina  has  prohibited  the 
importation  of  slaves  for  three  years ;  which  is  a  step  towards  a 
perpetual  prohibition.  Between  six  and  seven  hundred  thousand 
acres  of  land  are  actually  surveyed  into  townships,  and  the  sales  are 
to  begin  immediately.  They  are  not  to  be  sold  for  less  than  a  dollar 
the  acre,  in  public  certificates.  1  wrote  you  from  Bordeaux,  on  the 
subject  of  Colonel  Smith.  I  was  sorry  I  missed  him  there,  for  other 
reasons  as  well  as  from  a  curiosity  to  know  his  errand.  Tlie 
Notables  have  laid  the  foundation  for  much  good  here ;  you  have 
seen  it  detailed  in  the  public  papers.  The  Prince  of  Wales  is  likely 
to  recover  from  his  illness,  which  was  very  threatening.  It  is  feared 
that  three  powers  have  combined  to  lift  the  Prince  of  Orange  out  of 
his  difficulties.  Hav-e  you  yet  the  cypher  of  which  I  formerly  wrote 
to  you,  or  any  copy  of  it  ? 

I  am,  &:c.,  Til:  JEFFERSON. 


54  THOMAS  JEFFERSOX-JOHX  JAY. 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  June  21,  1787. 

Sir, 

I  had  the  honor  of  addressing  you  in  a  letter  of  ]May  4th,  from 
Marseilles,  which  was  to  have  gone  by  the  last  packet,  but  it  arrived 
a  few  hours  too  late  for  that  conveyance,  and  has  been  committed  to 
a  private  one  passing  through  England,  with  a  promise  that  it  should 
go  through  no  post  office. 

I  was  desirous,  while  at  the  sea-ports,  to  obtain  a  list  of  the  Ameri- 
can vessels  which  have  come  to  them  since  the  peace,  in  order  to 
estimate  their  comparative  importance  to  us,  as  well  as  the  general 
amount  of  our  commerce  with  this  country,  so  far  as  carried  on  in 
our  own  bottoms.  At  ^Marseilles  I  found  there  had  been  thirty-two 
since  that  period ;  at  Cette,  not  a  single  one ;  at  Bayonne,  one  of 
our  free  ports,  only  one.  This  last  article  I  learnt  from  other  inform- 
ation, not  having  visited  that  place,  as  it  would  have  been  a  deviation 
from  my  route  too  considerable  for  the  importance  of  the  object. 
At  Bordeaux,  Nantes,  and  L'Orient  I  could  not  obtain  lists  in  the 
moment,  but  am  in  hopes  I  shall  be  able  to  get  them  ere  long. 
Though  more  important  to  us,  they  will  probably  be  more  imperfect 
than  that  of  INIarseilles.  At  Nantes  I  began  with  Mr.  Dobree  an 
arrangement  of  his  claims.  I  visited  the  military  stores  which  have 
been  detained  there  so  long,  opened  some  boxes  of  each  kind,  and 
found  the  state  of  their  contents  nmch  better  than  had  been  repre- 
sented. An  exact  list  of  the  articles  is  to  be  sent  me.  In  the 
meantime  the  following  is  near  the  truth :  24  cases  of  gun-locks ;  6 
cases  of  gun-barrels ;  65  cases  of  old  bayonets ;  locks  and  furniture 
of  3,100  fire-arms  of  various  kinds,  taken  from  the  peasants  of  Bor- 
deaux when  they  were  deprived  of  the  droit  dc  chassc,  and  purchased 
by  Mr.  Deane — the  above  are  broken,  eaten  up  with  rust,  and  worth 
nothing;  15,000  j)ieces  of  walnut  for  gun-stocks,  very  good;  30 
cases  of  muskets  from  Holland,  about  27  in  each  chest,  say  about 
700  muskets  with  their  bayonets,  good  of  their  form,  but  not  of  the 
best  fonn,  in  such  condition  that  they  will  need  only  such  a  cleaning 
as  the  soldier  himself  can  give;  21  cases  of  sabres,  from  Holland, 
about  03  in  each  case,  say  about  1,300  in  good  condition  ;  18  hogs- 
heads of  gim-flints  ;  10  anchors,  weighing  in  the  whole  about  21,500 
lbs.     But  we  must  deduct  about  one  fifth  from  the  muskets  and 


J 


DIPLOMATIC  CORRESPONDENCE.  55 

sabres,  because  there  arc  in  the  warehouses  five  tiers  ol  cases,  the 
bottom  one  of  which  having  been  partly  under  water  during  an 
inundation  of  the  Loire,  that  whole  tier  may  be  considered  as  lost. 
Another  deduction  will  be  warehouse  rent,  600  liv.  a  year  from  the 
year  1782.  Still  they  remain  an  object  of  too  much  value  to  be 
abandoned,  if  they  can  be  withdrawn  by  mutual  consent,  without 
any  notice  of  their  having  been  in  the  hands  of  justice.  Mr.  Dobree 
appears  to  be  so  reasonable  that  I  am  in  hopes  this  may  be  done. 
The  importations  into  L'Orient  of  other  fish  oils  besides  those  of  the 
whale,  brought  to  my  notice  there  a  defect  in  the  letter  of  M.  de 
Calonne  of  October  22,  which  letter  was  formerly  communicated  to 
you.  In  that  whale  oil  only  was  named ;  the  other  fish  oils,  therefore, 
have  continued  to  pay  the  old  duties.  In  a  conference  with  Mons. 
de  Villedeuil,  the  present  Comptroller  General,  since  my  return, 
I  proposed  the  extending  the  exemption  to  all  fish  oils,  according  to 
the  letter  of  the  Hanseatic  treaty,  which  had  formed  the  basis  of  the 
regulations  respecting  us.  I  think  this  will  be  agreed  to.  The  delays 
of  office  first,  the  illness  of  M.  de  Calonne,  and  lastly  his  removal, 
and  the  throng  of  business  occasioned  by  the  Assemblce  des  JSotables, 
have  prevented  the  reducing  the  substance  of  the  letter  into  the  form 
of  an  arret  as  yet,  though  I  continued  soliciting  it  as  much  as 
circumstances  would  bear.  I  am  now  promised  that  it  shall  be  done 
immediately,  and  that  it  shall  be  so  far  retrospective  as  to  the  date 
of  the  letter  as  that  all  duties  paid  since  that  shall  be  refunded. 

Though  we  are  too  little  concerned  in  the  proceedings  of  the 
Assemblee  des  N^otables  to  render  minute  details  of  them  desirable  to 
Congress,  yet  I  suppose  a  general  view,  now  that  the  Assembly  is 
closed  and  their  measures  fixed,  may  be  acceptable. 

The  deficiency  of  the  public  revenues  compared  with  the  public 
expenses,  was  become  so  considerable  that  it  was  evident  some  of 
the  wheels  of  Government  must  stop  unless  they  could  be  relieved. 
Continual  borrowings  in  time  of  profound  peace  could  not  be  pro- 
posed, and  a  new  tax,  under  the  same  circumstances,  might  crush 
the  iSIinister,  unless  he  could  procure  a  powerful  support.  He  pro- 
posed, therefore,  the  calling  an  Assemblee  des  Notables;  he  proffered 
them  an  universal  redress  of  grievance,  laid  open  those  grievances 
fully,  pointed  out  sound  remedies ;  and  covering  his  canvass  with 
objects  of  this  magnitude,  the  demand  of  money  became  a  little 
accessary,  scarcely  attracting  attention.     The  persons  chosen  were 


56  THOMAS  JEFFERSON— JOHN  JAY. 

the  most  able  and  independent  characters  in  the  kingdom,  and  their 
support,  if  it  conld  be  obtained,  would  be  enough  for  him.  They 
improved  the  occasion  of  redressing  their  grievances,  and  agreed  that 
the  public  wants  should  be  relieved,  but  went  into  an  examination  of 
the  causes  of  them.  It  is  supposed  IMonsieur  de  Calonne  was  con- 
scious his  accounts  could  not  bear  examination ;  and  it  is  said  and 
believed  that  he  asked  of  the  King  to  send  four  members  to  the 
Bastile,  of  whom  the  Marquis  de  la  Fayette  was  one,  to  banish 
twenty  others  and  two  of  his  Ministers.  The  King  found  it  shorter 
to  banish  him.  His  successor  went  on  in  full  concert  with  the 
Assembly.  Tiic  result  has  been  an  augmentation  in  the  revenue,  a 
promise  of  economies  in  its  expenditure,  of  an  annual  settlement  of 
the  public  accounts  before  a  council,  which  the  Comptroller,  having 
been  heretofore  obliged  to  settle  only  with  the  King  in  person,  of 
course  never  settled  at  all;  of  the  abolition  of  the  Corvees ;  reforma- 
tion of  the  Gabelles ;  suppression  of  interior  custom-houses ;  free 
commerce  of  grain,  internal  and  external ;  and  the  establishment  of 
Provincial  Assemblies ;  which,  altogether,  constitute  a  vast  mass  of 
improvement  in  the  condition  of  this  nation.  The  establishment  of 
Provincial  Assemblies  is  a  fundamental  improvement.  They  will  be 
of  the  choice  of  the  people,  one  third  renewed  every  year.  In  those 
provinces  where  there  are  no  States,  that  is  to  say,  over  about  three 
fourths  of  the  kingdom,  they  will  be  partly  an  executive  themselves, 
partly  an  executive  council  to  the  Intendant,  to  whom  the  executive 
power  in  his  province  has  been  heretofore  entirely  delegated.  Chosen 
by  the  people,  they  will  soften  the  execution  of  hard  laws ;  and 
having  a  right  of  representation  to  King,  they  will  censure  bad  laws, 
suggest  good  ones,  expose  abuses  ;  and  their  representations,  when 
united,  will  command  respect.  To  the  other  advantages  may  be 
added  the  precedent  itself  of  calling  the  Assembly  of  Notables, 
which  may  ])('rlia|)s  grow  into  habit.  The;  hopo  is,  that  the  im|)rove- 
ments  thus  promised  will  be  rarrird  intf)  ('(reel,  llial  iIk  y  will  be 
niaiiitain(!d  during  the  present  reign,  and  llial  will  be  long  enough 
for  them  to  take  some  root  in  the  constituiion,  so  as  they  may  become 
to  be  considered  a  ]);irl  of  that,  and  be  protected  by  time  and  the 
atlaeliinent  of  the  nation.  The  new  accession  of  the  Ministry  is 
valued  here ;  good  is  hoped  from  the  Archbishop  of  Thoulouse,  who 
succeeds  the  Count  do  Vcrgenncs  as  Chrf  du  Conscil  dc  Finance. 
M.  de  Villedenil,  the  Comptroller  (ieneral,  has  been  aj)})rove(l  by 


DIPLOMATIC  CORRESPONDENCE.  57 

the  public  in  ofTiccs  he  lias  heretofore  exercised.  The  Duke  do 
INivernois,  called  to  the  Council,  is  reckoned  good,  an  able  man,  and 
M.  do  IMalshcrbes,  called  to  the  Council,  is  unquestionably  the  first 
character  in  the  kingdom  for  integrity,  patriotism,  knowledge,  and 
experience  in  business.  There  is  a  fear  that  the  IMareschal  de 
Castries  is  disposed  to  retire. 

The  face  of  things  in  Europe  is  a  little  turbid  at  present,  but 
probably  all  will  subside.  The  Empress  of  Russia,  it  is  supposed, 
will  not  push  her  pretensions  against  the  Turks  to  actual  war, 
weighing  the  fondness  of  the  Emperor  for  innovation  against  his 
want  of  persev^erance.  It  is  difficult  to  calculate  what  he  will  do 
with  his  discontented  subjects  in  Brabant  and  Flanders.  If  these 
provinces  alone  were  concerned,  he  would  probably  give  back  ;  but 
this  would  induce  an  opposition  to  his  plans  in  all  his  other 
dominions.  Perhaps  he  may  be  able  to  find  a  compromise.  The 
cause  of  the  patriots  in  Holland  is  a  little  clouded  at  present. 
England  and  Prussia  seem  disposed  to  interpose  effectually.  The 
former  has  actually  ordered  a  fleet  of  six  sail  of  the  line  northwardly 
under  Gore,  and  the  latter  threatens  to  put  his  troops  into  motion. 
The  danger  of  losing  such  a  weight  in  their  scale  as  that  of  Prussia 
would  occasion  this  Court  to  prefer  conciliation  to  war ;  add  to  this 
the  distress  of  their  finances,  and  perhaps  not  so  warm  a  zeal  in  tho 
new  ^Ministry  for  the  innovations  of  Holland.  I  hardly  believe  they 
will  think  it  wordi  while  to  purchase  the  change  of  constitution 
proposed  there  at  the  expense  of  a  war.  But  of  these  things  you 
will  receive  more  particular  and  more  certain  details  from  jMr. 
Dumas,  to  whom  they  belong. 

Mr.  Eden  is  appointed  Ambassador  from  England  to  Madrid.  To 
the  hatred  borne  us  by  his  Court  and  country,  is  added  a  recollection 
of  the  circumstances  of  the  unsuccessful  embassy  to  America,  of 
which  he  made  a  part ;  so  that  I  think  he  will  carry  to  jMadrid 
dispositions  to  do  us  all  the  ill  he  can. 

The  late  change  in  the  Ministry  is  very  favorable  to  the  prospects 
of  the  Chevalier  de  la  Luzerne  ;  the  Count  de  Montmorin,  IMonsicur 
do  Malshcrbes,  and  INIonsieur  de  Lamoignon,  the  Garde  dcs  Sccaiix, 
are  his  near  relations.  Probably  something  will  be  done  for  him 
without  delay.  The  promise  of  the  former  administration  to  the 
Count  de  Moustier  to  succeed  to  his  vacancy,  should  it  take  place, 
will  probably  be  performed  by  the  present  one. 


58  THOMAS  JEFFERSON— JOHN  JAY. 

Mr.  Barclay  has  probably  informed  you  of  his  having  been 
arrested  in  Bordeaux,  for  a  debt  contracted  in  the  way  of  his 
commerce.  He  innnediately  applied  to  the  Parliament  of  that 
place,  who  ordered  his  discharge.  This  took  place  after  five  days' 
actual  imprisonment.  I  arrived  at  Bordeaux  a  few  days  after  his 
liberation.  As  the  Procureur  General  of  the  Kins;  had  interested 
himself  to  obtain  it  with  uncommon  zeal,  and  that  too  on  public 
principles,  I  thought  it  my  duty  to  wait  on  him,  and  return  him  my 
thanks.  I  did  the  same  to  the  President  of  the  Parliament,  for  the 
body  over  which  he  presided.  What  would  have  been  an  insult  in 
America  being  an  indispensable  duty  here.  You  will  see  by  the 
enclosed  printed  paper  on  what  ground  the  Procureur  insisted  on 
Mr.  Barclay's  liberation ;  those  on  which  the  Parliament  ordered  it 
are  not  expressed.  On  my  arrival  here  I  spoke  with  the  Minister 
on  the  subject.  He  observed  that  the  character  of  Consul  is  no 
protection  in  this  country  against  process  for  debt ;  that,  as  to  the 
character  with  which  Mr.  Barclay  had  been  invested  at  the  Court  of 
Morocco,  it  was  questionable  whether  it  could  be  placed  on  the 
diplomatic  line,  as  it  had  not  been  derived  immediately  from  Con- 
gress ;  that,  if  it  were,  it  would  have  covered  him  to  Paris  only, 
where  he  had  received  his  commission,  had  he  proceeded  directly 
thither  ;  but  that  his  long  stay  at  Bordeaux  must  be  considered  as 
terminating  it  there.  I  observed  to  him  that  IMr.  Barclay  had  been 
arrested  almost  immediately  on  his  arrival  at  Bordeaux  ;  but  he  says 
that  arrest  was  made  void  by  the  Parliament,  and  still  he  has  con- 
tinued there  several  weeks.  True,  I  replied,  but  his  adversaries 
declared  they  would  arrest  him  again  the  moment  he  should  be  out 
of  the  jurisdiction  of  the  Parliament  of  Bordeaux,  and  have  actually 
engaged  the  Marcchausav.c  on  the  road  to  tlo  it.  This  seemed  to 
impress  him  ;  he  said  he  could  obtain  a  letter  of  sauf  conduit,  which 
would  protect  him  to  Paris,  but  that  innnediately  on  his  arrival  here 
he  would  be  liable  to  arrest.  I  asked  him  if  such  a  letter  could  not 
be  obtained  to  j)rotect  him  to  Paris  and  back  to  Bordeaux,  and  even 
to  Amerira  "r  He  said,  that  for  that  th(!  consent  of  the  grt^ater  part 
of  his  creditors  would  he  necessary,  and  cvrn  with  this  it  was  very 
doubtful  whether  it  could  be  obtained.  Still,  if  i  would  furnish  him 
with  that  consent,  he  would  do  what  should  depend  on  him.  I  am 
persuaded  he  will,  and  have  written  to  .Mr.  JJarclay  to  obtain  the 
consent  of  his  creditors.     This  is  the  footing  on  which  this  matter 


DIPLOMATIC  CORRESPONDENCE.  59 

Stands  at  present.  I  have  stated  it  thus  particularly  that  you  may 
know  the  trutii,  which  will  probably  be  misrepresented  in  the  English 
papers  to  the  prejudice  of  Mr.  Barclay.  This  matter  has  been  a  great 
affliction  to  him,  but  no  dishonor,  where  its  true  state  is  known. 
Indeed,  he  is  incapable  of  doing  anything  not  strictly  honorable. 

In  a  letter  of  August  30th,  1785,  I  had  the  honor  of  mentioning 
lo  you  what  had  passed  here  on  the  subject  of  a  convention  for  the 
regulation  of  the  two  post  offices.  I  now  enclose  you  a  letter  from 
the  Baron  Dogny,  who  is  at  the  head  of  that  department,  which 
shows  that  he  still  expects  some  arrangements.  I  have  heard  it  said 
that  M.  de  Crevecoeur  is  authorized  to  treat  on  this  subject.  You 
doubtless  know  if  this  be  true.  The  articles  may  certainly  be  better 
adjusted  there  than  here.  This  letter  from  the  Baron  Dogny  was  in 
consequence  of  an  application  from  a  servant  of  mine,  during  my 
absence,  which  would  not  have  been  made  had  I  been  here  ;  nor  will 
it  be  repeated,  it  being  my  opinion  and  practice  to  pay  small  sums 
of  money  rather  than  to  ask  favors. 

I  have  the  honor  to  enclose  you,  also,  copies  of  a  letter  and  papers 
from  the  M.  de  Castries,  on  the  claim  of  an  individual  against  the 
State  of  South  Carolina,  for  services  performed  on  board  the  Indian; 
and  the  petition  of  another  on  a  like  claim ;  also,  copies  of  letters 
received  from  O'Bryen,  at  Algiers,  and  from  Mr.  Lamb.  A  letter 
of  the  26th  of  May,  from  Mr.  INIontgomery,  at  Alicant,  informs  me 
that  by  a  vessel  arrived  at  Carthagena  from  Algiers,  they  learn  the 
death  of  the  Dey  of  that  Republic  ;  yet,  as  we  hear  nothing  of  it 
through  any  other  channel,  it  may  be  doubted.  It  escaped  me  at 
the  time  of  my  departure  to  x\ix  to  make  arrangements  for  sending 
you  the  gazettes  regularly  by  the  packets.  The  whole  are  now 
sent,  though  a  great  part  of  them  are  so  old  as  not  to  be  worth 
perusal.     Your  favor  of  April  24th  has  been  duly  received. 

I  have  the  honor  to  be,  &c.,  TH  :  JEFFERSON. 


FROM    JOHN    LAMB    TO    THOMAS    JEFFERSON. 

Alicant  Bay,  May  20,  1787. 

I  received  your  Excellency's  letter  concerning  the  cypher.  The 
vessel  that  I  am  in  here  is  bound  to  America,  and  does  not  take 
practique ;  and  all  papers  are  so  defaced  with  vinegar  that  it  will 


GO  THOxMAS  JEFFERSON— JOHN  JAY. 

be  impossible  to  get  the  cypher  sound  to  hands  where  it  is  ordered ; 
therefore  I  must  deliver  the  same  to  Congress,  who  can  dispose  of  it 
at  their  pleasure.  I  am  unhappy  it  is  so  circumstanced.  I  hope 
by  this  time  that  your  Excellency  is  fully  persuaded  of  the  villany  of 
that  man  D'Espilly,  whom  I  have  often  warned  you  of  before  this. 
His  letters  have  been  too  freely  handed  to  your  Excellency,  and 
to  Congress  likewise,  for  the  benefit  of  our  peace  at  Algiers.  I  most 
heartily  hope  Congress  will  not  be  led  to  thank  a  man  who  was 
turned  out  of  Algiers  for  the  most  atrocious  crimes,  and  some  say 
confined  at  present,  and  of  which  I  doubt  not  the  truth.  If  your 
Excellency  can  come  at  the  truth  from  ]Madrid,  I  am  of  opinion  that 
you  will  think  as  I  do  on  the  subject.  I  add  that  we  have  not  had 
a  worse  enemy  than  the  abovementioned  D'Espilly.  How  far  he 
deceived  Mr.  Carmichael,  whilst  he  was  holding  him  up  to  our 
public  view,  I  cannot  pretend  to  say ;  but  Mr.  Carmichael  was  not 
deceived  in  the  man.  He  had  a  desire  to  baffle  my  efforts,  whilst 
on  my  late  mission,  to  make  room  for  a  more  favorable  plan.  I  can 
give  your  Excellency  no  news  at  present,  but  that  the  number  of 
our  wretched  people  in  Algiers  is  reduced  by  the  plague.  Unhappy 
men,  indeed  !  I  have  had  a  very  disagreeable  winter,  but  am  some- 
thing recruited.  I  hope  to  be  at  Congress  by  the  beginning  of 
August  next.  I  am  exceedingly  sorry  that  Mr.  Barclay  missed  me. 
He  writes  me  that  he  had  authority  to  settle  my  accounts. 

I  am,  &:c.;  JOHN  LAMB. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

Now  York,  Soptombcr  8,  1787 
Dear  Sir, 

I  had  flattered  myself  that  Chevalier  Jones  would  have  been 
prepared  to  go  in  the  French  j)acket,  which  is  to  sail  the  day  after 
to-morrow ;  but  cert:iin  circumstances  make  it  necessary  for  him  to 
postpone  his  dcpartunr  to  some  future  opportunity.  It  seems  also 
that  Mr.  Jarvis,  wIkj  had  given  me  notice;  of  his  int(Mition  of  taking 
his  j)assage  in  th*;  jjacket,  finds  it  convenient  to  remain  here  until 
tlif  first  of  next  mf)ntli. 

On  the  i^Tlii  July  last  1  had  the  honor  of  writing  you  that  further 
despatches  on  subjects  touch(!(l  in  your  letters  would  be  transmitted, 
and  I  flatter  myself  that  the  reasons  which  have  hitherto  delayed 


DIPLOMATIC  CORRESPONDENCE.  61 

them  will  soon  cease.  Your  letters  of  the  4th  May  and  2 1st  June 
have  since  arrived,  and  been  communicated  to  the  President  of 
Congress.  Since  their  arrival  a  quorum  of  the  States  has  not  been 
represented,  so  that  as  yet  they  have  not  been  laid  before  Congress, 
and  consequently  have  not  given  occasion  to  any  acts  or  instructions. 
I  read  them  with  pleasure,  for  in  my  opinion  they  do  honor  to  the 
writer. 

You  will  find,  herewith  enclosed,  an  act  of  Congress  of  the  27th 
July,  containing  the  instructions  you  requested  respecting  the  medals; 
and  also  a  copy  of  a  letter  from  me  to  the  President  of  Congress, 
covering  one  I  had  received  from  the  Governor  of  Rhode  Island 
."especting  the  seizure  and  condemnation  of  a  vessel  of  that  State  at 
Tobago.  These  papers  speak  for  themselves,  and  therefore  do  not 
require  explanation  or  comments.  The  enclosed  letter  for  jMr. 
Pauly  is  from  General  Varnuni  on  that  subject. 

The  convention  will  probably  rise  next  week,  and  their  proceed- 
ings will  probably  cause,  not  only  much  consideration,  but  also 
much  discussion,  debate,  and  perhaps  heat ;  for  as  docti  indoctique 
scribimus  so  docti  indoctique,  disinterested  patriots  and  interested 
politicians  will  sit  in  council  and  in  judgment,  both  within  and 
without  doors.  There  is,  nevertheless,  a  degree  of  intelligence  and 
information  in  the  mass  of  our  people,  which  affords  much  room  for 
hope  that  by  degrees  our  affairs  wmU  assume  a  more  consistent  and 
pleasing  aspect.  For  my  own  part  I  have  long  found  myself  in  an 
awkward  situation,  seeing  much  to  be  done,  and  enabled  to  do  very 
little.  All  we  can  do  is  to  persevere.  If  good  results  our  labor 
will  not  be  in  vain  ;  if  not,  we  shall  have  done  our  duty,  and  that 
reflection  is  valuable. 

With  the  best  wishes  for  your  health  and  happiness,  and  with 
very  sincere  esteem  and  regard,  I  am,  with  great  respect,  k,c., 

JOHN  JAY. 


Report  of  John  Jay  to  Congress. 

Office  for  Foreign  AlTixirs,  October  12,  1787. 
The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  refened  a  letter  of  21st  June  last  from  INIr. 
Jefferson,  respecting  the  arrest  of  the  American  Consul  in  France, 
the  proposed  Post  Office  convention,  and  the  claims  of  certain 
individuals  against  South  Carolina,  reports : 


62  THOMAS  JEFFERSON-JOHN  JAY. 

That  his  report  of  the  26th  September  last  on  the  petition  of 
Messrs.  French  and  Nephew,  at  whose  suit  the  Consul  was  arrested, 
expresses  the  opinion  of  your  Secretary  on  the  legality  of  that  arrest; 
and  he  still  thinks  that  no  Consuls  should  be  exempt  from  suits  and 
arrests  for  their  own  proper  debts. 

But  as  the  arrest  and  imprisonment  of  an  American  Consul 
General  is  a  circumstance  which  must  hurt  the  feelings  of  the  United 
States,  and  in  some  degree  wound  their  dignity,  it  may  be  proper  to 
inquire  what  measures  it  would  be  proper  to  take  on  this  occasion. 

He  thinks  it  would  be  advisable  to  pass  the  resolution  recommended 
in  the  abovementioned  reports,  declaring  diat  all  American  Consuls  in 
foreign  parts,  and  all  foreign  Consuls  here  are  liable  to  arrests,  &;c. 

That  your  Secretary  should,  in  an  informal  manner,  intimate  to 
the  Consul  General  in  question  that  his  arrest  and  imprisonment 
have  given  Congress  much  concern,  both  on  his  account  and  that  of 
the  United  States.  That  they  wish  he  would  endeavor  so  to  settle 
with  his  creditors,  as  that  he  may  return  to  France  early  in  the 
spring  without  any  risk  of  the  like  treatment  in  future.  That, 
although  his  character  and  services  will  always  induce  Congress  to 
regret  every  circumstance  that  may  hurt  either  his  feelings  or  his 
fortune,  yet  that  the  respect  duo  to  the  dignity  of  the  United  States 
has  also  strong  claims  to  their  attention  and  care. 

Your  Secretary  thinks  it  is  his  duty  to  inform  Congress  that,  as 
well  from  the  opinion  of  Mr.  Jefferson  as  from  other  circumstances, 
he  has  reason  to  believe  that  the  conduct  of  the  Consul  respecting 
his  creditors,  has  not  merited  the  harsh  treatment  ho  has  received 
from  them. 

As  to  the  proposed  Post  Office  convention,  your  Secretary  refers 
to  his  reports  of  the  21st  of  February  and  29th  March,  1786,  which 
an-  now  before  Congress. 

As  to  the  claims  of  certain  individuals  against  the  State  of  South 
Carolina,  your  Secretary  thinks  that  an  extract  from  Mr.  Jefferson's 
letter  on  that  subject,  together  with  copies  of  th<'  papers  which  he 
eiiclosod  relative  to  it,  should  be  transiniiied  to  the  Slate  of  South 
Carolina,  in  order  that  such  measures  may  thoreuiioii  he  taken  as  the 
good  faith  of  that  Stale,  and  ihe  justice  du(.'  lo  the  individuals  in 
(jueslion  may  appear  to  dictate. 

All  which  is  submitted  to  tho  wisdom  of  Congress. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  63 

FROM    THOMAS    JEFFERSON    TO    JOHN    ADAMS. 

Paris,  July  1,  1787. 
Sir, 

I  returiK'tl  about  three  weeks  ago  from  a  very  useless  voyage ; 
useless,  I  mean,  as  to  the  object  which  first  suggested  it,  that  of 
trying  "the  effect  of  the  mineral  waters  of  Aix,  in  Provence,  on  my 
hand.  I  tried  these,  because  recommended  among  six  or  eight 
others  as  equally  beneficial,  and  because  they  would  place  me  at  the 
beginning  of  a  tour  to  the  sea-ports  of  Marseilles,  Bordeaux,  Nantes, 
and  L'Orient,  which  I  had  long  meditated,  in  hopes  that  a  knowl- 
edge of  the  places  and  persons  concerned  in  our  commerce,  and  the 
information  to  be  got  from  them  might  enable  me  sometimes  to  be 
useful.  I  had  expected  to  satisfy  myself  at  Marseilles  of  the  causes 
of  the  difference  of  quality  between  the  rice  of  Carolina  and  that  of 
Piedmont,  which  is  brought  in  quantities  to  Marseilles.  Not  being 
able  to  do  it,  I  made  an  excursion  of  three  weeks  into  the  rice 
country  beyond  the  Alps,  going  through  it  from  Urcelli  to  Pavia, 
about  sixteen  miles.  I  found  the  difference  to  be,  not  in  the  man- 
agement, as  had  been  supposed  both  here  and  in  Carolina,  but  in  the 
species  of  rice ;  and  I  hope  to  enable  them,  in  Carolina,  to  begin  the 
cultivation  of  the  Piedmont  rice,  and  carry  it  on,  hand  in  hand,  with 
their  own,  that  they  may  supply  both  qualities,  which  is  absolutely 
necessary  at  this  market.  I  had  before  endeavored  to  lead  the  depot 
of  rice  from  Cowes  to  Honfleur,  and  hope  to  get  it  received  there  on 
such  terms  as  may  draw  that  branch  of  commerce  from  England  to 
this  countr)\  It  is  an  object  of  two  hundred  and  fifty  thousand 
guineas  a  year.  While  passing  through  the  towns  of  Turin,  INIilan, 
and  Genoa,  I  satisfied  myself  of  the  practicability  of  introducing  our 
whale  oil  for  their  consumption,  and  suppose  it  would  be  equally  so 
in  the  odier  great  cities  of  that  country.  I  was  sorry  that  1  was  not 
authorized  to  set  the  matter  on  foot.  The  merchants  with  whom  I 
chose  to  ask  conferences  met  me  freely,  and  communicated  fully, 
knowing  I  was  in  a  public  character.  I  could,  however,  only 
prepare  a  disposition  to  meet  our  oil  merchants.  On  the  article  of 
tobacco,  I  was  more  in  j)ossession  of  my  ground  ;  and  put  matters 
into  a  train  for  inducing  their  Government  to  draw  their  tobaccoes 
directly  from  the  United  States,  and  not,  as  heretofore,  from  Great 
Britain.  I  am  now  occupied  with  the  new  Ministry  here,  to  put  the 
concluding  hand  to  the  new  regulations  for  our  commerce  with  this 


64  THOMAS  JEFFERSON— JOHN  JAY. 

country,  announced  in  the  letter  of  INIonsieur  de  Calonne,  which  I 
sent  you  last  fall.  I  am  in  hopes,  in  addition  to  those,  to  ohtain  a 
suppression  of  the  duties  on  tar,  pitch,  and  turpentine,  and  an 
extension  of  the  privileges  of  American  xchaJp  oil,  to  \\\e\v  fish  oils  in 
general.  I  find  that  the  quantity  of  cod  fish  oil  brought  to  L'Orient 
is  considGrable.  This  being  got  off  hand,  (which  will  be  in-  a  few 
days,)  the  chicaneries  and  vexations  of  the  farmers  on  the  article  of 
tobacco,  and  their  elusions  of  the  order  of  Bernis,  called  for  the  next 
attention.  I  have  reasons  to  hope  good  dispositions  in  the  nev/ 
Ministry  towards  our  commerce  with  this  country.  Besides  en- 
deavoring, on  all  occasions,  to  multi])ly  the  points  of  contact  and 
connexion  with  this  country,  which  I  consider  as  our  surest  mainstay 
under  every  event,  I  have  had  it  much  at  heart  to  remove  from 
between  us  every  subject  of  misunderstanding  or  irritation.  Our 
debts  to  the  King,  to  the  officers,  and  the  farmers,  are  of  this 
description.  The  having  complied  with  no  part  of  our  engagements 
in  these,  draws  on  us  a  great  deal  of  censure,  and  occasioned  a 
language  in  the  Assemblee  des  Notables  very  likely  to  produce  dis- 
satisfaction between  us.  Dumas  being  on  the  spot  in  Holland,  I 
had  asked  of  him  some  time  ago,  in  confidence,  his  opinion  of  the 
practicability  of  transferring  these  debts  from  France  to  Holland, 
and  communicated  his  answer  to  Congress,  pressing  them  to  get  you 
to  go  over  to  Holland,  and  try  to  effect  this  business.  Your 
knowledge  of  the  ground  and  former  successes  occasioned  me  to 
take  the  liberty  without  consulting  you,  because  I  was  sure  you 
would  not  weigh  your  j)ersonal  trouble  against  public  good.  1  have 
had  no  answer  from  Congress ;  but  hearing  of  your  journey  to 
Holland,  have  hoped  that  some  money  operation  had  led  you  there. 
If  it  related  to  the  debts  of  this  country,  I  would  ask  a  communica- 
tion of  what  you  think  yourself  at  liberty  to  communicate,  as  it 
might  change  the  form  of  my  answers  to  the  eternal  applications  I 
receive.  The  ddjt  to  tlu;  officers  of  France  carries  an  interest  of 
about  two  thousand  guineas,  so  we  may  suppose  its  principal  is 
betw(.'en  thirty  and  forty  thousand.  This  makes  more  noise  against 
us  than  all  our  oilier  debts  piU  together. 

1  send  you  lh<'  (irril.s  which  begin  the  reformation  here,  and  some 
other  publications  n.-speding  America,  together  with  copies  of  letters 
received  from  O'Bryen  and  Lamb,  It  is  believed  that  a  naval 
armament  has  been  ordered  at  Brest,  in  correspondence  with  thai  of 


DIPLOMATIC  CORRESPONDENCE.  C5 

England.  We  know  certainly  that  orders  are  given  to  form  a  camp 
in  the  neighborhood  of  Brabant,  and  that  Count  Rochambeau  has 
the  connnand  of  it.  Its  amount  I  cannot  assert ;  report  says  fifteen 
thousand  men.     This  will  derange  the  plans  of  economy. 

I  take  the  liberty  of  putting  under  your  cover  a  letter  from  Mrs. 
Kinloch,  of  South  Carolina,  with  a  packet,  and  will  trouble  you  to 
inquire  for  her,  and  have  them  delivered.  The  packet  is  of  great 
consequence,  and  therefore  referred  to  her  care,  as  she  will  know  the 
safe  opportunities  of  conveying  it.  Should  you  not  be  able  to  find 
her,  and  can  forward  the  packet  to  its  address  by  any  safe  conveyance, 
I  will  beg  you  to  do  it. 

I  have  the  honor  to  be,  &c.,  TH :  JEFFERSON. 


FROM  THOMAS  JEFFERSON  TO  THOMAS  BARCLAY. 

Paris,  August  3,  1787. 
Sir, 

I  am  now  to  acknowledge  the  receipt  of  your  several  favors  of 
June  the  29th  and  July  the  6th  and  8th. 

I  am  of  opinion  that  the  afiair  of  Grand  and  Roland,  in  Holland, 
had  better  be  committed  to  M.  Dumas,  in  Holland,  as  lawsuits  must 
always  be  attended  to  by  some  person  on  the  spot.  For  the  same 
reason  I  think  that  of  La  Vayse  and  Puchelberg  should  be  managed 
by  the  agent  at  L'Orient,  and  Gruel's  by  the  agent  at  Nantes.  I 
shall  always  be  ready  to  assist  the  agents  at  L'Orient  and  Nantes,  in 
any  way  in  my  power ;  but  were  the  details  to  be  left  to  me,  they 
would  languish  necessarily,  on  account  of  my  distance  from  the 
place,  and  perhaps  suffer,  too,  for  want  of  verbal  consultations  with 
the  lawyers  entrusted  with  them.  You  are  now  with  Congress , 
and  can  take  their  orders  on  the  subject.  I  shall,  therefore,  do 
nothing  in  these  matters,  in  reliance  that  you  will  put  them  in  such 
channel  as  they  direct,  furnishing  the  necessary  documents  and 
explanations. 

With  respect  to  French's  affair,  being  perfectly  satisfied  myself,  I 

have  not  ceased,  nor  shall  1  cease,  entleavoring  to  satisfy  others  that 

your  conduct  has  been  that  of  an  honest  and  honorable  debtor,  and 

theirs  the  counterpart  of  Shylock  in   the  play.     I   enclose  you  a 

Vol.  K.— 5 


66  THOMAS  JEFFERSON-JOHN  JAV. 

letter,  containing  my  testimony  on  your  general  conduct,  which  I 
hav^e  wTitten  to  relieve  a  debt  of  justice  pressing  on  my  mind,  well 
knowing,  at  the  same  time,  you  will  not  stand  in  need  of  it  in 
America.  Your  conduct  is  too  well  known  to  Congress,  your  char- 
ecter  to  all  the  world,  to  need  any  testimonials. 

The  moment  I  close  my  despatches  for  the  packet,  which  will  be 
the  9th  instant,  I  shall,  with  great  pleasure,  go  to  pay  my  respects 
to  ^Irs.  Barclay,  at  St.  Germain's,  to  satisfy  her  on  the  subject  of 
your  transactions,  and  to  assure  her  that  my  resources  shall  be  hers 
as  long  as  I  have  any.  A  multitude  of  letters  to  write  prevents  my 
entering  into  the  field  of  public  news,  further  than  to  observe  that  it 
is  extremely  doubtful  whether  the  affairs  of  Holland  will  or  will  not 
produce  a  war  between  France  on  the  one  side,  and  England  and 
Prussia  on  the  other. 

I  beg  you  to  accept  assurances  of  the  sincere  esteem  and  respect, 
with  which  I  have  the  honor  to  be,  &:c., 

Til:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  August  6, 1787. 
Sir, 

The  last  letter  I  had  the  honor  of  addressing  you  was  dated  June 

21st.     1  have  now  that  of  enclosing  you  a  letter  from  the  Swedish 

Ambassador,  praying  that  inquiry  may  be  made  for  a  vessel  of  his 

nation   piratically  carried  ofl',  and    measures    taken  relative  to  the 

vessel,  cargo,  and  crew;  also,  a  letter  from  William  Russell  and 

others,  citizens  of  America,  concerned    in   trade   to   the   Island   of 

Cuadaloupo,  addressed  to  the  INIarcschal  de  Castries,  and  comi)lain- 

ing  of  the  shutting  to  them  the  port  of  Point-a-Petre,  and  receiving 

thf'in    only  at    Hasse-terre.      This  was    enclosed     to    me    by    the 

subscribers,  to  be  di-livercd   to  thi;  .Maroschal  de  Castries,  but  the 

present  is  not  the  moment  to  inov*;  in  thai  business,  and,  moreover, 

1  suppose  that  wbercver  parties  arc  within  the  n>ach  of  Congress, 

they  should  apply  to  them,  and  my  instructions  come  through  that 

channel.     Matters  arising  within  the  kingdom  of  France,  to  which 

my  commission  is  limited,  and  not  admitting  lim(^  to  take  the  orders 

<jf  Congress,  I  suppose   I  may  move  in  originally.     I  also  enclose 

you  a  copy  of  a  letter  from  Mr.  Jiarclay,  enclosing  his  proceedings  in 


DIPLOMATIC  CORRESPONDENCE.  Q-j 

our  affaii-s  with  IMorocco.  Before  this  reaches  you,  he  will  have  had 
tlie  honor  of  presenting  himself  to  you  in  person.  After  his  depar- 
ture, the  Parliament  of  Bordeaux  decided  that  he  was  liable  to  arrest. 
This  was  done  on  a  letter  from  the  Minister,  informing  them  that 
Mr.  Barclay  was  vested  with  no  character  which  privileged  him  from 
arrest.  His  constant  character  of  Consul  was  no  protection,  and 
they  did  not  explain  whether  his  character  to  Morocco  was  not 
originally  diplomatic  or  had  expired.  Mr.  Barclay's  proceedings 
under  this  commission  being  now  closed,  it  would  be  incumbent 
on  me  to  declare  with  respect  to  them,  as  well  as  his  consular 
transactions,  my  opinion  of  the  judgment,  zeal,  and  disinterestedness 
with  which  he  has  conducted  himself;  were  it  not  that  Congress 
has  been  so  possessed  of  those  transactions  from  time  to  time  as  to 
judge  for  themselves.  I  cannot  but  be  uneasy  lest  my  delay  of 
entering  on  the  subject  of  the  Consular  convention  may  be  disap- 
proved. My  hope  was  and  is  that  more  practicable  terms  might  be 
obtained.  In  this  hope  I  do  nothing  till  further  orders,  observing 
by  an  extract  from  the  journals  you  were  pleased  to  send  me  that 
Congress  have  referred  the  matter  to  your  consideration,  and  con- 
scious that  we  are  not  suffering  in  the  meantime,  as  we  have  not  a 
single  Consul  in  France  since  the  departure  of  Mr.  Barclay.  I 
mentioned  to  you  in  my  last  the  revival  of  the  hopes  of  the 
Chevalier  de  la  Luzerne.  I  thought  it  my  duty  to  remind  the 
Count  de  Montmorin  the  other  day  of  the  long  absence  of  their 
Minister  from  Congress.  He  told  me  the  Chevalier  de  la  Luzerne 
would  not  be  sent  back,  but  that  we  might  rely  that  in  the  month  of 
October  a  person  would  be  sent,  with  whom  we  should  be  content. 
He  did  not  name  the  person,  though  there  is  no  doubt  that  it  is  the 
Count  de  Moustier.  It  is  an  appointment  which,  according  to  the 
opinion  I  have  formed  of  him,  bids  as  fair  to  give  content  as  any  one 
which  could  be  made. 

I  also  mentioned  in  my  last  letter  that  I  had  proposed  the  reducing 
the  substance  of  M.deCalonne's  letter  into  tlie  form  of  an  crrc7  with 
some  alterations,  which  on  consultation  with  the  merchants  at  the 
different  ports  I  visited,  I  had  found  to  be  necessary.  I  received 
soon  after  a  letter  from  the  Comptroller  General,  informing  me  that 
the  letter  of  Monsieur  de  Calonne  was  in  a  course  of  execution.  Of 
this  I  enclose  you  a  copy.  I  was  in  that  moment  enclosing  to  him 
my  general  observations  on  that   letter,  a  copy  of  which  is  also 


68  THOMAS  JEFFERSOX— JOHN  JAY. 

enclosed;  in  this  I  stated  all  the  alterations  I  wished  to  have  made. 
It  became  expedient  soon  after  to  bring  on  the  article  of  tobacco, 
first  to  know  whether  the  Farmers  had  executed  the  orders  of  Bernis, 
and  also  to  prepare  some  arrangements  to  succeed  the  expiration  of 
this  order,  so  that  I  am  now  pursuing  the  whole  subject  of  our 
commerce. 

1st.  To  have  necessary  amendments  made  in  M.  de  Calonne's 
letter. 

2d.  To  put  it  into  a  more  stable  form. 

3d.  To  have  full  execution  of  the  order  of  Bernis. 

4th.  To  provide  arrangements  for  the  article  of  tobacco  after  that 
order  shall  be  expired. 

By  the  copy  of  my  letter  on  the  two  last  points,  you  will  perceive 
that  I  again  press  the  attention  of  the  farm  of  this  article ;  the  confer- 
ences on  that  subject  give  no  hope  of  effecting  that.  Some  poor 
palliative  is  probably  all  we  shall  obtain.  The  Marquis  de  la 
Fayette  goes  hand  in  hand  with  me  in  all  these  transactions,  and  is 
an  invaluable  auxiliary  to  me.  I  hope  it  will  not  be  imputed  either 
to  partiality  or  affectation  my  naming  this  gentleman  so  often  in  ray 
despatches.  Were  I  not  to  do  it,  it  would  be  a  suppression  of  truth, 
and  as  taking  to  myself  the  whole  merit  where  he  has  the  greatest 
share. 

The  Emperor,  on  his  return  to  Vienna,  discovered  the  concessions 
of  his  Governors  General  to  his  subjects  of  Brabant.  He,  at  the 
same  time,  proposed  their  sending  deputies  to  him  to  consult  on  their 
affairs.  They  refused  in  the  first  moment,  but  afterwards  nominated 
deputies  without  giving  them  any  power,  however,  to  concede  any- 
thing. In  the  meantime  they  are  arming  and  training  themselves. 
Probably  the  Emperor  will  avail  himself  of  the  aid  of  these  deputies 
to  tr(;a(l  back  his  st<'ps.  lie  will  be  the  more  j)ronii)t  to  do  this  that 
he  may  be  in  rcadint'ss  to  act  frci-jy  if  he  finds  occasion,  in  the  new 
scenes  prej)aring  in  IhjIlaiHJ.  AVhai  thc-icwill  he  cainiol  be  foreseen. 
You  well  know  that  the  original  p;irly  (Tuisions  of  that  country  were 
into  Stadtholderians,  Aristocrats,  and  Democrats.  There  was  a  sub- 
division of  the  Aristocrats  into  violent  and  moderate,  which  was 
important.  The  violent  Aristocrats  would  have  wished  to  preserve 
all  the  j)owers  of  government  in  the  hands  of  the  Regents,  and  that 
these  sJiould  nimain  self-elective,  but  choosing  to  receive  a  modifica- 
tion of  these  powers  from  the  Stadlholdcr  rather  than  from  the  people, 


DIPLOMATIC  CORRESPONDENCE.  (jg 

thoy  threw  them&olvcs  into  his  scale."  The  moderate  Aristocrats 
would  have  consented  to  a  temperate  mixture  of  Democracy,  and 
particularly  that  the  Regents  should  be  elected  by  the  people.  They 
were  tiie  declared  enemies  of  the  Stadtholder,  and  acted  in  concert 
with  the  Democrats,  forming  with  them  what  were  called  the  Patriots. 
It  is  the  opinion  of  dispassionate  people  on  the  spot,  that  their  views 
might  have  been  effected,  but  the  Democratic  party  aimed  at  more. 
They  talked  of  establishing  tribunes  of  the  people,  of  annual 
accounts,  of  depriving  the  magistrates  at  the  will  of  the  people,  &:c., 
of  enforcing  all  this  with  the  amis  in  the  hands  of  the  corps  francs, 
and  in  some  places,  as  at  Heusden,  Sprang,  Sic,  began  the  execu- 
tion of  these  projects.  The  moderate  Aristocrats  found  it  difficult  to 
strain  their  principles  to  this  pitch.  A  schism  took  place  between 
them  and  the  Democrats,  and  the  former  have  for  some  time  been 
dropping  off  from  the  latter  into  the  scale  of  the  Stadtholder.  This 
is  the  fatal  coalition  which  governs  without  obstacle  in  Zealand  Fries- 
land  and  Guelderland,  which  constitutes  the  States  of  Utrecht  and 
Amersfort,  and,  with  their  aid,  the  plurality  in  the  States  General. 
The  States  of  Holland,  Groningen,  and  Overyssel  vote,  as  yet,  in  the 
opposition  ;  but  the  coalition  gains  ground  in  the  States  of  Holland, 
and  has  been  prevalent  in  the  Council  of  Amsterdam.  If  its 
progress  be  not  stopped  by  a  little  moderation  in  the  Democrats,  it 
will  turn  the  scale  decidedly  in  favor  of  the  Stadtholder,  in  the  event 
of  their  being  left  to  themselves,  without  foreign  interference.  If 
foreign  Powers  interfere,  their  prospect  does  not  brighten.  I  see  no 
sure  friends  to  the  Patriots  but  France ;  while  Prussia  and  England 
are  their  assured  enemies.  Nor  is  it  probable  that  characters  so 
greedy,  so  enterprising,  as  the  Emperor  and  Empress,  will  be  idle 
during  such  a  struggle.  Their  views  have  long  shown  which  side 
they  would  take.  That  France  has  engaged  to  interfere  and  support 
the  patriots,  is  beyond  doubt.  This  engagement  was  entered  into 
during  the  life  of  the  late  King  of  Prussia,  whose  eye  was  princi- 
pally directed  on  the  Emperor,  and  whose  disposition  towards  the 
Prince  of  Orange  would  have  permitted  him  to  be  clipped  a  little 
close ;  but  the  present  King  comes  in  with  warmer  dispositions 
towards  the  Princess,  his  sister.  He  has  shewn  decidedly  that  he 
will  support  her,  even  to  the  destruction  of  the  balance  of  Europe, 
and  the  disturbance  of  its  peace.     The  King  of  England  has  equally 


70  THOMAS  JEFFERSON— JOHX  JAY. 

decided  to  support  that  House,  at  the  risk  of  plunging  his  nation 
into  another  war.  He  suppHes  the  Prince  with  money.  At  this 
moment  a  particular  remittance  of  one  hundred  and  twenty  tliousand 
guineas  is  known  of;  hut  his  Ministry  is  divided.  Pitt  is  against 
the  King's  opinion  ;  the  Duke  of  Richmond  and  the  rest  of  the 
Ministers  for  it,  or  at  least  such  is  the  belief  here.  iMr.  Adams  will 
have  informed  you  more  certainly.  This  division  in  the  English 
Ministry,  with  the  ill  condition  of  their  finances  for  the  war,  produce 
a  disposition,  even  in  the  King,  to  try  first  every  pacific  measure. 
And  that  country  and  this  were  laboring  jointly  to  stop  the  course  of 
hostilities  in  Holland,  to  endeavor  to  effect  an  accommodation,  and 
were  scarcely  executing  at  all  the  armaments  ordered  in  their  ports, 
when  all  of  a  sudden,  an  inflammatory  letter,  written  by  the  Princess 
of  Orange  to  the  King  of  Prussia,  induces  him,  without  consulting 
England,  without  consulting  even  his  own  council,  to  issue  orders  by 
himself,  to  his  Generals,  to  march  twenty  thousand  men  to  revenge 
the  insult  supposed  to  be  offered  to  his  sister.  With  a  pride  and 
egotism  planted  in  the  heart  of  every  King,  he  considers  her  being 
stopped  in  the  road  as  a  sufficient  cause  to  sacrifice  a  hundred  or 
two  thousand  of  his  own  subjects,  and  as  many  of  his  enemies,  and 
to  spread  fire,  sword,  and  desolation  over  the  half  of  Europe.  This 
liasty  measure  has  embarrassed  England,  undesirous  of  war,  if  it 
can  be  avoided,  yet  unwilling  to  separate  from  the  Power  who  is  to 
render  its  success  probable.  Still  you  may  be  assured  that  that 
Court  is  going  on  in  concurrence  with  this,  to  prevent  extremities  if 
possible,  always  understood  that  if  the  war  cannot  be  prevented, 
they  will  enter  into  it  as  parties,  and  in  opposition  to  one  another. 
This  event  is,  in  my  opinion,  to  be  deprecated  by  the  friends  of 
France.  Slio  never  was  equal  to  such  a  war  by  land,  and  such  a 
one  by  sea  ;  and  less  so  now  than  in  any  moment  of  tht-  present 
reign.  You  remember  that  the  nation  was  in  a  delirium  of  joy  on 
the  convocation  of  the  Notables,  and  on  the  various  reformations 
agreed  on  between  them  and  the  Govermnent.  Tiie  picture  of  the 
distress  of  their  finances  was,  indeed,  frightful ;  but  the  intentions  to 
reduce  them  to  order  seemed  serious.  The  constitutional  reforma- 
tions have  gone  on  well,  but  those  of  cx])enses  make  little  progress. 
Some  of  the  most  obviously  useless  iiave,  indeed,  been  lopped  off; 
but  the  remainder  is  a  heavy  mass,  difficult  to  be  reduced.     Despair 


DIPLOMATIC  CORRESPONDENCE.  71 

has  seized  every  mind,  and  they  have  passed  from  an  extreme  of 
joy  to  one  of  discontent.  The  Parhament,  therefore,  oppose  the 
registering  any  new  tax,  and  insist  on  an  assemhly  of  the  States 
General. 

The  object  of  this  is  to  hmit  the  expenses  and  dictate  a  constitu- 
tion. The  edict  for  the  stamp  tax  has  been  the  subject  of  reiterated 
orders  and  refusals  to  register;  at  length  the  King  has  summoned 
the  Parliament  to  Versailles,  to  hold  a  bed  of  justice,  in  which  he 
will  order  them  in  person  to  register  the  edict.  At  the  moment  of 
my  writing  they  are  gone  to  Versailles  for  this  purpose.  There  will 
yet  remain  to  them  to  protest  against  the  register  as  forced,  and  to 
issue  orders  against  its  execution  on  pain  of  death ;  but  as  the  King 
would  have  no  peaceable  opposition  left,  it  remains  to  be  seen  whether 
they  will  push  the  matter  to  this  extremity.  It  is  evident,  I  think, 
that  the  spirit  of  this  country  is  advancing  towards  a  revolution  in 
their  constitution.  There  are  not  wanting  persons  at  the  helm,  friends 
to  the  progress  of  this  spirit.  The  Provincial  Assemblies  will  be 
the  most  probable  instrument  of  effecting  it.  Since  writing  thus  far 
I  have  received  an  intimation  that  it  will  be  agreeable  not  to  press 
our  commercial  regulations  at  this  moment,  the  Ministry  being  too 
much  occupied  with  the  difficulties  surrounding  them  to  spare  a 
moment  on  any  subject  which  will  admit  of  delay.  Our  business 
must,  therefore,  be  suspended  for  a  while ;  to  press  it  out  of  season 
would  be  to  defeat  It.  It  would  be  felt  as  a  vital  benefit  here  could 
we  relieve  their  finances  by  paying  what  we  owe.  Congress  will 
judge  by  Mr.  Adams's  letters  how  far  the  transferring  all  our  debts 
in  this  country  to  Holland  is  practicable,  or  the  replenishing  their 
treasury  with  our  principal  and  interest.  I  should  not  be  afraid  to 
ask  concessions  in  favor  of  our  West  India  trade  ;  it  would  produce 
a  great  change  of  opinion  as  to  us  and  our  aflairs.  In  the  Assemblee 
des  Notables  hard  things  were  said  of  us;  they  were  induced,  how- 
ever, in  committing  us  to  writing,  to  smother  their  ideas  a  little.  In 
their  votes,  now  gone  to  be  printed,  our  debt  is  described  in  these 
words :  "  The  twenty-first  article  in  the  account  of  receipts,  consisting 
*  of  the  interest  of  the  debt  due  to  his  Majesty  from  the  United  States, 
'  cannot  be  taken  into  consideration,  except  it  is  for  the  sake  of 
'reference.  Although  that  debt  seems  to  be  well  secured,  it  may, 
'  nevertheless,  be  a  great  while  before  it  can  be  collected,  principal 
'  as  well  as  interest ;  and   it  cannot,  consequently,  enter  into   the 


72  THOMAS  JEFFERSON-JOHN  JAY. 

'  calculation  of  the  current  annual  receipts.  That  article  amounts  to 
'  1,600,000  livres."  Above  all  things  it  is  desirable  to  hush  the 
foreign  officers  by  payment ;  their  wants,  the  nature  of  their  services, 
their  access  to  high  characters  and  connexions  with  them,  bespeak 
the  reasons  for  this.  I  hear,  also,  that  INIr.  Beaumarchais  means  to 
make  himself  heard,  if  a  memorial,  which  he  sends  by  an  agent  in 
the  present  packet,  is  not  attended  to,  as  he  thinks  it  ought  to  be. 
He  called  on  me  with  it,  and  desired  me  to  recommend  his  case  to  a 
decision,  and  to  note  in  my  despatch  that  it  was  the  first  time  he  had 
spoken  to  me  on  the  subject.  This  is  true,  it  being  the  first  time  I 
ever  saw  him ;  but  my  recommendations  would  be  as  misplaced  as 
unnecessary.  I  assured  him  Congress  would  do  in  that  business 
what  justice  should  require  and  their  means  enable  them  to.  The 
information  sent  me  by  Mr.  Montgomery  from  Alicant  of  the  death 
of  the  Dey  of  Algiers,  was  not  true.  I  had  expressed  my  doubt  of 
it  in  my  last,  when  I  communicated  it.  I  send  herewith  the  news- 
papers to  this  date,  and  a  remonstrance  of  the  Parliament,  to  shew 
you  in  what  language  the  King  can  be  addressed  at  this  day.  I  have 
received  no  Journals  of  Congress  since  the  beginning  of  November 
last,  and  will  thank  you  for  them,  if  printed. 

I  have  the  honor  to  be,  he,  Til :  JEFFERSON. 

P.  S.  August  7th.  The  Parliament  were  received  yesterday  very 
harshly  by  the  King.  He  obliged  them  to  register  the  two  edicts  for 
the  impot  territorial  and  the  stamp  tax.  When  speaking  in  my 
letter  of  the  reiterated  orders  and  refusals  to  register  which  passed 
between  tlie  King  and  Parliament,  I  omitted  to  insert  tiie  King's 
answer  to  a  deputation  of  Parliament  which  attended  iiiiu  at  Ver- 
sailles. It  may  serve  to  shew  the  .spirit  which  exists  between  them. 
It  was  in  these  words,  and  these  only:  "  Jc  vous  furai  savoir  rncs 
intentions,  allcz  vous  en,  qu  on  ferine  la  ported 


FUOM    UAUON    1)K    STAKL    IIOLSTEIN    TO    THOMAS    JKFFEUSO.V. 

Paris,  August  3,  1787. 

Sir, 
Allow  me  to  have  the  honor  of  claiming  your  kind  offices  near  the 
Unilf'd  States  in  a  circumstance  in  which  the  safety  of  commerce  is 
compromised. 


DIPLOMATIC  CORRESPONDENCE.  73 

Mv.  Adolpli  FnHlcrick  Dahlberg,  Captain  of  the  Swedish  galcasse 
Marie  Elizabeth,  belonging  to  Baron  de  Roxendorft,  went  to  sea  on 
an  expedition  on  account  of  the  owner  of  that  ship.  A  long  time 
has  elapsed  since,  and  not  the  least  news  has  been  received  from  that 
captain,  who  it  seems  has  formed  the  conspiracy  of  taking  possession 
of  the  vessel  and  its  cargo  and  going  off  to  remote  seas,  according 
to  the  informations  which  have  been  procured,  and  of  the  declara- 
tions furnished  to  the  Admiralty. 

The  Chamber  of  Commerce  of  Stockholm  having  strong  reasons 
to  presume  that  Captain  Dahlberg  has  gone  to  some  port  in  the 
United  States,  has  applied  to  me  for  the  purpose  of  obtaining  means 
in  order  to  take  possession  of  his  person. 

I  have  the  honor  to  annex  hereto  the  description  of  the  said 
captain,  and  also  of  the  geleasse,  such  as  they  have  been  transmitted 
to  me. 

I  hope,  sir,  that  you  will  find  in  the  safety  of  commerce  and  of 
navigation  motives  sufficiently  strong  to  send  these  papers  to  the 
United  States,  and  to  support  the  claim  of  the  Chamber  of  Commerce, 
which  requires  that  orders  should  be  given  that  Captain  Dahlberg 
and  his  accomplices  should  be  arrested,  in  whatever  port  of  the 
United  States  they  may  be  found,  and  at  whatever  time  they  may 
be  discovered,  and  that  from  thence  they  should  be  sent  as  prisoners 
on  board  the  said  ship  to  the  Governor  of  the  Island  of  St.  Barthol- 
omew, belonging  to  his  INIajesty  the  King  of  Sweden. 

I  shall  wait  your  answer,  and  will  communicate  it  to  the  Chamber 
of  Commerce  of  Stockholm.  I  take  this  opportunity  to  offer  you 
the  assurance  of  the  perfect  consideration  with  which  I  have  the 
honor  to  be,  &ic., 

BARON  DE  STAEL  HOLSTEIN. 


Description  of  the  Captain. 

Captain  Adolph  Frederick  Dahlb(>rg  was  born  in  tli(>  city  of 
Calmar,  in  Sweden;  he  is  of  a  middling  stature,  rather  small  than 
large ;  his  person  short  and  thick  ;  he  has  black  eyes,  dark  com- 
plexion, and  black  hair. 


74  THOMAS  JEFFERSON— JOHN  JAY. 

Description  of  the  Swedish  shijj  or  galeasse  Marie  Elizabeth. 

The  ship  is  built  of  oak  and  pine,  twenty-two  lasts,  or  about  forty- 
four  English  tons  burthen,  built  and  rigged  as  a  galeasse,  or  hocre 
galeasse.  When  she  left  Calmar  she  had  streaks  painted  black  all 
around  the  ship  ;  there  was  a  small  figure  of  a  woman  painted  on 
the  stern,  and  under  tliat  figure  was  written  the  name  of  the  ship, 
Marie  Elizabeth;  and  there  was  a  break  which  contracted  a  little 
the  dimensions  of  the  hold. 

The  owner  of  the  ship  is  Baron  de  Roxendorft. 


MEMORIAL. 


To  the  Mareschal  de  Castries,  Minister  and  Secretary  of  State  for 
the  Department  of  the  Navy. 

The  owners  and  captains  of  several  ships  belonging  to  the  United 
States  of  America,  allies  of  his  most  Christian  jNIajesty,  and  actually 
moored  in  the  road  of  Point-a-Petre,  humbly  petition,  saying  that 
there  has  been  communicated  to  them  a  decree  of  the  King,  ordering 
that  the  port  of  Point-a-Petre  should  be  shut  to  them,  and  that  the 
road  of  Basse-terre  is  exclusively  open  to  receive  them. 

The  petitioners  take  the  liberty  to  represent  in  the  most  humble 
manner  to  your  Excellency,  that  such  a  revolution  in  the  American 
commerce  of  these  parts  will  be  a  fatal  one  to  the  continent,  as  well 
as  to  the  colony  of  Guadaloupe,  and  that  the  Americans  will  be 
obliged  to  compare  it  to  almost  a  total  prohibition. 

Being  entirely  convinced  of  the  ardent  desire  of  your  Excellency 
to  encourage  the  commerce  of  the  colonies  confided  to  your  Ministry, 
and  being  assured  of  the  benevolence  which  characterizes  your 
actions,  the  jjetitioners  (in  hopes  of  obtaining  their  rcMjuest)  take  the 
liberty  of  addressing  themselves  to  you,  in  order  that  you  should 
place  before  hir,  most  Christian  Majesty  the  inconveniences  without 
numbers  which  tin;  execution  of  his  order  will  occasion.  The 
dangers  to  which  their  shij)s  will  be  exposed  in  the  road  of  Basse- 
terre (luring  the  hurricane  months — a  continual  swell  of  ihe  sea; 
unavi/idablc  dtlays  in  the  expeditions  ;  their  boats  dashed  to  pieces 
on  their  debarking,  as  well  as  embarking ;  a  great  many  expenses  to 


DIPLOMATIC  CORRESPONDE^XE.  75 

wliicli  their  commercial  operations  will  be  subjected  by  the  situation 
of  that  road,  and  which  the  little  value  of  their  cargoes  will  be 
unable  to  pay, — all  this  is  only  a  feeble  sketch  of  their  situation. 
As  the  sale  of  their  cargoes  cannot  be  as  advantageous  at  Basse-terre 
as  it  is  at  Point-a-Petre,  a  lesser  number  of  ships  will  go  there,  and 
their  return  cargoes,  consisting  in  rum  and  syrup,  which  are  more 
abundant  at  the  Grande-terre  and  its  neighborhood,  the  petitioners 
would  have  the  great  advantage  of  transporting,  in  one  day  and  in 
their  own  boats,  the  necessary  articles  for  those  cargoes.  Instead  of 
this  they  will  be  compelled  to  freight  vessels  for  the  transportation  of 
their  cargoes  to  Basse-terre.  By  this  expensive  manner  of  loading, 
their  profits  are  considerably  diminished,  and  they  see  themselves 
subjected  still  to  a  certain  loss  by  the  leakage  of  the  rum  and  syrup 
during  their  transportation  to  Basse-terre. 

The  situation  of  Point-a-Petre  offers  them  great  advantages — the 
navigation  of  the  Salt  river,  the  beautiful  surrounding  sea,  the  facility 
with  which  they  transport  their  goods  amongst  the  planters,  and  the 
exactness  of  the  payments.  The  inhabitants  by  that  means  receive 
the  necessary  articles  at  a  lower  price.  Should  they  be  compelled 
to  go  to  Basse-terre  for  the  purpose  of  purchasing  them,  and  at  the* 
same  time  be  compelled  to  transport  there  their  produce  in  payment, 
ll^eir  rum  and  syrup  will  be  lessened  in  value,,  and  the  goods  pur- 
chased will  increase  in  price  for  the  planter,  whilst,  at  the  same 
time,  the  freight  and  other  expenses  of  transportation  will  enhance 
the  price  of  the  produce  to  the  petitioners. 

They  address  themselves  to  the  humanity  and  to  the  benevolence 
of  your  Excellency,  entreating  you  to  represent  to  his  Majesty  the 
grievous  and  embarrassing  situation  in  which  they  find  themselves. 
The  interest  of  the  planters  being  intimately  connected  with  theirs, 
they  hope  that  his  ^lajesty  will,  on  your  representation,  deliver  them 
from  that  unfortunate  position  ;  that  he  will  condescend  to  annul  his 
decree ;  and  that  he  will  order  that  the  commerce  of  the  United 
States  of  America  shall  be  carried  as  heretofore  with  the  port  of 
Point-a-Petre  only.  The  petitioners  flatter  themselves  that  you  will 
receive  favorably  their  supplications. 

Your  mediation  in  a  cause  so  especially  connected  with  the 
industry  and  prosperity  of  the  petitioners,  as  well  as  that  of  the 
colony  of  Gua(lalou|)e,  will  make  them  forever  grateful,  and  their 
prayers  for  the  prosperity  of  your  Highness  shall  be   addressed  to 


76  THOMAS  JEFFERSON— JOHN  JAY. 

Heaven  with  fervor.     It  is  the  only  proof  they  can  give  of  the  respect 
and  of  the  veneration  they  have  for  you. 
Point-a-Putrc,  Island  of  Guadaloupe,  May  3,  17S7. 

(Signed)  Joseph  Sevein,  Daniel  Wookey,  James  Jones,  Nathaniel 
Saunders,  William  Wyles,  JNicholas  Stilwell,  Isaac 
Tubhs,  John  jMarshall,  Thomas  Webb,  Jonathan  Mason, 
John  Peabody,  Paul  Vast,  Peter  Le  Breton,  Forten 
Moore,  William  Russell,  JNathanicl  Witmore,  Phoenix 
Frazier,  Joseph  Wells,  Benjamin  Shillaber,  Richard 
Tappan. 


FROM  THOMAS  BARCLAY  TO  JOHN  ADAMS  AND  THOMAS  JEFFERSON. 

L'Oricnt,  July  13,  1787. 

Gentlemen, 

I  do  myself  the  honor  to  enclose  you  two  books,  of  eighty-two 
pages,  containing  all  my  accounts  respecting  my  mission  to  ^Morocco  ; 
by  which  you  will  see  that  the  amount  of  the  expenses  attending  the 
negotiation,  including  the  presents  and  all  the  travelling  charges  of 
iSIr.  Franks  and  myself,  amount  to  95,179 //i*.  10  sols,  which  sum  I 
shall  place  to  the  debit  of  the  United  States.  The  particulars  of 
the  purchases  made,  and  of  the  appropriation  of  all  the  presents, 
together  with  an  account  of  the  articles  remaining  on  hand,  make  a 
part  of  these  accounts  ;  and  I  do  not  know  that  anything  whatever 
is  left  unexplained,  when  I  have  tohl  you  that  my  reasons  for  leaving 
the  lawns  and  cambrics  in  the  hands  of  Mr.  Champion,  of  this  place, 
for  sale,  was  because  the  Farmers  General  would  not  permit  me  to 
carry  them  out  of  the  town  by  land.  Mr.  Champion  died  suddenly, 
in  April  last,  and  at  present  nothing  is  done,  or  can  be  done,  in  his 
affairs,  which  arc  all  scaled  up  by  the  judgt-s,  and  are  likely  to 
remain  so  some  time.  I  shall  direct  the  account  of  the  goods  to  be 
lodged  in  the  hands  of  Mr.  Loreilhe  here,  in  order  that  he  may  claim 
them. 

I  annex  an  account  of  Ijills  drawn  on  Mr.  Adams,  amounting  to 
JC  1,015  sterling,  £100  of  which,  in  favor  of  M.  (irand,  he  writes 
to  me  was  never  sent  forward  for  accci)tance  ;  in  which  case  1  have 
promised  to  account  witli  him  for  it,  and  then  the  amount  will  be 
£4,515  sterling,  which,  supposing  the  cxrhange  to  be  on  an  average 
24  lit.  the  |)ound  sterling,  clear  of  negotiating  fees  in  Paris,  the  sura 


DIPLOMATIC  CORRESPONDENCE. 


i  I 


will  be,  in  livres,  109,080;  so  that  upon  this  account  I  shall  nMiiain 
indebted  to  the  United  States  (until  I  make  a  settlement  with  them, 
and  until  1  know  what  1  am  to  charge  for  my  Voyage)  13,901 /tr. 
XOsols.  I  have  also  some  suspicion  that  I  must  have  drawn  a  bill 
not  included  in  this  account ;  but  I  am  not  certain,  as  most  of  my 
papers  are  at  St.  Germains.  iNIr.  Adams  will  be  so  kind  as  to 
procure  from  the  banker  who  paid  the  drafts  an  account  of  the 
particulars,  and  transmit  it  to  me  under  cover  to  ^Nlr.  Jay,  at  New 
York,  assuring  himself  that  a  final  settlement  shall  be  made  to  the 
entire  satisfaction  of  Congress,  and  that  of  you,  gentlemen. 

The  necessity  I  am  under  of  hastening  out  to  America  should  not 
have  prevented  my  waiting  on  jMr.  Adams  in  London  for  his  com- 
mands, had  not  ]Mr.  Jefferson  given  me  a  full  dispensation  on  that 
head,  and,  therefore,  I  know  Mr.  Adams  will  excuse  me. 

Before  I  take  leave,  permit  me  to  thank  you  both  for  the  many 
marks  of  esteem  and  attention  with  which  you  have  honored  me, 
and  to  request  most  earnestly  a  continuance  of  that  regard,  which  I 
sincerely  assure  you  is  very  precious  to,  gentlemen,  your  most,  &z;c., 

THOS.  BARCLAY. 

P.  S.  The  precise  exchange  of  the  bills  cannot  be  adjusted  until 
I  receive  i\I.  Grand's  accounts. 


1785,  Sept. 


Oct. 

Nov. 


Dec. 


1786,  Jan. 

«  Feb. 

"  April 

"  ^lay 

'•  Juno 

"  Au^. 


27,  No. 

28,  " 

QO      u 

3,    " 


23,  " 

1,  " 

2,  « 

15,  - 

16,  « 

24,  A 
15,  " 
26,  " 
13,  " 
11,  - 


Favor. 
1,  M.  Grand 120^ 


From. 


2,M. 

3,  M. 

4, 

5, 

6, 

7, 

8, 

9,  M, 
10, 

11,  M. 
12, 
13, 
14, 


Darcel 100 

Grand 100 

do 200 

do 100 

do 1 00 

do 100 

do 200 

Darcel 200 

do 200 

Grand 1 00 


>  Paris. 


do.  . 
do.  . 
do.  . 
do.  . 
Dmilhet  k,  Co. 


.  200 
.  200 
. .  200 
.  100  Havonne. 
.250  Madrid. 


Lynch  k.  Bellew 300  Cadiz. 

jNIrs.  Barclay 100  Mogadorc, 

Lynch  &:  Bellow 750  Daralbcyda. 


i! 


THOMAS  JEFFERSON- JOHN  JAY. 


1-86,  Dec.     3,  A  Druni,ct  S.  Co 400  M.id 

u  a        "     «i  Wm.  t  red.  Ast 

"         "       "     'T-frfc ::     25Batlona. 

"      April    3,    "   Lynch  6i  Bellew -^ 

,    ^,.  £4,645  Sterling. 

•  Probably  this  bill  was  for  only  iM.  ._ ■ 


PaOM    THOMAS    .ErFEBSON    TO    OEOBOE    WASHINGTON. 

Paris,  August  14,  1787. 

nr  Minus  with  a  periwig  and  chapcauhras. 

"  I  :::ir  haling  written  to  you  while  Congress  sat  at  An-tapd,  , 
„„  the  wator  con,„,unicatio„  between  ours  an,l  t  e  west    n     o„„t  J 
and  to  have  mentioned  particularly  the  ■"f"™"""  V'^  j™ 
of  the  plain  faee  of  .he  eotn.try  between  the  sources  of  ^S^"^'^^ 

I°i::hieet,audiry.,uha.yo,,wi>,,..,li,en,ebyac^^^^^^^^^ 
tl„n  of  it.     I  consider  th.s  can.l,  if  pra,  l.c.il.lc ,  as  a  vt.y      | 

"te i h,.p-s  of  «r,.a,  and  .ond  ..m.cts  front  'he  decisbn  of 

the  Assembly  over  which  you  arc  pres,,  n„.  1  o  jt,  -  o^  S  s 
one  as  to  all  foreign  concerns,  preserve  dn-n,  several  as  o  all  merely 
dome  tc  to  Kiv.:  to  the  Federal  head  snn«.  peaceable  u,od  of 
ir^  its  ust  authority,  to  organise  that  head  -;»'»;-; 
cKccutive,  a,>.l  judiciary  .lepartn.euts,  a  great  -'«'''  ■'";^ 
Kederal  Constitution.     Yet,  with  all    ts  defects,  and  «.  I  o  ^ 

of  our  particular  Governments,  the  mconven.ences      st  lt„  ,  f  om 
then,  arL  so  light,  in  cotnparison  with  those  «,stmg  m  every  other 


DIPLOMATIC  CORRESPONDENCE.  79 

Government  on  earth,  that  our  citizens  may  certainly  be  considered 
as  in  the  happiest  poHtical  situation  which  exists. 

The  AsscmhJec  dcs  Notables  has  been  productive  of  much  good 
in  this  country.  The  reformation  of  some  of  the  most  oppressive 
laws  has  taken  place.  The  allotment  of  the  State  into  subordinate 
governments,  the  administration  of  which  is  committed  to  persons 
chosen  by  the  people,  will  work,  in  time,  a  very  beneficial  change 
in  their  Constitution.  The  expense  of  the  trappings  of  monarchy, 
too,  is  lightening.  Many  of  the  useless  officers,  high  and  low,  of 
the  King,  Queen,  and  Princes,  are  struck  off.  Notwithstanding  all 
this,  the  discovery  of  the  abominable  abuses  of  the  public  money  by 
the  late  Comptroller  General,  some  new  expenses  of  the  Court  not 
of  a  piece  with  the  projects  of  reformation,  and  the  imposition  of 
new  taxes,  have,  in  the  course  of  a  few  weeks,  raised  a  spirit  of 
discontent  in  this  nation,  so  great  and  so  general,  as  to  threaten 
serious  consequences.  The  Parliaments  in  general,  and  particularly 
that  of  Paris,  put  themselves  at  the  head  of  this  effervescence,  and 
direct  its  object  to  the  calling  the  States  General,  who  have  not  been 
assembled  since  1614.  The  object  is  to  fix  a  Constitution,  and  to 
limit  expenses.  The  King  has  been  obliged  to  hold  a  bed  of  justice, 
to  enforce  the  registering  the  new  taxes ;  the  Parliament,  on  their 
side,  propose  to  issue  a  prohibition  against  their  execution.  Very 
probably  this  may  bring  on  their  exile.  The  mild  and  patriotic 
character  of  the  new  Ministry,  is  the  principal  dependence  against 
this  extremity. 

The  turn  which  the  affaii-s  of  Europe  will  take  is  not  yet  decided. 

******** 

A  war  wherein  France,  Holland,  and  England  should  be  parties 
seems  prima  facie  to  promise  much  advantage  to  us.  But,  in  the 
first  place,  no  war  can  be  safe  for  us  which  threatens  France  with 
an  unfavorable  issue.  And,  in  the  next,  it  will  probably  embark  us 
again  into  the  ocean  of  speculation,  engage  us  to  overtrade  ourselves, 
convert  us  into  sea-rovers,  under  French  and  Dutch  colors,  divert  us 
from  agriculture,  which  is  our  wisest  pursuit,  because  it  will,  in  the 
end,  contribute  most  to  real  wealth,  good  morals,  and  hajipiness. 
The  wealth  acquired  by  speculation  and  j)lund('r  is  fugacious  in  its 
nature,  and  fills  society  with  the  spirit  of  gambling.  The  moderate 
and  sure  income  of  husbandry  begets  permanent  improvement,  quiet 
life,  and  orderly  conduct,  both  public  and  private.     We  have  no 


gQ  THOMAS  JEFFERSON-JOHN  JAY. 

occasion  for  more  commerce  than  to  take  off  our  superfluous  produce, 
and  the  people  complain  that  some  restrictions  prevent  tins,  yet  the 
price  of  articles  with  us,  in  general,  shews  the  contrary.  Tobacco, 
indeed,  is  low,  not  because  we  cannot  carry  it  where  we  please,  but 
because  we  make  more  than  the  consumption  requires.  Upon  the 
whole  I  tliink  peace  advantageous  to  us,  necessary  for  Europe,  and 
desirable  for  humanity.  A  few  days  will  decide,  probably,  whether 
all  these  considerations  are  to  give  way  to  the  bad  passions  of  Kmgs, 
and  those  who  would  be  Kings. 

I  have  the  honor  to  be,  &.C.,  TH:  JEFFERSON. 

P  S     Aufrust  15th.     The  Parliament  is  exiled  to  Troyes,  this 

.  '        °  T.  J. 

mornmg. 


FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  August  15,  1787. 

Sir, 
An  American  gentleman  leaving  Paris  this  afternoon,  to  go  by  the 
way  of  L'Oricnt  to  Boston,  furnishes  me  the  rare  occasion  of  a 
conveyance,  other  than  the  packet,  sure  and  (luick.     My  letter  by 
the  packet  informed  you  of  the  bed  of  justice  for  enregistermg  the 
stamp  tax  and  land  tax.     The  Parliament,  on  their  return,  came  to 
an   arrcttte  (a   resolution)  which,    besides    protesting    against    the 
enregistering  as  don.'  by  foic-,  laid  the  foundation  for  an  ana  de 
defence  (an  act)  against  the  oxccuiion  of  the  two  new  laws.     The 
question  on  the  fnial  arrc^vas  adjourned  to  tlu^  day  before  yesterday. 
It  is  believed  that  tlu^y  did  nut  conchidc  on  this  arret,  as  it  has  not 
appeared.     However,  there  was  a  concourse  of  about  ten  thousand 
people  at  the  Parliament  house,  who,  on  th<-ir  adjournment,  received 
them  with   acclamations  of  joy,  loosened   the   hoisrs   of  th.;   most 
eminent  speakers  against  the  lax  from  their  carriages,  and  drew  them 
home.     This   morning   the  Parliament  is  exiled   at  Troyes.     It  is 
believed  to  proceed  principally  from  the  fear  of  a  popular  eomniotion 

here. 

The  officer  charged  by  this  Court  to  watch  the  English  squadron, 
which  was  under  sailing  orders,  returned  about  a  week  ago,  with 
information  that  it  ha.l  sailrd.  having  shaped  its  rourso  westwardly. 
This  is  another  step  towards  war.     it  is  the  more  suspicious,  as  their 


DIPLOMATIC  CORRESPONDENCE.  81 

Minister  here  denies  the  fact.  Count  Adhemar  is  here  from  London 
by  leave  from  his  Court.  The  Duke  of  Dorset,  the  British  Ambas- 
sador here,  has  lately  gone  to  London  on  leave.  Neither  of  these 
Ambassadors  has  the  confidence  of  his  Court  on  the  point  of  abilities. 
The  latter  merits  it  for  his  honesty.  The  Minister  of  the  British 
Court  resident  here  remains,  but  INIr.  Eden,  their  Ambassador  to 
Spain,  under  pretence  of  taking  this  in  his  route,  is  in  truth  their 
factotum  in  the  present  emergency.  Nothing  worth  noting  has 
occurred  since  my  last,  either  in  the  Dutch  or  Austrian  Nether- 
lands. 

I  have  the  honor  to  be,  &;c.,  TH :  JEFFERSON. 


FKOM   JOHN    JAY   TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  October  24,  1787. 

Dear  Sir, 

Since  the  8th  ultimo,  when  I  last  wrote  to  you,  I  have  been 
favored  with  your  letters  of  the  6th  and  15th  August  last,  which, 
together  with  the  papers  mentioned  in  the  first  of  them,  were  imme- 
diately laid  before  Congress. 

Although  the  opinion  of  the  most  judicious  and  well  informed 
seems  to  be  that  France  and  Britain  will  avoid  war,  and  unite  their 
councils  and  their  efforts  to  preserve  peace,  yet  as  great  events  are 
often  produced  by  latent  and  little  circumstances,  especially  between 
Courts  who  distrust  each  other,  I  should  not  be  surprised  if,  notwith- 
standing their  wishes  to  the  contrary,  something  should  happen  to 
frustrate  their  pacific  designs. 

You  will  receive,  herewith  enclosed,  two  letters  from  me  dated  the 
2Tth,  concerning  the  Consular  convention,  with  a  commission  to  you 
^to  form  one;  and  also  a  certified  copy  of  an  act  of  Congress  of  the 
23d  July,  on  the  subject  of  the  Morocco  treaty  and  papers.  The 
want  of  a  safe  and  private  conveyance  has,  until  now,  delayed  the 
transmission  of  these  letters  and  this  act.  I  also  enclose  the  follow- 
ing papers,  viz  : 

\.  A  certified  copy  of  an  act  of  Congress  of  2Sth  September, 
respecting  duties  on  goods  imported  by  foreign  Consuls. 

2d.  A  certified  copy  of  an  act  of  2d  October  instant,  instructing 
you  not  to  promote  any  negotiation  for  transferring  the  debt  due  to 
France  from  the  Lhiitcd  States. 
Vol.  IL— G 


go  THOMAS  JEFFERSON-JOHN  JAY. 

"3.  A  certified  copy  of  an  act  of  U.h  October  instant,  approving 
U,e  manner  in  which  the  prize  money  dne  to  ^e  crews  of  the  Bon 
Homme  Richard  and  Alliance  ha.  been  quotaed  by  Ftance,  and 
directin-r  the  Board  of  Treasury  to  distribute  it  accordmgly. 

4    A°certif,ed  copy  of  an  act  of  12th  October  .nstant,  reappomfng 

'■Minister  Plenip'ientiary  at  the  Court  of  Versa.l les  togetl.er  w,  h 

I  co,nmi.sion  and  letter  of  credence,  and  a  copy  of  the  letter  for  your 

'"t'Tcerftfied  copy  of  an  act  of  l-2.h  October  mstan.,  constUutitrg 
the  residue  of  the  money  appropriated  the  14th  February,  ,8.,  for 
ZZ  with  Morocco,  8.C.,  a  fund  for  redeem.ng  ,_he  Amencan 
captives  a.  Algiers,  and  a  duplicate  of  the  act  of  13th  July,  tnstruct- 

m"  vou  to  redeem  them.  ^      ,       •  .  j-      .-„„ 

V.  A  certified  copy  of  an  act  of  the  16th  October  tns.ant,  d.recfng 
vou  to  have  a  medal  struck  in  honor  of  Chevaher  Jones,  and  a  copy 
of  a  letter  to  his  most  Christian  Majesty  of  the  same  date  on  the 
same  sulject.  Congress  were  pleased  to  order  that  he  should  be 
ZlcLi  of  this  letter ;  but  1  nevertheless  think  ,t  proper  that  you 

should  have  a  copy  of  it.  rpoeived 

-,    Conv  of  a  letter  of  the  Sfilh  ultnno,  which  I  this  day  receiiea 

froni  the  Governor  of  Rhode  Island,  requesting  me  to  transmit  ,0 

Jou  tbo  papers  which  accompanied  it.  and  winch  I  now  transmit 

'"a't "copy  of  the  Federal  Government    proposed    by  the   late 


'  "    Tir;equisition  of  Congress,  passed  the  Uth  instant,  and  their 
prhued  journals,  from  the  10th  May  ,0  2.5th  September  last,  which 
^itii  those  heretofore  sent,  will  complete  y°"-ct    ftom    he  6t 
November,  1786.     I  also  send  the  newspapers  from  8lh  September  ^ 

*°  aM^L  claims  of  certain  individuals  against  the  State  of  South 
CaVdina  I  have,  l.y  ord,.  of  Congress,  sent  an  extract  from  your 
kZ  on'that  subj:.ct.  together  with  a  copy  of  the  papers  relative  .0 

,0  the  Governir  of  that  State,  in  order  that  they  may  thereupon 
lake  such  measures  as  the  good  fahb  "f  .1"'  State,  and  the  justice 
.lue  to  th..  individuals  in  .luestion  may  appear  to  dictate. 

The  number  of  States  represented  in  Congress  almost  daily 
,V„„;iii;hes,  and  1  must  fear  will  soon  be  so  reduced  as  not  to  leave 
then,  in  capacity  to  despatch  any  business  requiring  nine. 


DIPLOMATIC  CORRESPONDENCE.  83 

Congress  has  been  pleased  to  comply  with  the  request  of  Mr. 
Adams  to  return,  and  I  enclose  a  copy  of  their  act  on  that  head. 

As  yet  I  am  not  authorized  to  say  any  thing  relative  to  the 
proposed  Post  Office  convention.  A  report  on  that  subject  has  lain 
many  months  before  Congress,  and  still  remains  undecided. 

What  will  be  the  fate  of  the  new  Constitution,  as  it  is  called, 
cannot  easily  be  conjectured.  At  present  the  majority  seems  to  be 
in  favor  of  it ;  but  there  will  probably  be  a  strong  opposition  in  some 
of  the  States,  particularly  in  this  and  Pennsylvania. 

I  have  the  honor  of  being,  &.C.,  JOHN  JAY. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  October  24,  1787. 

Sir, 

The  despatches  alluded  to  in  my  late  letters,  together  with  others 
of  some  importance,  are  ready,  and  were  intended  to  be  conveyed  to 
you  by  this  packet ;  but  the  gentleman  to  whose  care  they  were 
committed,  declining  to  go  in  her,  they  must  pass  to  you  by  some 
other  route.  An  opinion  prevails  that  hostilities  have  probably 
commenced  between  France  and  Britain,  and  such  is  its  impression, 
that  some  gentlemen  who  proposed  to  sail  in  the  French  packet, 
think  it  most  advisable  to  take  passage  in  an  American  vessel.  For 
my  own  part,  I  think  their  apprehensions  are  premature ;  for,  as  yet, 
I  am  not  informed  of  any  events  from  which  I  can  infer  a  probability 
that  war  has  taken  place. 

A  new  commission,  to  expire  at  the  expiration  of  your  present 
one,  has  been  ordered,  and  is  ready.  You  will  receive  it  with  the 
aboveraentioned  despatches. 

With  sentiments  of  great  and  sincere  esteem  and  regard,  I  have 

the  honor  to  be,  kc, 

JOHN  JAY. 


FROM  THOMAS  JEFFERSON  TO  JOHN  ADAMS. 

Paris,  August  30,  1787. 
Sir, 
Since  your  favor  of  July  10th,  mine  have  been  of  July  the  17th, 
23d,  and  2Sth.     The  last  enclosed  a  bill  of  exchange  from  M. 


g^  THOMAS  JEFFERSON-JOII>-  JAY. 

been,  perhaps,  U,e  '-'  "— ^^  rlX  approved  by  U.e 
country.     The  propositions  of  the  l,o^c  •     1  ^^^^^ 

NotabL,.ere  precious  -  t  .e -.n  ml  h^V>ec^^^  ^^^^^  ^_^^ 
course  of  execution  some  o  -^^^  j-^  ^,,,^^„,  „f  ,,,  provincial 
others  prepanng.     ^hove      Uh->  c  ^^^^.^^^    ^.^^  ^^.^  ^^ 

Assemblies,  some  of  ^vh.ch  ha  e  be  ^^^^^_      ^^_, 

.he  instrument  for  cneumser.b,  g  *"  ^0^-'  ^^  ^|_^,^  i^ 

what«ilUlotl..s.     lhou„i  t  _  _^^  ^^^^^  ^^^^_p,,^.^^  ,,,„ 

„ents  seems  to  have  "-"'*;';;  ..e  improvements  to  tlte  nation 
game  has  been  so  played  a^  to  secme^^^^^^^^^  ^^^^^  ^^^^^^  ^      „^ 

without  securmg  tue  piicL.  Parliament  took  them 

subject  of  the  additional  supphe.     Bu       e        ^^^^  ^^^^^  .^^  ^^_^_ 

up  voundly,  refused  to  reg.ste    *"  ™  "^  °       ,^.^3  ,„  ,,„  „-ansfor,ed 

l,elled  in  a  bed  of  justice,  and  ^^^^         '"^"^  nion.     It   is   urged 

o   Tvoyes,   rathe,-   ''>='"  .^-'l''';": ,'"':"    s  one  hundied  and 

principally  against  the  "^"-S  "^ ,    '  ^X    ,or  was,  and  yet  he 

""'■'^'  'r'"'°","'";:.d  :  d       cny     "Uions  furtHe.     You  will  see 
demands  one  hui,  he     and  ^-     J  ^,^,„  „„  ^j,,;,,,  d-ctat  e 

this  well  explained  m  the      yj  ..qu  „Uh  some  small 

pamphlets.     In  the  "^-'"^'"^ifJ^^H  a  license  of  speaking 

as  it  is  said)  have  ^-^"  "^^ ^^^:'Z«io.  more  freely  oi-  more 
against  the  Ciovernment  exe  c  e  1  ,  ^^^^^  .^^^^^^^^^^  ^^ 

universally.     Ca,  leatures,  pU         ,     "  •  ^^^^^,^,j  .„^,^„^„  „f  a 

by  all  ranks  of  l'"H>lo,  a  >j^  ",„,,,  ^_^  ^„„_  ,^„,„y,  „„,  Uiirty 
single  pnnishnient.  l'"  |° "  ,,;,,„,„,,.,,  ,i,e  I'arhament  house, 
thousand  peoide  collected  ''•"'X  '^  ,i„„,.s,  and  examined  into 

,,ur/,acd  the  mciibers.  even  entered  do^  ^^^^^  j.^, 

Uieir  conduct,  took  .he  horses  ot  oH       .n ,  ^^^^^^^^^  .    _^^^^^^^^^ 

well,  and  drew  tl.eiii  home.     T  "-  ^"  ,„.i„l,borho«d,  muUiplied 

prevent  these,  drew  somereg.menMi.o.c^„  ._^^_ 

L    guards,  had  the  street,  -=ons  a,  tly     at  o      '    ^        ^,=^ 

suspended  privileged  places,  forbade  all  clubs, 


DIPLOMATIC  CORRESPONDENCE.  §5 

mobs  have  ceased.  Perhaps  this  may  be  partly  owing  to  the  absence 
of  Parliament.  The  Count  d'Artois,  sent  to  hold  a  bed  of  justice 
in  the  Cour  dcs  Aides,  was  hissed  and  hooted  without  reserve  by 
the  populace.  The  carriage  of  IMadame  de  (I  forget  the  name)  in 
the  Queen's  livery,  was  stopped  by  the  populace,  under  a  belief  that 
it  was  ]Madamc  de  Polignac,  whom  they  would  have  insulted.  The 
Queen,  going  to  the  theatre  at  Versailles,  with  IMadame  do  Polignac, 
was  received  with  a  general  hiss.  The  King,  long  in  the  habit  of 
drowning  his  cares  in  wine,  plunges  deeper  and  deeper.  The  Queen 
cries,  but  sins  on.  The  Count  d'Artois  is  detested,  and  IMonsieur 
the  general  favorite.  The  Archbishop  of  Thoulouse  is  made  Min- 
istre  Principal,  a  virtuous,  patriotic,  and  able  character.  The 
Mareschal  of  Castries  retired  yesterday,  notwithstanding  strong 
solicitations  to  remain  in  office.  The  jNIareschal  de  Segur  retired  at 
the  same  time,  prompted  to  it  by  the  Court.  Their  successors  are 
not  yet  known.  IMonsieur  de  St.  Priest  goes  Ambassador  to  Holland, 
in  the  room  of  Verac,  transferred  to  Switzerland,  and  the  Count  de 
Moustier  goes  to  America,  in  the  room  of  the  Chevalier  de  la 
Luzerne,  who  has  a  promise  of  the  first  vacancy.  These  nomina- 
tions are  not  yet  made  formally,  but  they  are  decided  on,  and  the 
parties  are  ordered  to  prepare  for  their  destination. 

As  it  has  been  long  since  I  have  had  a  confidential  conveyance  to 
you,  I  have  brought  together  the  principal  facts,  from  the  adjourn- 
ment of  the  ISiotahlcs  to  the  present  moment,  which,  as  you  will 
perceive  from  their  nature,  required  a  confidential  conveyance.  I 
hav^e  done  it  the  rather  because,  though  you  will  have  heard  many 
of  them  and  seen  them  in  the  public  papers,  yet,  floating  in  the 
mass  of  lies,  which  constitute  the  atmosphere  of  London  and  Paris, 
you  may  not  have  been  sure  of  their  truth  ;  and  I  have  mentioned 
every  truth  of  any  consequence  to  enable  you  to  stamp  as  false  the 
facts  pretermitted.  I  think  that  in  the  course  of  three  months,  the 
royal  authority  has  lost,  and  the  rights  of  the  nation  gained,  as  much 
ground  by  a  revolution  of  public  opinion  only  as  England  gained 
in  all  her  civil  wars  under  the  Stuarts.  I  rather  believe,  too,  they 
will  retain  the  ground  gained,  because  it  is  defended  by  the  young 
and  middle  aged  in  opposition  to  the  old  only.  The  first  party 
increases  and  the  latter  diminishes  daily,  from  the  course  of  nature. 
You  may  suppose  that  in  this  situation  war  would  be  unwelcome  to 
France.     She  will  surely  avoid  it,  if  not  forced  into  it  by  the  Courts 


86  THOMAS  JEFFErxSON— JOHN  JAY. 

of  London  and  Berlin.  If  forced,  it  is  probable  she  will  change  the 
system  of  Europe  totally,  by  an  alliance  with  the  two  Empires,  to 
whom  nothing  would  be  more  desirable.  In  the  event  of  such  a 
coalition,  not  only  Pioissia,  but  the  whole  European  world,  must 
receive  from  them  their  laws.  But  Fi'ance  will,  probably,  endeavor 
to  preserve  the  present  system,  if  it  can  be  done,  by  sacrificing  to  a 
certain  degree,  the  pretensions  of  the  patriotic  party  in  Holland. 
But  of  all  these  matters,  you  can  judge,  in  your  position,  where  less 
secrecy  is  observed,  better  than  I  can. 

I  have  news  from  America  as  late  as  July  the  19th.  Nothing  had 
transpired  from  the  Federal  Convention.  I  am  sorry  they  began 
their  deliberations  by  so  abominable  a  precedent  as  that  of  tying  up 
the  tongues  of  their  members.  Nothing  can  justify  this  example 
but  the  innocence  of  their  intentions,  and  ignorance  of  the  value  of 
public  discussions.  I  have  no  doubt  that  all  their  other  measures 
will  be  good  and  wise.  It  is  really  an  assembly  of  demigods. 
General  Washington  was  of  opinion  that  they  should  not  se])arate 
till  October. 

I  have  the  honor  to  be,  he,  TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  Soplenibcr  19,  1787. 
Sir, 
I\Iy  last  letters  to  you  wore  of  the  Gth  and  loth  of  August,  since 
which  I  have  been  honored  with  yours  of  July  the  24th,  acknowl- 
edging the  receipt  of  mine  of  the  Mth  and  -^Dd  of  February.  I  am 
anxious  to  hear  you  have  received  that  also  of  May  the  -Ith,  written 
from  Marseilles.  According  to  the  desires  of  Congress,  expressed 
in  their  vote  confirming  the  appointments  of  Francisco  Guiseppc  and 
Girolamo  Ciiiappi,  their  agents  in  Morocco,  I  have  written  letters  to 
these  gentlemen,  to  begin  a  correspondcnro  with  them.  To  the 
first  I  have  enclosed  the  nitification  of  the;  treaty  with  the  Emperor 
of  Morocco,  and  shall  send  it  citht  r  by  our  a'^cni  at  Marseilles,  who 
is  now  here,  or  by  the  Count  d'Aranda,  who  sets  out  for  INIadrid  in 
a  few  days,  having  nliufjuishcd  his  embassy  liere.  1  shall  prorc^ed 
on  the  redemption  of  our  raptivcs  at  Algiers,  as  soon  as  the  Com- 
missioners of  the  Tn;asury  shall  enable  me,  by  placing  the  money 


DIPLOMATIC  CORRESPONDENCE.  87 

necessary  under  my  orders.  The  prisoners  redeemed  by  the  reli;,rious 
order  of  Mathurins,  cost  about  four  hundred  dollars  each  ;  and  the 
General  of  the  order  told  mc  that  they  had  never  been  able  to  redeem 
foreigners  on  so  good  terms  as  their  own  countrymen.  Supposing 
that  their  redemption,  clothing,  feeding,  and  transportation,  should 
amount  to  five  hundred  dollars  each,  there  must  be,  at  least,  a  sum 
of  ten  thousand  dollars  set  apart  for  this  pyrpose.  Till  this  is  done, 
I  shall  take  no  other  step  than  the  preparatory  one  of  destroying  at 
Algiers  all  idea  of  our  intending  to  redeem  the  prisoners.  This  the 
General  of  the  JNIathurins  told  me  was  indispensably  necessary,  and 
that  it  must  not,  on  any  account,  transpire  that  the  public  would 
interest  themselves  for  their  redemption.  This  was  rendered  the 
more  necessary  by  the  declaration  of  the  Dey  to  the  Spanish  Consul, 
that  he  should  hold  him  responsible,  at  the  Spanish  price,  for  our 
prisoners,  even  for  such  as  should  die.  Three  of  them  have  died  of 
the  plague.  By  authorizing  me  to  redeem,  at  the  prices  usually  paid 
by  the  European  nations,  Congress,  I  suppose,  could  not  mean  the 
Spanish  price,  which  is  not  only  unusual,  but  unprecedented,  and 
would  make  our  vessels  the  first  object  of  those  pirates.  I  shall  pay 
no  attention,  therefore,  to  the  Spanish  prices,  unless  further  instructed. 
Hard  as  it  may  seem,  I  should  think  it  necessary  not  to  let  it  be 
known,  even  to  the  relatives  of  the  captives,  that  we  mean  to  redeem 
them. 

I  have  the  honor  to  enclose  you  a  paper  from  the  Admiralty  of 
Guadaloupe,  sent  to  me  as  a  matter  of  form,  and  to  be  lodged,  I 
suppose,  with  our  marine  records.  I  enclose,  also,  a  copy  of  a  letter 
from  the  Count  de  Florida  Blanca  to  Mr.  Carmichael,  by  which  you 
will  perceive  they  have  referred  the  settlement  of  the  claim  of  South 
Carolina,  for  the  use  of  their  frigate,  to  M.  Gardoqui,  and  to  the 
Delegates  of  South  Carolina  in  Congress. 

1  had  the  honor  to  inform  you  in  my  last  letter  of  the  Parliament's 
being  transferred  to  Troyes.  To  put  an  end  to  the  tumults  in  Paris 
some  regiments  were  brought  nearer,  the  palroles  were  strengthened 
and  multiplied,  some  mutineers  punished  by  imprisonment.  It  pro- 
duced the  desired  effect.  It  is  confidently  believed,  however,  that 
the  Parliament  will  be  immediately  recalled,  the  stamp  tax  and  land 
tax  repealed,  and  other  means  devised  of  accommodating  their 
receipts  and  expenditures.  Those  supposed  to  be  in  contemplation 
are  a  vigorous  levy  of  the  old  tax  of  the  dcui  vingticmcs  on  the 


g3  THOMAS  JEFFERSON-JOIIN  JAY.. 

rich,  ^vho  had  in  a  great  measure  ^vUhdra^vn  their  propertj^  from  it 
as  well  as  on  the  poor,  on  whom  it  had  principally  fallen.  Tlus  will 
greatly  increase  the  receipts,  while  they  are  proceeding,  on  the  other 
hand,  to  reform  their  expenses  far  heyond  what  they  had  promised. 
It  is  said  these  reformations  will  amount  to  eighty  mdhons.  Circum- 
stances render  these  measures  more  and  more  pressmg. 

I  mentioned  to  you  in-my  last  letter  that  the  officer  charged  by 
the   Ministry  to  watch   the   motion  of  the  British   squadron   had 
returned  with  information  that  it  had  sailed  westwardly      The    act 
was  not  true.     He  had  formed  his  conclusion  too  hastdy,  and  thus 
led  the  Ministry  into  error.     The  King  of  Prussia,^  urged  on  by 
Encdand,  has  pressed  more  and  more  the  affairs  ot  Holland,  and 
lately  has  given  to  the  States  General  of  Holland  four  days  on  y  to 
comply  with   this   demand.     This    measure   would   of  itself  have 
rendered  it  impossible  for  France  to  proceed  longer  in  the  Ime  of 
accommodation  with  Prussia.     In  the  same  moment  an  evei.t  takes 
place  which  seems  to  render  all  attempts  at  accomn.odat.on  idle. 
The  Turks  have  declared  war  against  the  Russians,  and  that  under 
circumstances  which  exclude  all  prospect  of  preventing  its  taking 
placo      The  King  of  Prussia  having  deserted  his  ancient  friends, 
there  remain  only  France  and  Turkey,  perhaps  Spain,  also,  to  oppose 
the  two  Empires,  Prussia  and  England.     By  such  a  piece  of  Quix 
otism  France  might   plunge   hers..lf  into  ruin  with  the  Turks  and 
Dutch,  but  would  save  neither.     Hut  th.iv  is  certainly  a  confederacy 
secretly  in   contemplation,  of  which   the   puhlir   have   not  yet  the 
smallest  suspicion;  that  is,  between  France  and  the  two  Empires 
I  think  it  sure  that  Russia  has  desired  this,  and  that  the  Empoior, 
nft-r  some  hesitation,  has  acceded.     It  rests  on  this  country  to  close. 
,,„,  indi.mation  against  the  King  of  Prussia  will  he  some  spur^  S  le 
will  ih.Mrby  save  her  party  in  Holland,  and  only  abandon  the_  lurks 
to  that   Alto  she  cannot  ward  olf,  and  whirl,   their  pree-p.tatKm  has 
brou.dit  on  themselves,  by  th<-  instigations  of  the  British  Ambassador 
at  the  Porte,  and  against  the  remonstrances  of  the  !<  reneli  Ambas- 
sador     Perhaps  this  formidable  combination,  should   ii  take  place, 
,„ay  prevent  tl.<.  war  of  the  vvest-rn  l>..w...rs,  as  it  w,.uld  s.em  that 
neilhor  England  nor  Prussia  would  carry  their  fals.  calculations  so 
far  as,  with  the  aid  of  tlu.  Turks  only,  to  oppose  themselves  to  such 
a  for...      In  that  case  the  patriots  of  Holland  would  b-  peaceably 
established  in   th...   I.oweis  of  th-ir  (JovrnnHnl,  and   the  war  go  on 


DIPLOMATIC  CORRESPONDE^XE.  89 

against  the  Turks  only,  who  would  probably  be  driven  from  Europe. 
This  new  arrangement  would  be  a  total  change  in  the  European 
system,  and  a  favorable  one  for  our  friends.  The  probability  of  a 
general  war,  in  which  this  country  would  be  engaged  on  one  side, 
and  England  on  the  other,  has  appeared  to  me  suflicient  to  justify 
my  w'riting  to  our  agents  in  the  different  ports  of  France,  to  put  our 
merchants  on  their  guard  against  risking  their  property  in  French  or 
English  bottoms.  The  Emperor,  instead  of  treading  back  his  steps 
in  Brabant,  as  was  expected,  has  pursued  the  less  honorable  plan  of 
decoying  his  subjects  thence  by  false  pretences,  to  let  themselves  be 
invested  by  his  troops,  and  this  done  he  dictates  to  them  his  own 
terms.     Yet  it  is  not  certain  the  matter  will  end  with  that. 

The  Count  de  JNIoustier  is  nominated  Minister  Plenipotentiary  to 
America,  and  a  frigate  is  ordered  to  Cherbourg  to  carry  him  over. 
He  will  endeavor  to  sail  by  the  middle  of  next  month  ;  but  if  any 
delay  should  make  him  pass  over  the  whole  of  October,  he  will  defer 
his  voyage  to  the  spring,  being  unwilling  to  undertake  a  winter 
passage.  Monsieur  de  St.  Priest  is  sent  Ambassador  to  Holland,  in 
the  room  of  Monsieur  de  Verac,  appointed  to  Switzerland.  The 
Chevalier  de  la  Luzerne  might,  I  believe,  have  gone  to  Holland,  but 
he  preferred  a  general  promise  of  promotion,  and  the  possibility  that 
it  might  be  to  the  Court  of  London.  His  prospects  are  very  fair. 
His  brother,  the  Count  de  la  Luzerne,  (now  Governor  in  the  West 
Indies,)  is  appointed  Minister  of  the  Marine,  in  the  place  of  ^Monsieur 
de  Castries,  who  has  resigned.  The  Archbishop  of  Thoulouse  is 
appointed  Ministre  Principal,  and  his  brother.  Monsieur  de  Brienne, 
Minister  of  War,  in  the  place  of  Monsieur  de  Segur.  The  depart- 
ment of  the  Comptroller  has  had  a  very  rapid  succession  of  tenants. 
From  Monsieur  de  Calonne  it  passed  to  Monsieur  de  Forqueux,  from 
him  to  Villedeuil,  and  from  him  to  Lambert,  who  holds  it  at  present, 
but  divided  with  a  jNIonsieur  Cabarrus,  (whom  I  believe  you  knew 
in  Spain,)  who  is  named  Directeur  chi  trcsor  royal,  the  office  into 
which  M.  Necker  came  at  first.  1  had  the  honor  to  inform  you  that, 
before  the  departure  of  the  Count  de  la  Luzerne  to  his  CJovernmcnt 
in  the  West  Indies,  I  had  pressed  on  hini  the  patronage  of  our  trade 
with  the  French  Islands  ;  that  he  appeared  well  disposed,  and  assured 
me  he  would  favor  us  as  much  as  his  instructions  and  the  laws  of  the 
colonies  would  permit.  I  am  in  hopes  these  dispositions  w  ill  be 
strengthened  by  his  residence  in  the  Islands,  and  that  his  acquaint- 


90  THOMAS  JEFFERSON— JOHN  JAY. 

ance  among  the  people  there,  will  be  an  additional  motive  to  favor 
ihem.  Probably  they  will  take  advantage  of  his  appointment  to 
press  indulgence  in  commerce  with  us.  The  Ministry  is  of  a  liberal 
complexion,  and  well  disposed  to  us.  The  war  may  add  to  the 
motives  for  opening  their  islands  to  other  resources  for  their  subsist- 
ence, and  for  doing  what  may  be  agreeable  to  us.  It  seems  to  me 
at  present,  then,  that  the  moment  of  the  arrival  of  the  Count  de  la 
Luzerne  will  be  the  moment  for  trying  to  obtain  a  freer  access  to 
their  Islands.  It  would  be  very  material  to  do  this,  if  possible,  in  a 
permanent  way ;  that  is  to  say,  by  treaty ;  but  I  know  of  nothing  we 
have  to  offer  in  equivalent.  Perhaps  the  payment  of  our  debt  to 
them  might  be  made  use  of  as  some  inducement  while  they  are  so 
distressed  for  money.  Yet  the  borrowing  the  money  in  Holland  will 
be  rendered  more  difficult  by  the  same  event  in  proportion  as  it  will 
increase  the  demand  for  money  by  other  Powers. 

The  gazettes  of  Leyden  and  France  to  this  date  are  enclosed, 
together  with  some  pamphlets  on  the  internal  affairs  of  this  country. 

I  have  the  honor  to  be,  he, 

TH:  JEFFERSON. 
o 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  September  22,  1787. 
Sir, 

The  letters  of  which  the  enclosed  are  copies  are  this  moment 
received,  and  as  there  is  a  possibility  that  tlu^y  may  reach  Havre 
oefore  the  packet  sails,  I  have  the  honor  of  enclosing  them  to  you. 
They  contain  a  promise  of  reducing  the  duties  on  tar,  pitch,  and 
turpentine,  and  that  the  Government  will  interest  itself  with  the  city 
of  Rouen  to  reduce  the  local  duty  on  pot-ash.  By  this  you  will 
perceive  that  we  are  getting  on  a  little  in  this  business,  though  under 
the  present  embarrassments  it  is  difficult  to  procure  the  attention  of 
the  Minist(;rs  to  it.  The  Parliament  has  enregistered  the  edict  for  a 
rigorous  levy  of  the  deiix  vingtiemcs.  As  this  was  proposed  to  the 
King  in  lieu  of  the  impost  territorial,  there  is  no  doubt  now  that  the 
latter,  with  the  stamp  tax,  will  bo  immediately  repealed.  There  can 
be  no  belter  jnoof  of  the  revolution  in  the  public  opinion  as  to  the 
powers  of  the  monarch,  and  of  (he  force,  loo,  of  that  opinion.  Six 
weeks  ago  we  saw  the  King  dis])laying  the  plenilndt;  of  his  omnipo- 
tence, as  hitherto  conceived,  to  enforce  these  two  acts.     At  this  day 


I 


DIPLOMATIC  CORRESPONDENCE.  91 

he  is  forced  to  retract  them  by  public  voice  ;  for  as  to  the  opposition 
of  the  Parhament,  that  body  is  too  little  esteemed  to  produce  the 
effect  in  any  case  where  the  public  do  not  throw  themselves  into  the 
same  scale. 

I  have  the  honor  to  be,  &:c.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  September  22,  1787. 
Sir, 
When  I  had  the  honor  of  addressing  you  this  morning,  intelligence 
was  handing  about  which  I  did  not  think  well  enough  authenticated 
to  communicate  it  to  you.  As  it  is  now  ascertained,  I  avail  myself 
of  the  chance  that  another  post  may  yet  reach  Havre  before  the 
departure  of  the  packet.  This  will  depend  on  the  winds,  which 
have  for  some  days  been  unfavorable.  I  must  premise  that  this 
Court,  about  ten  days  ago,  declared,  by  theii  Charge  d' Affaires  in 
Holland,  that  if  the  Prussian  troops  continued  to  menace  Holland 
with  an  invasion,  his  INIajesty  was  determined,  in  quality  of  an  ally, 
to  succor  that  province.  An  official  letter  from  the  Hague,  of  the 
18th  instant,  assures  that  the  Prussian  army  entered  the  territory  of 
Holland  on  the  loth  ;  that  most  of  the  principal  towns  had  submitted, 
some  after  firing  a  gun  or  two,  others  without  resistance  ;  that  the 
Rhingrave  de  Salm  had  evacuated  Utrecht  with  a  part  of  the  troops 
under  his  command,  leaving  behind  him  one  hundred  and  forty-four 
pieces  of  cannon,  with  great  warlike  stores ;  that  the  standard  of 
Orange  was  hoisted  every  where  ;  that  no  other  cockade  could  be 
worn  at  the  Hague ;  that  the  States  General  were  to  assemble  that 
night  for  reinstating  the  Stadtholder  in  all  his  rights.  The  letter 
concludes,  ''We  have  this  moment  intelligei,.e  that  Woerden  has 
capitulated,  so  that  Amsterdam  remains  without  defence."  So  far 
the  letter ;  we  knew  otherwise  that  Monsieur  de  St.  Priest,  who  had 
set  out  on  his  embassy  to  the  Hague,  has  stopped  at  Antwerp,  not 
choosing  to  proceed  further  till  new  orders.  This  Court  has  been 
completely  deceived,  first,  by  its  own  great  desire  to  avoid  a  war, 
and,  secondly,  by  calculating  that  the  King  of  Prussia  would  have 
acted  on  principles  of  common  sense,  which  would  surely  have 
dictated  that  a  Power  lying  between  the  jaws  of  Russia  and  Austria 
should   not   separate   itself  from   France,  unless,   indeed,  he   had 


9-2  THOMAS  JEFFERSON-JOHN  JAY. 

assurances  of  dispositions  in  those  two  Powers  which  are  not  sup- 
posed to  exist.  On  the  contrary,  I  am  persuaded  that  they  ask  the 
alhance  of  France,  whom  we  suppose  to  be  under  hesitations  between 
her  reluctance  to  abandon  the  Turks,  her  jealousy  of  increasing  by 
their  spoils  the  power  of  the  two  Empires,  and  her  inability  to 
oppose  them.  If  they  cannot  obtain  her  alliance,  they  will  surely 
join  thcmselv^es  to  England  and  Prussia. 

Official  advices  are  received  that  the  first  div-ision  of  the  Russian 
army  has  passed  the  Borysthenes  into  the  Polish  Ukraine,  and  is 
marching  towards  the  frontiers  of  Turkey.  Thus  we  may  consider 
the  flames  of  war  as  completely  kindled,  in  two  distinct  parts  of  this 
quarter  of  the  globe,  and  that,  though  France  and  England  has  not 
yet  engaged  themselves  in  it,  the  probabilities  are  that  they  will 
do  it. 

1  have  the  honor  to  be,  &c.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFTERSON    TO    JOHN    JAY. 

Paris.  September  24,  1787. 
Sir, 

The  times  are  now  so  critical,  that  every  day  brings  something 
new  and  important  not  known  the  day  l)efore.  Observing  the  wind 
still  unfavorable,  I  aia  in  hopes  the  packet  may  not  sail  to-morrow, 
and  that  this  letter  may  be  at  Havre  in  time  for  that  conveyance. 
Mr.  Eden  has  waited  on  Count  dc  Montmorin,  to  inform  him, 
ofllcially,  that  England  must  consider  its  Convention  with  France, 
relative  to  tlie  giving  notice  of  its  naval  armaments,  as  at  an  end, 
and  that  they  arc  arming  generally.  This  is  considered  here  as  a 
declaration  of  war.  The  Dutch  Ambassador  told  me  yesterday  that 
he  su])poscd  the  Prussian  troops  probably  in  possession  of  the 
Hague.  I  asked  him  if  it  would  interruj)t  the  course  of  business, 
commercial  or  banking,  in  Amsterdam  ;  and  ])artirularly,  whether 
our  depot  of  money  there  was  safe  He  said  the  people  of  Amster- 
dam would  be  surely  so  wise  as  to  submit,  when  they  should  se(^  that 
they  could  not  opjjose  the  Stadtholder  ;  therefore,  he  supposed  our 
depot  safe,  iiiid  th:it  tlien;  would  be  no  interruption  of  business.  It 
is  the  hour  of  the  departure  of  tlw;  post ;  so  I  have  only  time  to  add 
assurances  of  the  respect  and  esteem  with  which  I  have  the  honor 
to  be,  &ic., 

TH:  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  93 

FROM    THOMAS    JEFFERSON    TO    JOHN    ADAMS. 

Paris,  September  23,  1787. 

Sir, 

I  received  your  favor  by  INIr.  Cutting,  and  thank  you  sincerely 
for  the  copy  of  your  book.  The  departure  of  a  packet  boat,  Avhich 
always  gives  me  full  employment  for  some  time  before,  has  only 
permitted  me  to  look  into  it  a  little.  I  judge  of  it  from  the  first 
volume,  which  I  thought  formed  to  do  a  great  deal  of  good.  The 
first  principle  of  a  good  government  is  certainly  a  distribution  of  its 
powers  into  executive,  judiciary,  and  legislative,  and  a  subdivision 
of  the  latter  into  two  or  three  branches.  It  is  a  good  step  gained 
when  it  is  proved  that  the  English  Constitution,  acknowledged  to  be 
better  than  all  which  have  preceded  it,  is  only  better  in  proportion 
as  it  has  approached  nearer  to  this  distribution  of  powers.  From 
this  the  last  step  is  easy,  to  shew,  by  a  comparison  of  our  Constitu- 
tions with  that  of  England,  how  much  more  perfect  they  are.  The 
Article  of  Confederations  is  certainly  worthy  of  your  pen.  It  would 
form  a  most  interesting  addition,  to  shew  what  has  been  the  nature 
of  the  confederations  which  have  existed  hitherto,  what  were  their 
excellencies,  and  what  their  defects.  A  comparison  of  ours  with 
them  would  be  to  the  advantage  of  ours,  and  would  increase  the 
veneration  of  our  countrymen  for  them.  It  is  a  misfortune  that  they 
do  not  sufliciently  know  the  value  of  their  Constitutions,  and  how 
much  happier  they  are  rendered  by  them  than  any  other  people  on 
earth,  by  the  Governments  under  which  they  live. 

You  know  all  that  has  happened  in  the  United  Netherlands. 
You  know,  also,  that  our  friends  Van  Staphorsts  will  be  the  most 
likely  to  become  objects  of  severity,  if  any  severities  should  be 
exercised.  Is  the  money  in  their  hands  entirely  safe  ?  If  it  is  not, 
I  am  sure  you  have  already  thought  of  it.  Are  we  to  suppose  the 
game  already  up,  and  that  the  Sladtholder  is  to  be  reestablished, 
perhaps  erected  into  a  Monarch,  without  the  country  lifting  a  finger 
in  opposition  to  it  ?  If  so,  it  is  a  lesson  the  more  for  us.  In  fact 
what  a  crowd  of  lessons  do  the  present  miseries  of  Holland  teach 
us  ?  Never  to  have  an  hereditary  oflicer  of  any  sort ;  never  to  let  a 
citizen  ally  himself  with  Kings ;  never  to  call  in  foreign  nations  to 
settle  domestic  ditlerences ;  never  to  suppose  that  any  nation  will 
expose  itself  to  a  war  for  us,  k.c.     Still  I  am  not  without  hopes  that 


94  THOMAS  JEFFERSOX-JOHN  JAY. 

a  good  rod  is  in  soak  for  Prussia,  and  that  England  will  feel  the  end 
of  it.  It  is  known  to  some  that  Russia  made  propositions  to  the 
Emperor  and  France  for  acting  in  concert ;  that  the  Emperor  con- 
sents, and  has  disposed  four  camps  of  one  hundred  thousand  men 
from  the  limits  of  Turkey  to  those  of  Prussia.  This  Court  hesitates, 
or  rather  its  Premier  hesitates,  for  the  Queen,  Montmorin,  and 
Breteuil  arc  for  the  measure.  Should  it  take  place,  all  may  yet 
come  to  rights,  except  for  the  Turks,  who  must  retire  from  Europe, 
and  this  they  must  do  were  France  quixotic  enough  to  support  them. 
We,  I  hope,  shall  be  left  free  to  avail  ourselves  of  the  advantages  of 
neutrality  ;  and  yet  much  I  fear  the  English,  or  radicr  their  stupid 
King,  will  force  us  out  of  it.  For  thus  I  reason,  by  forcing  us  into 
the  war  against  them,  they  will  be  engaged  in  an  expensive  land 
war  as  well  as  a  sea  war.  Common  sense  dictates,  therefore,  that 
they  should  let  us  remain  neutral,  ergo  they  will  not  let  us  remain 
neutral.  I  never  yet  found  any  other  general  rule  for  foretelling 
what  they  will  do,  but  that  of  examining  what  they  ought  not  to 
do. 

I  have  the  honor  to  be,  with  my  best  respects  to  Mrs.  Adams,  and 

sentiments  of  perfect  esteem  and  regard  to  yourself,  &,r., 

Til:  JEFFERSON. 


FROM   THOMAS    JEFFERSON    TO    C.    W.    F.    DUMAS. 

Taris,  October  4,  1787. 
Sir, 

1   received  your  favor  of  the  23(1   of  September,  two  days  ago. 

That  of  the  28th  and  29th  was   put  in  my  hands  this  morning,     I 

immt.-diatcly  waited  on  the  Ambassadors,  ordinary  and  extraordinary 

of  the  United  Netherlands,  and  also  on   the  Envoy -of  Prussia,  and 

asked  tlu'ir  good  ofTices  to  have  an  efllnarious  j)rot(vtion  extended  to 

your  j)erson,  your  family,  and  your  eflecls,  observing  that  the  United 

States  knew  no  party ;  but  arc  the  friends  and  allies  of  the  United 

Netherlands  as  a  nation,  and  would  expert,  from  their  friendship, 

that  the  person  who  is  charged  with  their  affairs,  until  the  arrival  of 

a  ]\Iinisl(T,  sliould  be  covered  from  all  insult  and  injury  which  might 

be  offered   him   by  a  lawless  mob,  well  assured  ihat  their  Minister 

residing  with  Coivres-;  would,  on   all   occasion-;,  receive;  the  same. 

They  have  been  so  good  as  to  promise  each  that  he  will,  in  his  first 


DIPLOMATIC  CORRESPONDENCE.  95 

despatches,  press  the  matter  on  the  proper  Power,  and  give  me 
reason  to  hope  that  it  will  be  efficacious  for  your  safety.  I  will 
transmit  your  letter  to  iMr.  Jay  hy  the  Count  de  IMousticr,  who  sets 
out  within  a  week  for  New  York,  as  Minister  Plenipotentiary  for 
France  in  that  country.  I  sincerely  sympathize  on  your  sufferings, 
and  hope  that  what  I  have  done  may  effect  an  end  to  them. 
I  have  the  honor  to  be,  &,c., 

TH:  JEFFERSON. 


FROM   THOMAS   JEFFERSON    TO   JOHN   JAY. 

Paris,  Octobers,  ]787. 
Sir, 

I  had  the  honor  of  writing  you  on  the  19th  of  September,  twice  on 
the  22d,  and  again  on  the  24th.  The  two  first  went  by  the  packet, 
the  third  by  a  vessel  bound  to  Philadelphia.  I  have  not  yet  learned 
by  what  occasion  the  last  went.  In  these  several  letters,  I  commu- 
nicated to  you  the  occurrences  of  Europe  as  far  as  they  were  known. 
Notwithstanding  the  advantages  which  the  Emperor  seemed  to  have 
gained  over  his  subjects  of  Brabant,  by  the  military  arrangements  he 
had  been  permitted  to  make  under  false  pretexts,  he  has  not  obtained 
his  ends.  He  certainly  wished  to  enforce  his  new  regulations ;  but 
he  wished  more  to  be  cleared  of  all  domestic  difficulties  that  he 
might  be  free  to  act  in  the  great  scenes  which  are  preparing  for  the 
theatre  of  Europe.  He  seems,  therefore,  to  have  instructed  his 
Governor  General  of  the  Netherlands  to  insist  on  compliance,  as  far 
as  could  be  insisted,  without  producing  resistance  by  arms ;  but  at 
the  same  time  to  have  furnished  him  with  a  sufficiently  complete 
recantation  to  prevent  the  eflects  of  insurrection.  The  Governor 
pressed ;  the  people  were  firm ;  a  small  act  of  force  was  then 
attempted,  which  produced  a  decided  resistance,  in  which  the 
people  killed  several  of  the  military.  The  last  resource  was  then 
used,  which  was  the  act  of  recantation.  This  produced  immediate 
tranquillity,  and  every  thing  there  is  now  finally  settled  by  the 
Emperor's  relinquishment  of  his  plans. 

]My  letter  of  the  evening  of  September  the  22d,  informed  you  that 
the  Prussian  troops  had  entered  Holland,  and  that  of  the  2-lth  that 
England  had  announced  to  this  Court  that  she  was  arming  generally. 
These  two  events  being  simultaneous,  proved   that  the  two  so\  er- 


96  THOMAS  JEFFERSON— JOHN  JAY. 

eigns  acted  in  concert.  Immediately  after,  the  Court  of  London 
announced  to  tlie  other  Courts  of  Europe,  that  if  France  entered 
Holland  with  an  armed  force,  she  would  consider  it  as  an  act  of 
hostility,  and  declare  war  against  her;  sending  Mr.  Grenville  here  at 
the  same  time  to  make  what  she  called  a  conciliatory  proposition. 
This  proposition  was  received  as  a  new  insult,  INIr.  Grenville  very 
coolly  treated,  and  he  has  now  gone  back.  It  is  said  he  has  carried 
the  ultimatum  of  France.  What  it  is  particularly  has  not  transpired. 
It  is  only  supposed,  in  general,  to  be  very  firm. 

You  will  see  in  one  of  the  Leyden  gazettes,  one  of  the  letters 
written  by  the  Ministers  of  England  to  the  Courts  of  their  respective 
residence,  communicating  the  declaration  beforementioned.  In  the 
meantime  Holland  has  been  sooner  reduced  by  the  Prussian  troops 
than  could  have  been  expected.  The  abandonment  of  Utrecht  by 
the  Rhingrave  dc  Salm  seems  to  have  throw  n  the  people  under  a 
general  panic,  during  which  every  place  submitted  except  Amster- 
dam that  had  opened  conferences  with  the  Duke  of  Brunswick ;  but 
as  late  as  the  22d  instant  no  capitulation  was  yet  concluded.  The 
King  of  Prussia  on  his  first  move  demanded  categorically  of  the 
King  of  Poland,  what  part  he  intended  to  act  in  the  event  of  war. 
The  latter  answered  he  should  act  as  events  should  dictate  ;  and  is, 
in  consequence  of  this  species  of  menace  from  Prussia,  arming 
himsL'lf.  He  can  bring  into  the  field  about  seventy  thousand  good 
cavahy.  In  the  meantime,  thouLjh  nothing  transpires  publicly  of  the 
confederation  between  France  and  the  two  Empires  mentioned  in 
my  letter  of  September  19th,  it  is  not  the  less  sure  that  it  is  on  the 
carpet,  and  will  take  j)lace.  To  the  circumstances  beforementioned 
may  be  added,  as  further  indications  of  wnv,  the  naming  as  General- 
issimo of  tlieir  IMarine  on  the  Atlantic,  Monsieur  de  St.  SuHrein  ;  on 
the  Mediterranean,  ]\Ionsieur  Albert  de  Kioms,  the  recalling  Monsieur 
de  St.  Priest,  their  Ambassador,  from  Antwerp  before  he  had  reached 
the  Hague,  and  the  activity  in  (heir  armaments  ])y  sea.  On  the 
other  hand,  the  little  movement  by  land  would  make  one  supjiosc 
they  expected  to  put  the  King  of  Prussia  into  other  hands.  They, 
too,  like  the  Emperor,  are  arranging  matters  at  honic  'J'he  rigorous 
duty  of  tlio  (Iciix  vim^ticmcs  is  cnregistered,  the  stamp  act  and  imjiost 
territorial  arc  revoked,  the;  Parliament  recalled,  iIk;  nation  soothed 
by  these  acts, and  inspirited  by  the  insidts  of  the  Hritish  C'oint.  The 
part  of  the  Council  still  loaning  towards  peace  are  become  unpopular, 


DIPLOMATIC  CORRESPONDENCE.  97 

and  perhaps  may  feel  the  effects  of  it.  No  change  in  the  Adminis- 
tration has  taken  place  since  my  last,  unless  we  may  consider  as  such 
M.  Caharrus's  refusal  to  stand  in  the  lines.  Thinking  he  should  be 
forced  to  follow  too  seriously  plans  formed  by  others,  he  has  declined 
serving.  Should  this  war  take  place,  as  is  quite  probable,  and  should 
it  be  as  general  as  it  threatens  to  be,  our  neutrality  must  be  attended 
with  great  advantages.  Whether  of  a  nature  to  improve  our  morals 
or  our  happiness  is  another  question.  But  is  it  sure  that  Great 
Britain,  by  her  searches,  her  seizures,,  and  other  measures  for  harass- 
ing "us,  will  preserve  our  neutrality?  I  know  it  may  be  argued  that 
the  land  war  which  she  would  superadd  to  her  sea  war  by  provoking 
us  to  join  her  enemies,  should  rationally  hold  her  to  her  good  behavior 
with  us.  But  since  the  accession  of  the  present  monarch  has  it  not 
been  passion,  and  not  reason,  which,  nine  limes  out  of  ten,  has  dic- 
tated her  measures  ?  Has  there  been  a  better  rule  of  prognosticating 
what  he  would  do  than  to  examine  what  he  ought  not  to  do  ?  When 
I  review  this  disposition,  and  review  his  conduct,  I  have  little  hope 
of  his  permitting  our  neutrality.  He  will  find  subjects  of  provocation 
in  various  articles  of  our  treaty  with  France,  which  will  now  come 
into  view  in  all  their  consequences,  and  in  consequences  very 
advantageous  to  the  one  and  the  other  country.  I  suggest  these 
doubts  on  a  supposition  that  our  magazines  are  not  prepared  for 
war,  and  in  the  opinion  that  provisions  for  that  event  should  be 
thought  of. 

The  enclosed  letter  from  Mr.  Dumas  came  to  me  open,  though 
directed  to  you.  I  immediately  waited  on  the  Ambassadors,  ordinary 
and  extraordinary,  of  Holland,  and  the  Envoy  of  Prussia.  I  prayed 
them  to  interest  themselves  to  have  his  person,  his  family,  and  his 
goods  protected.  They  promised  me  readily  to  do  it,  and  have 
written  accordingly.  I  trust  it  will  be  with  effect.  I  could  not 
avoid  enclosing  you  the  letter  from  IMonsieur  Bourbe,  though  1  have 
satisfied  him  he  is  to  expect  nothing  from  Congress  for  his  inventions. 
These  arc  better  certified  than  most  of  those  things  are ;  but  if  time 
stamps  their  worth,  time  will  give  them  to  us.  He  expects  no  further 
answer. 

The  gazettes  of  Leyden  and  France  to  this  date  accompany  this, 
which  will  be  delivered  you  by  the  Count  de  INIoustier,  Minister 
Plenipotentiary  from  this  country. 

1  have  the  honor  to  be,  kc,  TH :  JEFFERSON. 

Vol.  U.— 7 


gg  THOMAS  JEFFERSON-JOHN  JAY. 

T-KOM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

(Private.) 

Paris,  October  8,  1787. 

on.    ro„n,  deJIoustier,  Minister  Plenipotentiarj- from  the  Court 

offers*  to  be  United' States,  .ill  have  the  honor  of  dehvern^ 
of  Versailles  tot  ^^^^^  ^.j,  _,^^^^^„,y  connect 

you  this.     The  connexion        )  ^^.^^  ^^    ^^_  ^_, 

you  in  --1™-'-"-'  "^t^l,,'  "jTs  plfe  charaeter.  You  will 
account  of  h>s  P^-''™'^'  f  ^^'  .y  X  ,e  i„  his  manners,  and  a 
find  Lira  open,  commun.eatue,  ':^"<'"'' ;"  P  -^^^  ^  resolution 

declared  ene,,,.ooste„.uon  and  lu.^^.    He  S^^^^^^^  ,,^^^  ,^^ 

to  add  no  aliment  to  it  by  his  exampi  ,  Pprmlt  me 

r^S  d^Moustier.  . -— m^^^^^^^^^^^^^  -Pe-- 

=--?5£tr^^«^"^-:o^ 
:trr:;rre*mif,.e^— ^^^^^^^^ 

7^S:^Ci::tl  .f;::rrecei.and  treat  her 

'■'trc"  nt  d'—  irr  "3  m  »  day  or  t.o.     He  desired  me 
.0  IlraluL  to  your  recollection,  and  to  --e  you  oh.  ft.n  .1,^- 

In  a  letter  which  I  mean  as  a  pnvate  ""'^■^^"^s^^^Tl  -y 
™„u.e  for  a  public  one,  yet  not  unamus.ng  ^^^^^l  „  ^J. 

-r  t::;  ;:; ;:; Xi" " -rl  t:,:c:ncii .-.  on  t,. 

Tn^lnl'^r'^d  pc'ace.     Mon.eur  de  M»tmon^^^ 

,L  liroteuil  have  been  constantly  ^"y'-"-    .^^"'\l  .^Zl  ouc  \M 

,,,  ,y  0,e  Queen.  ;^^^l^^:r^::^^^^^^     '^^'^ 
the  day,  .s  dnink  the  other,  an.l   *i,n  ^^^^ 

Arcl,l,isl,op  of  Tltotdouse  des.rcs  peace      ^1  "U  '.  b^™  '  > 

Q„een  he  ;'. oppo^^^.  ;;  '^  r:;:.:'';;  .'r^hl  Athhishop  will 

s:,:rr^::;:r'Hu;a,.ntri.t..ai.adyhe^-o^ 

him  from  his  place,  and  it  is  rather  probable  it  nviU  succeeu 


DIPLOMATIC  CORRESPONDENCE.  QQ 

a  good  and  patriotic  Minister  for  peace,  and  very  capable  in  the 
department  of  finance.  At  least  he  is  so  in  theory.  I  have  heard 
his  talents  for  execution  censured.  Can  I  be  useful  here  to  INIrs. 
Jay  or  yourself  in  executing  any  commissions,  great  or  small  ?  I 
ofl'er  you  my  services  with  great  cordiality.  You  knowwhether  any 
of  the  wines  of  this  country  may  attract  your  wishes.  In  my  tour 
last  spring  I  visited  the  best  vineyards  of  Burgundy,  Cote-rotie, 
Hermitage,  Lunelle,  Frontignan,  and  white  and  red  Bordeaux,  got 
acquainted  with  the  proprietors,  and  can  procure  for  you  the  best 
crops  from  the  vigneron  himself.  Mrs.  Jay  knows  if  there  is  any- 
thing else  here  in  which  I  could  be  useful  to  her.  Command  me 
without  ceremony,  as  it  will  give  me  real  pleasure  to  serve  you ;  and 
be  assured  of  the  sincere  attachment  and  friendship  with  which  I 
am,  &:c., 

TH:  JEFFERSON. 
0 

FROM   THOMAS    JEFFERSON   TO    M.    LE    COMTE    DE    MOUSTIER. 

Paris,  October  9,  1787. 

Mr.  Jefferson  has  the  honor  of  presenting  his  respects  to  Monsieur 
le  Comte  de  ]\Ioustier,  and  of  taking  leave  of  him  by  letter,  which 
he  is  prevented  doing  in  person  by  an  unexpected  visit  to  Versailles 
to-day.  He  will  hope  to  have  the  pleasure  of  sometimes  hearing 
from  him,  and  will  take  the  liberty  occasionally  of  troubling  him 
with  a  letter.  He  considers  the  Count  de  Mousticr  as  forming,  with 
himself,  the  two  end  links  of  that  chain  which  holds  the  two  nations 
together;  and  is  happy  to  have  observed  in  him  dispositions  to 
strengthen  rather  than  to  weaken  it.  It  is  a  station  of  importance, 
as  on  the  cherisliiiig  good  dispositions  and  quieting  bad  ones,  will 
depend,  in  some  degree,  the  happiness  and  prosperity  of  the  two 
countries.  The  Count  de  Moustier  will  find  the  affections  of  the 
Americans  with  France,  but  their  habits  with  England.  Chained  to 
that  country  by  circumstances,  embracing  what  they  loathe,  they 
realize  the  fable  of  the  living  and  the  dead  bound  together.  ]\Ir. 
Jefferson  troubles  the  Count  de  INIousticr  with  two  letters  to  gentle- 
men whom  he  wishes  to  recommend  to  his  particular  acquaintance, 
and  to  that  of  Madame  deBrchan.  He  bids  Monsieur  de  Moustier  a 
most  friendly  adieu,  and  wishes  him  every  thing  which  may  render 
agreeable  his  passage  across  the  water,  and  his  residence  beyond  it. 


100  THOMAS  JEFFERSON- JOHX  JAY. 

FROM    THOMAS    JEFFER50X    TO    C.    W.    F.    DUMAS. 

Paris,  October  14,  1737. 
Sir, 

I  have  duly  received  your  favors  of  October  the  23d  and  26th. 
With  respect  to  the  mission  you  suggest  in  the  former,  no  powers 
are  lodged  in  the  hands  of  Mr.  Adams  and  myself.  Congress  com- 
missioned Mr.  Adams,  Doctor  Franklin,  and  myself  to  treat  with  the 
Emperor  on  the  subjects  of  amity  and  commerce ;  at  the  same  time 
they  gave  us  the  commission  to  Prussia,  in  which  you  are  acquainted. 
We  proposed  treating  through  the  Imperial  Ambassador  here.  It 
was  declined  on  their  part,  and  our  powers  expired,  having  been 
given  but  for  two  years.  Afterwards,  the  same  Ambassador  here 
was  instructed  to  offer  to  treat  with  us.  I  informed  him  our  powers 
were  expired,  but  tliat  I  would  write  to  Congress  on  the  subject. 
I  did  so,  but  have  never  yet  received  an  answer.  Whether  this 
proceeds  from  a  change  of  opinion  in  them,  or  from  the  multiplicity 
of  their  occupations,  I  am  unable  to  say.  But  this  state  of  facts  will 
enable  you  to  see  that  wc  have  no  powers  in  this  instance  to  take 
the  measures  you  had  thought  of.  I  sincerely  sympathize  with  you 
in  your  sufferings.  Though  forbidden  by  my  character  to  meddle  in 
the  internal  affairs  of  an  allied  State,  it  is  the  wish  of  my  heart  that 
their  troubles  may  have  such  an  issue  as  will  secure  the  greatest 
degree  of  happiness  to  the  body  of  the  people ;  for  it  is  with  the 
mass  of  the  nation  we  are  allied,  and  not  merely  with  their  gov- 
ernors. To  inform  the  minds  of  the  people,  and  to  follow  their  will, 
is  the  chief  duty  of  those  placed  at  their  head.  What  party,  in  your 
late  struggles,  was  most  likely  to  do  this,  you  are  more  competent  to 
judge  than  I  am. 

Under  every  event,  that  you  may  be  safe  and  happy,  is  the  sincere 
wish  of  him,  who  has  the  honor  to  be,  &ic., 

TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    THE    COINT    HE    MONTMORIN. 

Paris,  October  23,  1787. 
Sir, 

I  take  the  liberty  of  troubling  your  Excellency  on  the  subject  of 

the  arret  which  has  lately  appeared,  for  prohibiting  the  importation 


DIPLOMATIC  CORRESPOXDE^'CE.  101 

of  whale  oils  and  spermaceti,  the  produce  of  foreign  fisheries.  This 
production  being  expressed  in  general  terms,  seems  to  exclude  the 
whale  oils  of  the  United  States  of  America,  as  well  as  of  the  nations 
of  Europe.  The  uniform  disposition,  however,  which  his  INIajesty 
and  his  IMinisters  have  shewn  to  promote  the  commerce  between 
France  and  the  United  States  by  encouraging  our  productions  to 
come  hither,  and  particularly  those  of  our  fisheries,  induces  me  to 
hope  that  these  were  not  within  their  view  at  the  passing  of  this 
arret.  I  am  led  more  into  this  opinion,  when  I  recollect  the  assi- 
duity exercised  for  several  months  in  the  year  1785,  by  the  committee 
appointed  by  Government  to  investigate  the  objects  of  commerce  of 
the  two  countries,  and  to  report  the  encouragements  of  which  it  was 
susceptible ;  the  result  of  that  investigation,  which  his  Majesty's 
Comptroller  General  did  me  the  honor  to  communicate,  in  a  letter  of 
22d  of  October,  1786,  stating  therein  the  principles  which  should  be 
established  for  the  future  regulation  of  that  commerce,  and  particu- 
larly distinguishing  the  article  of  whale  oils  by  the  abatement  of  the 
duties  on  them  for  the  present,  and  a  promise  of  farther  abatements 
after  the  year  1790 ;  the  thorough  reinvestigation  with  which  Mon- 
sieur de  Lambert  honored  this  subject,  when  the  letter  of  1786  was 
to  be  put  into  the  form  of  an  arret ;  that  arret  itself,  bearing  date  the 
29th  of  December  last,  which  ultimately  confirmed  the  abatements 
of  duty  present  and  future,  and  declared  that  his  Majesty  reserved  to 
himself  to  grant  other  favors  to  that  production,  if  on  further  inform- 
ation he  should  find  it  for  the  interest  of  the  two  nations  ;  and  finally, 
the  letter  in  which  IMonsieur  de  Lambert  did  me  the  honor  to  enclose 
the  arret,  and  to  assure  me  that  the  duties  which  had  been  levied  on 
our  whale  oils,  contrary  to  the  intention  of  the  letter  of  1786,  should 
be  restored.  On  a  review  then  of  all  these  circumstances,  I  cannot 
but  presume  that  it  has  not  been  intended  to  reverse,  in  a  moment, 
views  so  maturely  digested  and  uniformly  pursued ;  and  that  the 
general  expressions  of  the  arret  of  September  the  28th  had,  within 
their  contemplation,  the  nations  of  Europe  only.  This  presumption 
is  further  strengthened  by  having  observed,  that  in  the  treaties  of 
commerce  made  since  the  epoch  of  our  independence,  the  jura  gciitis 
amicissimoe  conceded  to  other  nations  are  expressly  restrained  to 
those  of  the  "  most  favored  European  nation ;"  his  ^lajesty  wisely 
foreseeing  that  it  would  be  expedient  to  regulate  the  commerce  of  a 
nation,  which  brings  nothing  but  raw  materials  to  employ  the 
industry  of  his  subjects,  very  differently  from  that  of  other  European 


,02  THOMAS  JEFFERSON-JOHN  JAY. 

nations,  who  bring  .nostly  what  has  aheady  passed  through  all  the 

stages  of  manufacture.  ■  infomiation 

On  '•-l^'--'='"r^„\, f  ,      /o  Tate  „r;«;  and  if  I 
from  y°- Excellency  as  to  tixten  ^^^^^^^  ^^  ^^  .^^^^  ^^^^ 

have  not  been  ,mstaU.nsuppos„^^.^.^  -^  explanatory  arrU   to 

liom  >oui  i.  J  dispostions  to  multiply  latlier 

rd-lt;:  t"rnli::ionro;intereL  het.een  the  t.o  people 

continue  unaltered.  Tint  between  tins 

rommerce  is  slow  in  changing  its  channel,     lliat  bet^veen 

s,.  /rhi™ ».."-"'  »-'■  ■•  •■" '—  '"'■ ""'' 

T  hive  had  too  many  proofs  of  the  iiu-ndl)  mtf  icsi  yu 
1  have  the  honor  to  be,  Uc,  ^^^  _  JEFFERSON. 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  Novtnilxr  3,  1787. 

^"^'  f  .1,0  Qtli  and  27lli  of  October.     In 

.r::irt3;:;rL!'d:;::io„  of  this  country,  o,at 


DIPLOxMATIC  CORRESPONDENCE.  103 

they  would  interpose  with  force  if  the  Prussian  troops  entered 
Holland  ;  the  entry  of  those  troops  into  Holland ;  the  dctlaration  of 
England,  that  if  France  did  oppose  force  they  would  consider  it  as 
an  act  of  war.  The  naval  armaments  on  both  sides  ;  the  nomination 
of  the  Bailli  de  SulTrein  as  Generalissimo  on  the  ocean ;  and  the 
cold  reception  of  ]Mr.  Grenville  here,  with  his  conciliatory  propo- 
sitions, as  so  many  symptoms  which  seemed  to  indicate  a  certain 
and  immediate  rupture.  It  was,  indeed,  universally  and  hourly 
expected.  But  the  King  of  Prussia,  a  little  before  these  last  events, 
got  wind  of  the  alliance  on  the  carpet  between  France  and  the  two 
Empires ;  he  awoke  to  the  situation  in  which  that  would  place  him ; 
he  made  some  applications  to  the  Court  of  St.  Petersburg!!,  to  divert 
the  Empress  from  the  proposed  alliance,  and  supplicated  the  Court 
of  London  not  to  abandon  him.  That  Court  had  also  received  a 
hint  of  the  same  project.  Both  seemed  to  suspect,  for  the  first  time, 
that  it  would  be  possible  for  France  to  abandon  the  Turks,  and  that 
they  were  likely  to  get  more  than  they  had  played  for  at  Constanti- 
nople ;  for  they  had  meant  nothing  more  there  than  to  divert  the 
Empress  and  Emperor  from  the  affairs  of  the  west  by  employing 
them  in  the  east,  and  at  the  same  time  to  embroil  them  with  France 
as  the  patroness  of  the  Turks.  The  Court  of  London  engaged  not 
to  abandon  Prussia ;  but  both  of  them  relaxed  a  little  the  tone  of 
their  proceedings.  The  King  of  Prussia  sent  a  Mr.  Alvensleben 
here,  expressly  to  explain  and  soothe ;  the  King  of  England,  not- 
withstanding the  cold  reception  of  his  propositions  by  Grenville, 
renewed  conferences  here  through  Eden  and  the  Duke  of  Dorset. 
The  Minister,  in  the  affectation  of  his  heart  for  peace,  readily  joined 
in  conference,  and  a  declaration  and  a  counter-declaration,  were 
cooked  up  at  Versailles,  and  sent  to  London  for  approbation.  They 
were  approved,  arrived  here  at  one  o'clock  the  27th,  were  signed 
that  night  at  Versailles,  and  on  the  next  day  I  had  the  honor  of 
enclosing  them  to  you,  under  cover  to  the  Count  dc  Moustier,  whom 
I  supposed  still  at  Brest,  dating  my  letter  as  of  the  '27th,  by  mistake 
for  the  28th.  Lest,  however,  these  papers  should  not  have  got  to 
Brest  before  the  departure  of  the  Count  de  Moustier,  I  now  enclose 
you  other  copies.  The  English  di-clanition  states  a  notification  of 
this  Court,  in  September,  by  Bartheicmy,  their  Minister  at  London, 
"that  they  would  send  succors  into  Holland,"  as  the  first  cause  of 
England's  arming  ;  desires  an  explanation  of  the  intentions  of  this 


JQ4  THOMAS  JEPPERSON-JOHN  JAY. 

Court    as  to  the  affairs  of  Holland,  and  proposes  to  disarm;  on 
condition,  however,  that  the  King  of  Franee  shall  -t  retan,  any 
hostile  views  in  any  quarter  for  what  has  been  done  ,n  Holland 
This  last  phrase  was  to  seeure  Prussia,  aecordtng  to  prom.se.      ihe 
Kin.,  of  Franco  acknowledges  the  notiBcation  by  h,s  Mmtster  at 
Lon°do,r,  promises  he  will  do  nothing  in  consequence  of  .t,  declares 
he  has  no  intention  to  intermeddle  with    force   n,    the   affairs  of 
Holland,  and  that  he  will  entertain  hostile  views  m  no  quarter,  lor 
what  has  been  done  there.     He  disavows  hav.ng   ever   had    any 
bte  tion  to  interpose  with  force  in  the  affairs  of  that  Repubhc^ 
This  disavowal  begins  the  sentence  which  acknowledges  he  had 
notified  the  contrary  to  the  Court  of  London,  and  ,t  mclu  es  no 
apology  to  soothe  the  feelings  which  may  be  exctted  ,n  the  breasts 
of  the  Patriots  of  Holland,  at  hearing  the  King  declare  he  never  d,d 
intend  to  aid  them  with  force,  when  promises  to  do  th,s  were  the 
basis  of  those  very  attempts  to  better  the  Constitution  which  have 
ended  in  hs  ruin  as  well  as  their  own. 

'  I  have   analyzed   these   declarations,  because,   being   somewhat 
wrapped  up  in  their  expressions,  their  full  imi»rt  might  escape,  on  a 
rans-Lt   leadin-;   and    it   is  necessary  it   should  not  escape.     It 
CO™  ;"  t    ns  tl,;  important  lesson,  that  no  circumstances  of  morality, 
honor  interest,  or  engagement,  are  sufficient  to  authorize  a  secire 
relian  e  on  any  nation,  at  all  times,  and  in  all  positions.     A  momen 
of  difficulty,  or  a  moment  of  error,  may  render  forever  useless    to 
most  friendly  dispositions  in  the  King,   m   tlu-  major  part  of  lis 
Ministers,  Jd  the  whole  of  his  nation.     The  present  Pacfca  -n 
considered  by  most  as  only  a  short  trtice.     They  calctlate  on  the 
spirit  of  the  nation,  and  not  on  the  agued   hand  wh,,.     guile     1^ 
movements.     It  is  eer,:,i„  .ha.  from  this  moment  .  ,,■  ;l«  ";     ™ 
of  Kurope  changes.     Instead  of  counting  together   -ng  and,  A.ist  l  , 
and  UuUi,as  heretofore,  against  Franee,  Spam    Holland    Pms. a 
and  Turkey,  the  ilivision  will  probably  he    Ln.^a.,d,Holland,^ind 
Prussia,  against  Kra.i.e,  Austria,  Russia,  ami  pc'ihaps  Spa.n.     Tins 
last  Po  ver  is  no,  sure,  because  the  .lisposition  ,.i  „s  h,.ir  apparen    is 
not  sure.     But  wb..,h..,  .!,.■  pres-.i.  be  .n„e  or  peace    it  wdl  a  low 
■".:..  mature  the  eondi.ions  of  tlie  alliance  between  France  and  the 
Kmpires,  always  supposed  to  be  on  the  carpet.     It  is  tbo^ 
,0  be  obstructed  by  the  avidity  ..f  lb.'  Ivuperor,  who  *""•"-""; 
a    good    par.   of  Turkey,   Silesia,    liavar.a,   and    the    rights   of  the 


DIPLOMATIC  CORRESPONDENCE.  ]05 

Germanic  body.  To  the  two  or  throe  first  articles,  France  niif;ht 
consent,  receiving  in  gratification  a  well  rounded  portion  of  the 
Austrian  Netherlands,  with  the  Islands  of  Candia,  Cyprus,  Rhodes, 
and  perhaps  Lower  Egypt.  But  all  this  is  in  embryo,  uncertainly 
known,  and  counterworked  by  the  machinations  of  the  Courts  of 
London  and  Berlin. 

The  following  solution  of  the  British  armaments  is  supposed  in  a 
letter  of  the  '25th  ultimo,  from  Colonel  Blachden,  of  Connecticut, 
now  at  Dunkirk,  to  the  IMarquis  de  la  Fayette.  I  will  cite  it  in  his 
own  words :   "  A  gentleman  who  left  London  two  days  ago,  and  came 

*  to  this  place  to-day,  informs  me  that  it  is  now  generally  supposed 

*  that  Mr.  Pitt's  great  secret,  which  has  puzzled  the  whole  nation  so 
'long,  and  to  accomplish  which  design  the  whole  force  of  the  nation 

*  is  armed,  is  to  make  a  vigorous  effort  for  the  recovery  of  America. 
'  When  I  recollect  the  delay  they  have  made  in  delivering  the  forts 

*  in  America,  and  that  little  more  than  a  year  ago  one  of  the  British 
'  Ministry  wrote  to  the  King  a  letter,  in  which  were  these  remarkable 

*  words :  '  If  your  INIajesty  pleases,  America  may  yet  be  yours ;'  add 
'  to  this,  if  it  were  possible  for  the  present  INIinistry  in  England  to 
'  effect  such  a  matter,  they  would  secure  their  places  and  their  power 
'  for  a  long  time,  and  should  they  fail  in  the  end  they  would  be  certain 
'  of  holding  them  during  the  attempt,  which  it  is  in  their  power  to 
'  prolong  as  much  as  they  please,  and  at  all  events  they  would  boast 
'  of  having  endeavored  the  recovery  of  what  a  former  Ministry  had 

*  abandoned — it  is  possible."  A  similar  surmise  has  come  in  a  letter 
from  a  person  in  Rotterdam  to  one  at  this  place.  I  am  satisfied  the 
King  of  England  believes  the  mass  of  our  people  to  be  tired  of  their 
independence,  and  desirous  of  returning  under  his  government,  and 
that  the  same  opinion  prevails  in  the  INIinistry  and  nation.  They 
have  hired  their  news-writers  to  repeat  this  lie  in  their  gazettes  so 
long,  that  tlioy  have  become  the  dupes  of  it  themselves.  But  there 
is  no  occasion  to  recur  to  this  in  order  to  account  for  their  arming. 
A  more  rational  purpose  avowed,  that  purpose  cKecuted,  and  when 
executed  a  solemn  agreement  to  disarm,  seem  to  leave  no  doubt  that 
the  reestaljlislunent  of  the  Stadtholder  was  their  object.  Yet  it  is 
possible,  that  having  found  that  this  Court  will  not  make  war  in  this 
moment  for  any  ally,  new  views  may  arise,  and  they  may  think  the 
moment  favorable  for  executing  any  purposes  they  may  have  in  our 
quarter.    Add  to  this  that  reason  is  no  aid  in  calculating  their  move- 


106  THOMAS  JEFFERSON— JOHX  JAY. 

ments.  We  are,  therefore,  never  safe  till  our  magazines  are  filled 
with  arms.  The  present  season  of  truce  or  peace  should,  in  my 
opinion,  be  improved  without  a  moment's  respite  to  effect  this  essen- 
tial object,  and  no  means  be  omitted  by  which  money  may  be  obtained 
for  the  purpose.  I  say  this,  however,  with  due  deference  to  the 
opinion  of  Congress,  who  are  better  judges  of  the  necessity  and 
practicability  of  the  measure. 

I  mentioned  to  you  in  a  former  letter  the  application  I  had  made 
to  the  Dutch  Ambassadors  and  Prussian  Envoy  for  the  protection  of 
Mr.  Dumas.  The  latter  soon  after  received  an  assurance  that  he 
was  put  under  the  protection  of  the  States  of  Holland ;  and  the 
Dutch  Ambassador  called  on  me  a  few  days  ago,  to  inform  me,  by 
instructions  from  his  constituents,  '•  that  the  States  General  had 
'  received  a  written  application  from  Mr.  Adams  praying  their  pro- 
'  tection  of  Dumas ;  that  they  had  instructed  their  GreJ/ier,  Fagel,  to 
'  assure  IMr.  Adams  by  letter  that  he  was  under  the  protection  of  the 
'  States  of  Holland,  but  to  inform  him  at  the  same  time  that  Mr. 
'  Dumas's  conduct,  out  of  the  line  of  his  ofilcc,  had  been  so  extraor- 
'  dinary  that  they  would  expect  Je  Vhonetetc  de  Mr.  Adams,  that  he 
*  would  charge  some  other  person  with  the  affairs  of  the  United  States 
'  during  his  absence." 

Your  letter  of  September  the  8th  has  been  duly  received.  I  shall 
pay  due  attention  to  the  instructions  relative  to  the  medals,  and  give 
any  aid  I  can  in  the  case  of  Boss's  vessel.  As  yet,  however,  my 
endeavors  to  find  Monsieur  Pauly,  avocat  au  constil  d'etat,  rue 
coquillicre,  have  been  ineffectual.  There  is  no  such  person  living 
in  that  street.  I  found  a  ^Monsieur  Pauly,  avocat  au  Parlcmcnt,  in 
another  part  of  the  town.  He  opened  the  letter,  but  said  it  could 
not  mean  liiin.  I  shall  advertise  in  the  public  papers.  \i  that  fails 
there  will  be  no  other  chance  of  finding  him.  Mr.  Warnum  will  do 
well,  therefore,  to  send  some  other  description  by  which  the  person 
may  be  found.  Indeed,  some  friend  of  the  party  interested  should 
be  engaged  to  follow  up  this  Ijusiness,  as  it  will  require  constant 
attention,  and  probably  a  much  larger  sum  of  money  than  that  named 
in  the  bill  enclosed  in  Mr.  VVanium's  lettir. 

1  have  the  honor  to  enclose  you  a  letter  from  O'Hryen  to  me, 
containing  information  from  Algiers,  and  one  from  Mr.  Montgomery, 
at  Alicant.  The  purpose  of  sending  you  this  last  is  to  show  yoa 
how  much  the  difficulties  of  ransom  are  increased  since  the  Spanish 


DIPLOMATIC  CORRESPONDENCE.  107 

negotiations.  The  Russian  captives  have  cost  about  eight  thousand 
hvres  apiece  on  an  average.  I  certainly  have  no  idea  that  we  should 
give  any  such  sum ;  and  therefore,  if  it  should  be  the  sense  of  Con- 
gress to  give  such  a  price,  I  would  be  glad  to  know  it  by  instruction. 
My  idea  is,  that  we  should  not  ransom  but  on  the  footing  of  the  nation 
which  pays  least,  that  it  may  be  as  little  worth  their  while  to  go  in 
pursuit  of  us  as  any  nation.  This  is  cruelty  to  the  individuals  now 
in  capti\ity,  but  kindness  to  the  hundreds  that  would  soon  be  so, 
were  we  to  make  it  worth  the  while  of  those  pirates  to  go  out  of  the 
straits  in  quest  of  us.  As  soon  as  money  is  provided,  I  shall  put  this 
business  into  train.  I  have  taken  measures  to  damp  at  Algiers  all 
expectations  of  our  proposuig  to  ransom  at  any  price.  I  feel  the 
distress  which  this  must  occasion  to  our  countiymen  there  and  their 
connexions  ;  but  the  object  of  it  is  their  ultimate  good,  by  bringing 
down  their  holders  to  such  a  price  as  Ave  ought  to  pay,  instead  of 
letting  them  remain  in  such  expectations  as  cannot  be  gratified. 

The  gazettes  of  France  and  Lcydcn  accompany  this. 

I  have  the  honor  to  be,  he,  TH:  JEFFERSON. 


[The  annexed  are  translations  of  the  Declaration  and  Counter-Decla- 
ration referred  to  in  the  preceding  letter.] 


DECLARATION. 


The  events  which  have  taken  place  in  the  Republic  of  the  United 
Provinces  appearing  no  longer  to  leave  any  subject  of  discussion,  and 
still  less  of  dispute,  between  the  two  Courts,  the  undersigned  are 
authorized  to  ask  if  it  be  the  mtention  of  his  most  Christian  Majesty 
to  act  in  pursuance  of  the  notification  given  on  the  16th  of  last  month 
by  the  ^linister  Plenipotentiary  of  his  most  Christian  Majesty,  which, 
announcing  his  purpose  of  aiding  Holland,  has  occasioned  maritime 
armaments  on  the  part  of  his  Majesty,  which  armaments  have  become 
recij)rocal. 

If  the  Court  of  Versailles  is  disposed  to  explain  itself  on  this 
subject,  and  on  the  conduct  adopted  towards  the  Republic,  in  a 
manner  conformable  to  the  desire  evinced  by  each  party  to  procure 
a  good  understanding  between  the  two  Courts,  it  being  also  under- 
stood, at  the  5ame  thne,  that  no  hostile  view  is  entertained  in  any 


108  THOMAS  JEFFERSON-JOHN  JAY. 

quarter  in  consequence  of  the  past ;  his  Majesty,  always  eager  to 
manifest  his  concurrence  in  the  friendly  sentiments  of  his  most  Chris- 
tian Majesty,  agrees  forthwith  that  the  armaments,  and,  in  general, 
all  preparations  for  war,  shall  be  mutually  discontinued,  and  that  the 
marines  of  the  two  nations  shall  be  placed  on  the  footing  of  a  peace 
establislmient,  such  as  existed  on  the  first  of  January  of  the  present 

year. 

DORSET, 

WM.  EDEN. 

At  Versailles,  the  27th  of  October,  1787. 


COUNTER-DECLARATION. 


It  neither  being,  nor  ever  having  been,  the  intention  of  his  JNIajesty 
to  interpose  by  force  in  the  affairs  of  the  Republic  of  the  United 
Provinces,  the  communication  made  to  the  Court  of  London  by  IMr. 
Barthelemy  having  had  no  other  object  than  to  announce  to  that 
Court  an  intention,  the  motives  of  which  no  longer  exist,  especially 
since  the  King  of  Prussia  has  made  Imown  his  resolution,  his  Majesty 
makes  no  difBculty  in  declaring  that  he  has  no  wish  to  act  in  pursu- 
ance of  the  communication  aforesaid,  and  that  he  entertains  no  hostile 
view  in  any  quarter  relative  to  what  lias  passed  in  Holland. 

Consequently,  his  Majesty,  desiring  to  concur  in  the  sentiments  of 
his  Britannic  INIajesty  for  the  preservation  of  a  good  understanding 
between  the  two  Courts,  consents  ^\  iih  j)leasure  to  the  proposition  of 
his  Britannic  Majesty,  that  the  armaments,  and,  in  general,  all  prep- 
arations for  war,  shall  be  mutually  discontinued,  and  that  the  navies 
of  the  two  nations  shall  be  replaced  upon  the  footing  of  the  peace 
establishment,  as  it  existed  on  the  first  day  of  January  of  the  present 
year. 

MOINTMORIN. 

At  Versailles,  the  27th  October,  1787. 


FROM    THOMAS    JEKKKIISON    TO    JOHN    JAY. 

(Privatf.) 

PariH,  November  3,  1787. 
Dear  Sir, 

I  shall  taki'  the  liberty  of  confiding  sometimes  to  a  j)rivatc  letter 
sucii  details  of  the  small  history  of  llic  Cuuii  or  Cabiiiet,  as  may  be 


DIPLOMATIC  CORRESPONDENCE.  109 

wortliy  of  being  known,  and  yet  not  proper  to  be  publicly  commu- 
nicated. I  doubt  whether  the  Administration  is  yet  in  a  permanent 
form.  The  Count  de  Montmorin  and  Baron  de  Breteuil  are,  I 
believe,  firm  enough  in  their  places.  It  was  doubted  whether  they 
would  wait  for  the  Count  de  la  Luzerne  if  the  war  had  taken  place ; 
but,  at  present,  I  suppose  they  will.  I  wish  it,  also,  because  IM.  de 
Hector,  his  only  competitor,  has  on  some  occasions  shewn  little 
value  for  the  connexion  with  us.  Lambert,  the  Comptroller  General, 
is  thought  to  be  very  insecure.  I  should  be  sorry,  also,  to  lose  him. 
I  have  worked  several  days  with  him,  the  INIarquis  de  la  Fayette, 
and  INIonsieur  du  Pont,  (father  of  the  young  gentleman  gone  to 
America  with  the  Count  de  Moustier,)  to  reduce  into  one  arret 
whatever  concerned  our  commerce.  I  have  found  him  a  man  of 
great  judgment  ?nd  application,  possessing  good  gendi'al  principles 
on  subjects  of  commerce,  and  friendly  dispositions  towards  us.  He 
passed  the  arret  in  a  very  favorable  form  ;  bujt  it  has  been  opposed  in 
the  Council,  and  will,  I  fear,  suffer  some  alteration  in  the  article  of 
whale  oil.  That  of  tobacco,  which  was  put  into  a  separate  instru 
ment,  experiences  difficulties  also,  which  did  not  come  from  him. 
M.  du  Pont  has  rendered  us  essential  services  on  these  occasions.  I 
wish  his  son  could  be  so  well  noticed  as  to  make  a  favorable  report 
to  his  father;  he  would,  I  think,  be  gratified  by  it,  and  his  good 
dispositions  be  strengthened  and  rendered  further  useful  to  us. 
Whether  I  shall  be  able  to  send  you  these  regulations  by  the 
present  packet  will  depend  on  their  getting  through  the  Council  in 
time.  The  Archbishop  continues  well  with  his  patroness.  Her 
object  is  a  close  connexion  with  her  brother.  I  suppose  he  con- 
vmces  her  that  peace  will  furnish  the  best  occasion  of  cementing 
that  connexion. 

It  may  not  be  unlnstructive  to  give  you  the  origin  and  nature  of 
his  influence  with  the  Queen.  When  the  Duke  de  Choiseul  pro- 
posed the  marriage  of  the  Dauphin  with  this  lady,  he  thought  it 
proper  to  send  a  person  to  Vienna  to  perfect  her  in  the  language. 
He  asked  his  friend,  the  Archbishop  of  Toulouse,  to  recommend  to 
him  a  proper  person.  He  recommended  a  certain  Abbe,  The 
Abbe,  from  his  first  arrival  in  Vienna,  either  tutored  by  his  patron  or 
prompted  by  gratitude,  impressed  on  the  Queen's  mind  the  exalted 
talents  and  merits  of  the  Archbishop,  and  continually  represented 
him  as  the  only  man  fit  to  be  placed  at  the  helm  of  allairs.     On  his 


110  THOMAS  JEFFERSON— JOHN  JAY. 

return  to  Paris,  being  retained  near  the  person  of  the  Queen,  he 
kept  him  constantly  in  her  view.  The  Archbishop  was  named  of 
the  Assemblec  des  iS'otables,  had  occasion  enough  there  to  prove  his 
talents,  and  Count  de  Vergennes,  his  great  enemy,  dying  opportunely, 
the  Queen  got  him  into  place.  He  uses  the  Abbe  even  yet  for 
instilling  all  his  notions  into  her  mind.  That  he  has  imposing 
talents  and  patriotic  dispositions  I  think  is  certain.  Good  judges 
think  him  a  theorist  only,  little  acquainted  with  the  details  of  busi- 
ness, and  spoiling  all  his  plans  by  a  bungling  execution.  He  may 
perhaps  undergo  a  severe  trial.  His  best  actions  are  exciting  against 
him  a  host  of  enemies,  particularly  the  reduction  of  the  pensions  find 
reforms  in  other  branches  of  economy.  Some  think  the  other 
Ministers  are  willing  to  stay  in  till  he  has  effected  this  odious  yet 
necessary  work,  and  that  they  will  then  make  him  the  scape-goat  of 
the  transaction.  The  declarations,  too,  which  I  send  you  in  my 
public  letter,  if  they  should  become  public,  will  probably  raise  a 
universal  cry.  It  will  all  fall  on  him,  because  Montmorin  and 
Breteuil  say,  without  reserve,  that  the  sacrifice  of  the  Dutch  has 
been  against  their  advice.  Ho  will,  perhaps,  not  permit  these 
declarations  to  appear  in  this  country.  They  arc  absolutely 
unknown  ;  they  were  communicated  to  me  by  the  Duke  of  Dorset, 
and  I  believe  no  other  copy  has  been  given  here.  They  will  be 
published,  doubtless,  in  England,  as  a  proof  of  their  triumph,  and 
may  from  thence  make  their  way  into  this  country.  U  the  Premier 
can  stem  a  few  months,  he  may  remain  long  in  oflice,  and  will  never 
make  war  if  he  can  help  it.  If  he  should  be  removed,  the  peace 
will  probably  be  short.  He  is  solely  chargeable  with  the  loss  of 
Holhuid.  True,  they  could  not  have  raised  money  by  taxes  to 
supply  the  necessities  of  war;  but  could  they  do  it  were  their 
finances  ever  so  well  arranged  ?  No  nation  makes  war  now-a-days 
but  by  the  aid  of  loans  ;  and  it  is  probable  that  in  a  war  for  the 
liberties  of  Holland  all  the  treasures  of  ihat  country  would  have  been 
at  their  service,  Tlicy  have  now  lost  the  cow  which  furnishes  the 
milk  of  war.  Sh(i  will  be  on  the  side  of  their  enemies  whenever  a 
rupture  shall  take  jjlace  ;  and  no  arrangement  of  their  finances  can 
countervail  this  circumstance. 

I  have  no  doubt  you  permit  Jicccss  to  the  lc;tters  of  your  foreign 
Ministers  by  persons  only  of  the  most  perfect  trust.  It  is  in  the 
European  system  to  bribe  the  clerks  high,  in  order  to  obtain  copies 


DIPLOMATIC  CORRESPONDENCE.  1 1 1 

of  interesting  papers.  I  am  sure  you  are  equally  attentive  to  tlie 
conveyance  of  your  letters  to  us,  as  you  know  that  all  are  opened 
that  pass  through  any  post  oflice  of  Europe.  Your  letters  which 
come  by  the  packet,  if  put  into  the  mail  at  New  York,  or  into 
the  post  oftice  at  Havre,  wore  proofs  that  they  had  been  opened. 
The  passenger  to  whom  they  are  confided  should  be  cautioned  always 
to  keep  them  in  his  own  hands  till  he  can  deliver  them  personally  in 
Paris. 

1  have  the  honor  to  be,  fee,  Til:  JEFFERSON. 


FROM   THOMAS    JEFrERSON    TO    THE    COUNT    DE    MONTMORIN. 

Paris,  November  G,  1787. 
Sir, 

I  take  the  liberty  of  asking  your  Excellency's  perusal  of  the 
enclosed  case  of  an  American  hostage,  confined  in  the  prisons  of 
Dunkirk.  His  continuance  there  seems  to  be  useless  and  yet  end- 
less. Not  knowing  how  far  the  Government  can  interfere  for  his 
relief,  as  it  is  a  case  wherein  private  property  is  concerned,  I  do  not 
presume  to  ask  his  liberation  absolutely,  but  I  will  solicit  from  your 
Excellency  such  measures  in  his  behalf  as  the  laws  and  usages  of 
the  country  may  permit. 

The  Comptroller  General  having  been  so  good  as  to  explain  to 
me,  in  a  conversation,  that  he  wished  to  know  what  duties  were 
levied  in  England  on  American  whale  oil,  I  have  had  the  honor  of 
informing  him,  by  letter,  that  the  ancient  duties  on  that  article  arc 
seventeen  pounds  six  shillings  and  six  pence  sterling  the  ton,  and 
that  some  late  additional  duties  make  them  amount  to  about  eighteen 
pounds  sterling.  That  the  common  whale  oil  sells  there  but  for 
about  twenty  pounds  sterling  the  ton,  and,  of  course,  the  duty 
amounts  to  a  prohibition.  This  duty  was  originally  laid  on  all 
foreign  fish  oil,  with  a  view  to  favor  the  British  and  American  fish- 
eries. When  we  became  independent,  and,  of  course,  foreign  to 
Great  Britain,  we  became  subject  to  the  foreign  duty.  No  duty, 
therefore,  which  France  may  think  proper  to  lay  on  this  article,  can 
drive  it  to  the  English  market.  It  could  only  oblige  the  inhabitants 
of  Nantucket  to  abandon  their  fisheries.  But  the  poverty  of  their 
soil  oftcring  them  no  other  resource,  they  must  quit  their  country. 


112  THOMAS  JEFFERSON— JOHN  JAY. 

and  either  establish  themselves  in  Nova  Scotia,  where,  as  British 
fishermen,  they  may  participate  of  the  British  premium,  in  addition 
to  the  ordinary  price  of  their  whale  oil,  or  they  must  accept  the 
conditions  which  this  Government  offers  for  the  establishment  they 
have  proposed  at  Dunkirk.  Your  Excellency  will  judge  what  con- 
ditions may  counterbalance  in  their  minds  the  circumstances  of  the 
vicinity  of  Nova  Scotia,  sameness  of  language,  laws,  religion,  cus- 
toms, and  kindred.  Remaining  in  their  native  country,  to  which  they 
are  most  singularly  attached,  excluded  from  commerce  with  England, 
taught  to  look  to  France  as  the  only  country  from  which  they  can 
derive  sustenance,  they  will,  in  case  of  war,  become  useful  rovers 
against  its  enemies.  Their  position,  their  poverty,  their  courage, 
their  address,  and  their  hatred,  will  render  them  formidable  scourges 
on  the  British  commerce.  It  is  to  be  considered  then,  on  the  one 
hand,  that  the  duty  which  M.  de  Calonne  had  proposed  to  retain  on 
this  oil,  may  endanger  the  shifting  this  useful  body  of  seamen  out 
of  our  joint  scale  into  that  of  the  British ;  and  also,  may  suppress  a 
considerable  subject  of  exchange  for  the  productions  of  France.  On 
the  odier  hand,  that  it  may  produce  an  addition  to  his  JNIajesty's 
revenue.  What  I  have  thus  far  said  is  on  the  supposition  that  the 
duty  may  operate  as  a  diminution  of  the  price  received  by  the  fisher- 
man. If  it  act  in  the  contrary  direction,  and  produce  an  augmenta- 
tion of  price  to  the  consumer,  it  immediately  brings  into  competition 
a  variety  of  other  oils,  vegetable  and  animal,  a  good  part  of  which 
France  receives  from  abroad  ;  and  the  fisherman,  thus  losing  his 
market,  is  compelled  equally  to  change  either  his  calling  or  country. 
When  ^I.  de  Calonne  first  agreed  to  reduce  the  duties  to  what  he 
has  declared,  I  had  great  hopes  the  commodity  could  bear  them,  and 
that  it  would  become  a  medium  of  commerce  between  France  and 
the  United  States.  I  must  confess,  however,  that  my  expectations 
have  not  been  fulfilled,  and  that  little  has  come  here  as  yet.  This 
induces  me  to  fear  that  it  is  so  poor  an  article  that  any  duty  whatever 
will  suppress  it.  Should  this  take  place,  and  the  s])irit  of  emigration 
once  seize  those  peo))lc,  perhaps  an  abolition  of  all  duty  might  then 
come  too  late  to  stop  what  it  would  now  easily  prevent.  1  fear  there 
is  danger  in  the  expi  riniciit,  and  it  remains  for  tin;  wisdom  of  his 
Majfsty  and  his  Ministers  to  deciih'  w  litthcr  thr  prospect  of  gain  to 
the  revenue  or  establisliing  a  national  fishery  may  compensate  this 
danger.      If  the  Government  should   decide   to  retain  the  duty,  I 


DIPLOMATIC  CORRESPONDENCE.  II3 

shall  acquiesce  in  it  cheerfully,  and  do  every  thing  in  my  power  to 
encourage  my  countrymen  still  to  continue  their  occupation. 

The  actual  sessions  of  our  several  Legislatures  would  render  it 
interesting  to  forward  hnmcdiatcly  the  regulations  proposed  on  our 
commerce ;  and  the  expiration  of  the  order  of  Bernis,  at  the  close 
of  this  month,  endangers  a  suspension  and  derangement  in  the  com- 
merce of  tobacco,  very  embarrassing  to  the  merchants  of  the  two 
countries.  Pardon  me,  therefore,  sir,  if  I  appear  solicitous  to  obtain 
the  ultimate  decision  of  his  Majesty's  Council  on  these  subjects, 
and  to  ask  as  early  a  communication  of  that  decision  as  shall  be 
convenient. 

I  have  the  honor  to  be,  &ic.,  TH :  JEFFERSON. 


FROM  THOMAS  JEFFERSON  TO  JOHN  ADAMS. 

Paris,  September  13,  1787. 
Dear  Sir, 

This  will  be  delivered  to  you  by  young  Mr.  Rutledge.  Your 
knowledge  of  his  father  will  introduce  him  to  yom'  notice.  He 
merits  it,  moreover,  on  his  own  account. 

I  am  now  to  acknowledge  your  favors  of  October  the  8th  and 
26th.  That  of  August  the  25th  was  duly  received,  nor  can  I  recol- 
lect by  what  accident  I  was  prevented  from  acknowledging  it  in 
mine  of  September  the  23th.  It  has  been  the  source  of  my  subsist- 
ence hitherto,  and  must  continue  to  be  so,  till  I  receive  letters  on 
the  affairs  of  money  from  America.  Van  Staphorsts  and  Willinks 
have  answered  my  drafts.  Your  books  for  the  Marquis  de  la  Fay- 
ette are  received  here.  I  will  notify  it  to  him,  who  is  at  present 
with  his  Provincial  Assembly  in  Auvcrgne. 

Little  is  said  lately  of  the  progress  of  negotiations  between  the 
Courts  of  Petersburgh,  Vienna,  and  Versailles.  The  distance  of  the 
former,  and  the  cautious,  unassuming  character  of  its  Minister  here, 
is  one  cause  of  delays.  A  greater  one  is,  the  greediness  and  unstable 
character  of  the  Emperor.  JVor  do  I  think  that  the  principal  here 
will  be  easily  induced  to  lend  himself  to  any  connexion  which  shall 
threaten  a  war  within  a  considerable  number  of  years.  His  own 
reign  will  be  that  of  peace  only,  in  all  probability ;  and  were  any 
accident  to  tumble  him  down,  this  country  would  immediately  gird 
on  its  sword  and  buckler,  and  trust  to  occurrences  for  supplies  of 
Vol.  1L— 8 


114  THOMAS  JEFFERSON- JOHN  JAY. 

money.  The  wound  their  honor  has  sustained,  festers  in  their 
hearts ;  and  it  may  be  said,  with  truth,  that  the  Archbishop  and  a 
few  priests  determined  to  support  his  measures,  because,  proud  to 
see  their  order  come  again  into  power,  are  the  only  advocates  for  the 
line  of  conduct  which  has  been  pursued.  It  is  said,  and  believed 
through  Paris,  literally,  that  the  Count  de  Montiiiorin,  ^^pleuroit 
comme  nn  enfant,"  when  obliged  to  sign  the  counter-declaration. 
Considering  the  phrase  as  figurative,  I  believe  it  expresses  the  distress 
of  his  heart.  Indeed,  he  has  made  no  secret  of  his  individual 
opinion.  In  the  mean  time,  the  principal  goes  on  widi  a  firm  and 
patriotic  spirit  in  reforming  the  cruel  abuses  of  the  Government, 
and  preparing  a  new  constitution,  which  will  give  to  this  people  as 
much  liberty  as  they  are  capable  of  managing.  This,  I  think,  will 
be  the  glory  of  his  administration,  because,  though  a  good  theorist 
in  finance,  he  is  thought  to  execute  badly.  They  are  about  to  open 
a  loan  of  one  hundred  millions  to  supply  present  wants,  and  it  is 
said  the  preface  of  the  nrret  will  contain  a  promise  of  the  convo- 
cation of  the  States  General  during  the  ensuing  year.  Twelve  or 
fifteen  Provincial  Assemblies  are  already  in  actioo,  and  are  going  on 
well;  and  I  think,  that  though  the  nation  suffers  in  reputation,  it 
will  gain  infinitely  in  happiness  under  the  present  administration. 

I  enclose  to  Mr.  Jay  a  pamphlet,  which  I  will  beg  of  you  to 
forward.  I  leave  it  open  for  your  perusal.  When  you  shall  have 
read  it,  be  so  good  as  to  stick  a  wafer  in  it.  It  is  not  yet  published, 
nor  will  be  for  some  days.  This  copy  has  been  ceded  to  me  as  a 
favor. 

How  do  you  like  our  new  Constitution  ?  I  confess  there  are  things 
in  it  which  stagger  all  my  dispositions  to  subscribe  to  what  such  an 
assembly  has  proposed.  The  house  of  federal  representatives  will 
not  be  adofjuate  to  the  management  of  affairs,  either  foreign  or 
federal.  Their  President  seems  a  bad  edition  of  a  Polisli  King. 
He  may  be  elected  from  four  years  to  four  years,  for  life  Reason 
and  exporiencn  prove  to  us  that  a  chief  magistrate,  so  ronlinuable,  is 
an  officer  for  lift?.  When  one  or  two  generations  shall  have  proved 
that  this  is  an  office  for  life,  it  becomes,  on  every  succession,  worthy 
of  intrigue,  of  bribery,  offeree,  and  even  of  foreign  interference.  It 
will  be  of  great  consequence  to  France  and  England  to  have 
Atn(;rica  governed  by  a  Galloman  or  An^loman.  Once  in  oflice, 
and  possessing  the  Miilitary  force  of  the  Union,  without  the  aid  or 


i 


DIPLOMATIC  CORRESPONDENCE.      ^  115 

check  of  a  Council,  he  would  not  be  easily  dethroned,  even  if  the 
people  could  be  induced  to  withdraw  their  votes  from  him.  I  wish 
that  at  the  end  of  the  four  years  they  had  made  him  forever  ineli- 
gible a  second  time.  Indeed,  I  think  all  the  good  of  this  new 
Constitution  might  have  been  couched  in  three  or  four  new  articles 
to  be  added  to  the  good,  old,  and  venerable  fabric,  which  should 
have  been  preserved  even  as  a  religious  relique.  Present  me  and 
my  daughters  affectionately  to  Mrs.  Adams.  The  younger  one 
continues  to  speak  of  her  waraily. 

Accept  yourself,  assurances  of  the  sincere  esteem  and  respect,  with 
which  I  have  the  honor  to  be,  Stc, 

TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON    TO    COLONEL    SMITH. 

Paris,  November  13,  1787. 

Dear  Sir, 

I  am  now  to  acknowledge  the  receipt  of  your  favors  of  October 
the  4th,  8th,  and  26th.  In  the  last  you  apologize  for  your  letters  of 
introduction  to  Americans  coming  here.  It  is  so  far  from  needing 
apology  on  your  part  that  it  calls  for  thanks  on  mine.  I  endeavor  to 
show  civilities  to  all  the  Americans  who  come  here,  and  who  will 
give  me  opportunities  of  doing  it.  And  it  is  a  matter  of  comfort  to 
know,  from  a  good  quarter,  what  they  are,  and  how  far  I  may  go  in 
ray  attentions  to  them. 

Can  you  send  me  Woodmanson's  bills  for  the  two  copying  presses 
for  the  Marquis  de  la  Fayette  and  the  INIarquis  dc  Chastcllux  ?  The 
latter  makes  one  article  in  the  considerable  account  of  old  standing, 
and  whicli  I  cannot  present  for  want  of  this  article.  I  do  not  know 
whether  it  is  to  yourself  or  Mr.  Adams  that  I  am  to  give  my  thanks 
for  the  copy  of  the  new  Constitution.  I  beg  leave,  through  you,  to 
place  them  where  due.  It  will  yet  be  three  weeks  before  I  shall 
receive  them  from  America.  There  are  very  good  articles  in  it,  and 
very  bad.  I  do  not  know  ■which  preponderate.  What  we  have 
lately  read  in  the  history  of  Holland,  in  the  chapter  on  the 
Stadtholder,  would  have  sufficed  to  set  me  against  a  chief  magistrate, 
eligible  for  a  long  duration,  if  I  had  ever  ])een  disposed  towards  one. 
And  what  we  have  always  read  of  the  elections  of  Polish  Kings, 
should  have  forever  excluded  the  idea  of  one  continuable  for  life. 


,16  THOMAS  JEFFERSON-JOHN  JAY. 

Wonderful  is  the  effect  of  impudent  and  persevering  lying.     The 
British  Ministry  have  so  long  hired  their  gazetteers  to  repeat  and 
^  del  into  every  fonn  lies  ahout  our  being  in  anarchy  that  the  world 
has  at  length  believed  them,  tlte  English  nation  has  beheved  them, 
th    Murist:rs  themselves  have  come  to  believe  them,  and  what  . 
Lore  wonderful,  we  have  believed  them  ourselves.     Yet  .tee  do^ 
this  anarchy  exist?     Where  did  it  ever  exist,  except  m  the  smgle 
instance  of  Massachusetts  ?     And  can  history  produce  an  mstance  of 
rXllion  so  honorably  conducted?     I  say  nothing  of  -  — ; 
They  were  founded  in  ignorance,  not  wickedness      God  fo.bid  we 
si  1  d  ever  be  twenty  years  without  such  a  rebellion.     The  people 
cannot  be  all,  and  always,  well  informed.     The  part  which  is  wrong 
Vil  be  discontented,  in  proportion  to  the  importance  of  the  acts  they 
misconceive.     If  they  remain  quiet  under  such  ""--"l";;--      '^ 
a  lethargy,  the  forerunner  of  death  to  the  public  l.her  y.     Wc  have 
had  thirfe  n  States  independent  for  eleven  years.     There  has  been 
™e  rebellion.     That  comes  to  one  rebellion  in  a  century  and  a  half 
for  each  State.    What  country  before  ever  existed  a  century  and  a 
half  without  a  rebellion  ?     And  what  country  can  preserve  its  liber- 
ties, if  its  rulers  are  not  warned  from  time  to  tune  that  tins  peoj-le 
preserve   the   spirit  of    resistance?      Let   them   take   arms      The 
remedy  is  to  set  them  right  as  to  facts,  pardon,  and  P-'fy    '"". 
What  si-nify  a  few  lives  lost  in  a  century  or  two?     The  trtc  ol 
lib  rty  m°ust  be  refreshed  from  time  to  time  with  the  blood  of  patriots 
and  fyrants.     It  is  its  natural  manure.     Our  convention  has  been 
,00  much  impressed  by  the  insurrection  °f  "--""f  ^ '  ^"/,;" 
the  spur  of  the  moment,  they  are  setting  up  a  kite  to  keep  the  hen 
yard  in  order.     1  hope  in  God  this  article  will  be  rectified  before  the 
Tew  constitution  is  'accepted.     You  ask  me  if  any  thing  troi^pire 
hero  on  the  subject  of  South  Am.Tica  ?     Not  a  word.     I  know  tha 
,,     e  are  con  Jstible  materials  there,  an.l  that  .hey  wait  the  torch 
only.     But  this  country,  probably,  will  join  .lie  ex.inguishers.     The 
wait  <,f  facts  worth  cominunica.ing  .0  you  has  occasioned  me  ,0  give 
rmtle  loose  to  dissertation.     We  must  be  contented  to  amuse  when 

we  cannot  inform.  „;„p„,» 

Present  my  respects  to  Mrs.  Smitli,  ai„l  be  assured  of  llic  sincere 

esteem  of,  dear  sir,  your  friend  and  -"-"',^,1^^  JEFFEIISON. 


DIPLOMATIC  CORRESPONDENCE.  1  17 

FROM    THOMAS    JEFFERSON    TO   WILLIAM    CARMICHAEL. 

Paris,  December  11,  1787. 

Dear  Sir, 
I  am  later  in  acknowledging  the  receipt  of  your  favors  of  October 
the  15th,  and  November  the  5th  and  15th,  because  we  have  been 
long  expecting  a  packet,  which  I  hoped  would  bring  communications 
worth  detailing  to  you,  and  she  arrived  only  a  few  days  ago  after  a 
very  long  passage  indeed.  1  am  very  sorry  you  have  not  been  able 
to  make  out  the  cypher  of  my  letter  of  September  the  25th,  because  it 
contained  things  which  I  wished  you  to  know  at  that  time.  They 
have  lost  now  a  part  of  their  merit ;  but  still  I  wish  you  could 
decypher  them,  as  there  remains  a  part  which  it  yet  might  be 
agreeable  to  you  to  understand.  I  have  examined  the  cypher  from 
which  it  was  written.  It  is  precisely  a  copy  of  those  given  to 
Messrs.  Barclay  and  Lamb.  In  order  that  you  may  examine 
whether  yours  correspond,  I  will  now  translate  into  cypher  the  three 
first  lines  of  my  letter  of  June  the  14. 

This  will  serve  to  shew  whether  your  cypher  corresponds  with 
mine,  as  well  as  my  manner  of  using  it.  But  I  shall  not  use  it  in 
future  till  I  know  from  you  the  result  of  your  reexamination  of  it. 
I  have  the  honor  now  to  return  you  the  letter  you  had  been  so  good 
as  to  enclose  to  me.  About  the  same  time  of  Liston's  conversation 
with  you,  similar  ones  were  held  with  me  by  Mr.  Eden.  He  par- 
ticularly questioned  me  on  the  effect  of  our  treaty  with  France,  in 
the  case  of  a  war,  and  what  might  be  our  dispositions.  I  told  him, 
without  hesitation,  that  our  treaty  obliged  us  to  receive  the  armed 
vessels  of  France,  with  their  prizes,  into  our  ports,  and  to  refuse  the 
admission  of  prizes  made  on  her  by  her  enemies  ;  that  there  was  a 
clause  by  which  wc  guarantied  to  France  her  American  possessions, 
and  which  might,  perhaps,  force  us  into  the  war,  if  these  were 
attacked.  "  Then  it  will  be  war,"  said  he,  '*  for  they  will  assuredly 
be  attacked."  I  added,  that  our  dispositions  would  be  to  be  neutral, 
and  that  I  thought  it  the  interest  of  both  these  Powers  that  we 
should  be  so,  because  it  would  relieve  both  from  all  anxiety  as  to  the 
feeding  their  West  India  Islands ;  and  England  would,  moreover, 
avoid  a  heavy  land  war  on  our  continent,  which  would  cripple  all 
her  proceedings  elsewhere.     He  expected  these  sentiments  from  me 


118  THOMAS  JEFFERSON-JOHN  JAY. 

personally,  and  he  knew  them  to  be  analagous  to  those  of  our 
country.  We  had  often  before  had  occasions  of  knowing  each 
other ;  his  peculiar  bitterness  towards  us  had  sufficiently  appeared, 
and  I  had  never  concealed  from  him  that  I  considered  the  British  as 
our  natural  enemies,  and  as  the  only  nation  on  earth  who  wished  us 
ill  from  the  bottom  of  their  souls.  And  I  am  satisfied  that  were  our 
continent  to  be  swallowed  up  by  the  ocean.  Great  Britain  would  be 
in  a  bonfire  from  one  end  to  the  other.  Mr.  Adams,  as  you  know, 
has  asked  his  recall.  This  has  been  granted ;  and  Colonel  Smith 
is  to  return,  too.  Congress  having  determined  to  put  an  end  to  their 
commission  at  that  Court.  I  suspect  and  hope  they  will  make  no 
new  appointment. 

Our  new  Constitution  is  powerfully  attacked  in  the  American 
newspapers.  The  objections  are,  that  its  eftect  would  be  to  form 
the  thirteen  States  into  one ;  that,  proposing  to  melt  all  down  into 
one  General  Government,  they  have  fenced  the  people  by  no  decla- 
ration of  rights ;  they  have  not  renounced  the  power  of  keeping  a 
standing  army ;  they  have  not  secured  the  liberty  of  the  press ;  they 
have  reserved  the  power  of  abolishing  trials  by  jury  in  civil  cases ; 
they  have  proposed  that  the  laws  of  the  Federal  Legislatures  shall 
be  paramount  to  the  laws  and  constitutions  of  the  States ;  they  have 
abandoned  rotation  in  office ;  and,  particularly,  their  President  may 
be  reelected  from  four  years  to  four  years,  for  life,  so  as  to  render 
him  a  King  for  life,  like  a  King  of  Poland ;  and  they  have  not 
given  him  either  the  check  or  aid  of  a  council.  To  these  they  add 
calculations  of  expense,  k,c.,  &lc.,  to  frighten  the  people. 

You  will  perceive  that  these  objections  are  serious,  and  some  of 
them  not  without  foundation.  The  Constitution,  however,  has  been 
received  with  a  very  general  enthusiasm,  and,  as  far  as  can  be  judged 
from  ext(!mal  demonstrations,  the  bulk  of  the  people  are  eager  to 
adopt  it.  Ill  the  Eastern  States  the  printers  will  jirint  nothing  against 
it  unless  the  writer  subscribes  his  name.  Massachusetts  and  Con- 
necticut have  called  conventions  in  January  to  consider  of  it.  In 
New  York  there  is  a  division.  The  Govemor  (Clinton)  is  known  to 
be  hostile  to  it.  Jersey,  it  is  thought,  will  certainly  accept  it. 
Pennsylvania  is  divided,  and  all  the  bitterness  of  her  factions  has 
been  kindled  anew  on  it.  But  the  jcirly  in  favor  of  it  is  strongest, 
Ixjth  in  and  out  of  the;  Legislature.  This  is  ilic  party  anciently  of 
Morris,  Wilson,  &:(,-.     I)(.-Iaware  will  do  uluii  I*riiii>^ylvania  shall  do. 


DIPLOMATIC  CORRESPONDENCE.  Hg 

Maryland  is  thought  favorable  to  it,  yet  it  is  supposed  Chase  and 
Paca  will  oppose  it.  As  to  Virginia,  two  of  her  delegates,  in  the 
fii'st  place,  refused  to  sign  it.  These  were  Randolph,  the  Governor, 
and  George  Mason.  Besides  these,  Henry,  Harrison,  Nelson,  and 
the  Le6s  are  against  it.  General  Washington  will  be  for  it,  but  it  is 
not  in  his  character  to  exert  himself  much  in  the  case.  Madison 
will  be  its  main  pillar,  but  though  an  immensely  powerful  one,  it  is 
questionable  whether  he  can  bear  the  weight  of  such  a  host.  So 
that  the  presumption  is  that  Virginia  will  reject  it.  Wc  know 
nothing  of  the  disposition  of  the  States  south  of  this.  Should  it  fall 
through,  as  it  is  possible,  noth withstanding  the  enthusiasm  with  which 
it  was  received  in  the  first  moment,  it  is  probable  that  Congress  will 
propose  that  the  objections  which  the  people  shall  make  to  it,  being 
once  known,  another  convention  shall  be  assembled  to  adopt  the 
improvements  generally  acceptable,  and  omit  those  found  disagree- 
able. Li  this  way  union  may  be  produced  under  a  happy  constitu- 
tion, and  one  which  shall  not  be  too  energetic,  as  are  the  constitutions 
of  Europe.  I  give  you  these  details,  because,  possibly  you  may  not 
have  received  them  all.  The  sale  of  our  western  lands  is  immensely 
successful.  Five  millions  of  acres  have  been  sold  at  private  sale,  for 
a  dollar  an  acre,  in  certificates,  and,  at  the  public  sale,  some  of  them 
had  sold  as  high  as  two  dollars  and  forty  cents  the  acre.  The  sales 
had  not  been  bugun  two  months.  By  these  means  taxes,  &:,c.,  our 
domestic  debt,  origmally  twenty-eight  milhons  of  dollars,  was 
reduced,  by  the  first  day  of  last  October,  to  twelve  miUions,  and 
they  were  then  in  treaty  for  two  millions  of  acres  more  at  a  dollar, 
private  sale.  Our  domestic  debt  will  thus  be  soon  paid  off,  and  that 
done,  the  sales  will  go  on  for  money,  at  a  cheaper  rate,  no  doubt,  for 
the  payment  of  our  foreign  debt.  The  petite  guerre  always  waged 
by  the  Indians  seems  not  to  abate  the  ardor  of  purchase  or  emigra- 
tion. Kentucky  is  now  counted  at  sixty  thousand.  Frankland  is 
also  growing  fast. 

I  have  been  told  that  the  cutting  through  the  Isthmus  of  Panama, 
which  the  world  has  so  often  wished,  and  supposed  practicable,  has 
at  times  been  thought  of  by  the  Government  of  Spain,  and  that  they 
once  proceeded  so  far  as  to  have  a  survey  and  examination  made  of 
the  ground  ;  but  tiiat  the  result  was,  either  impracticability  or  too 
great  dilliculty.  Probably  the  Count  de  Campomanes  or  Don  Ulloa 
can  give  you  information  on  lliis  head.     I  should  bo  exceedingly 


lOQ  THOMAS  JEFFERSON— JOHN  JAY. 

pleased  to  get  as  minute  details  as  possible  on  it,  and  even  copies  of 
the  survey,  report,  fcc,  if  they  could  be  obtained  at  a  moderate 
expense.     I  take  the  liberty  of  asking  your  assistance  in  this. 
I  have  the  honor  to  be,  Sec,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    ADAMS. 

Paris,  December  12,  1787. 

Dear  Sir, 
In  the  month  of  July,  I  received  from  Fiscaux  h  Co.,  of  Amster- 
dam, a  letter  notifying  me  that  the  principal  of  their  loan  to  the 
United  States  would  become  due  the  first  day  of  January.  I 
answered  them  that  I  had  neither  powers  nor  information  on  the 
subject,  but  would  transmit  their  letter  to  the  Board  of  Treasury.  I 
did  so,  by  the  packet  which  sailed  from  Havre  August  the  10th. 
The  earliest  answer  possible  would  have  been  by  the  packet  which 
arrived  at  Havre  three  or  four  days  ago.  But  by  her  I  do  not 
receive  the  scrip  of  a  pen  from  any  body.  This  makes  me  suppose 
my  letters  were  committed  to  Paul  Jones,  who  was  to  sail  a  week 
after  the  departure  of  the  packet ;  and  that  possibly  he  may  be  the 
bearer  of  orders  from  the  Treasury  to  pay  Fiscaux's  loan  with  tlie 
money  you  borrowed.  But  it  is  also  possible  he  may  bring  no  order 
on  the  subject.  Tiie  slowness  with  which  measures  are  adopted  on 
our  side  the  water  does  not  permit  us  to  count  on  punctual  answers ; 
but,  on  the  contrary,  renders  it  necessary  for  us  to  suppose,  in  the 
present  case,  that  no  orders  will  arrive  in  time,  and  to  consider 
whether  any  thing,  and  what,  should  be  done  ?  As  it  may  be  found 
expedient  to  transfer  all  our  foreign  debts  to  Holland,  by  borrowing 
there,  and  as  it  may  always  be  pnident  to  preserve  a  good  credit  in 
that  country,  because  we  may  be  forced  into  wars,  whether  we  will 
or  not,  I  sliould  suppose  it  very  imprudent  to  suffer  our  credit  to  be 
annihilated  for  so  small  a  sum  as  fifty-one  thousand  guilders.  The 
injury  will  be  greater,  too,  in  projinrtion  to  the  sinallness  of  the  sum; 
for  lliey  will  ask,  '*  how  can  a  jx'ople  be  trusted  for  largt^  sums,  who 
break  their  faith  for  such  small  ones  ?"  You  know  best  what  effect 
it  will  have  on  tin;  minds  of  the  money  lenders  of  that  rountry, 
should  we  fail  in  this  j);iyment.  You  know  best,  solely,  whether  it 
is  practicable  and  prudent  for  us  to  have  this  debt  paid  without 
orders.     I  refer  the  matter,  therefore,  wholly  to  your  consideration, 


DIPLOMATIC  CORRESPONDENCE.  121 

willing  to  participate  with  you  in  any  risk  and  any  responsibility 
which  may  arise.  I  think  it  one  of  those  cases  where  it  is  a  duty  to 
risk  one's  self.  You  will  perceive  by  the  enclosed,  the  necessity  of 
an  hnmediatc  answer,  and  that  if  you  think  any  thing  can  and  should 
be  done,  all  the  necessary  authorities  from  you  should  accompany 
your  letter.  In  the  meantime,  should  I  receive  any  orders  from  the 
Treasury  by  Paul  Jones,  I  will  pursue  them,  and  consider  whatever 
you  shall  have  proposed  or  done,  as  non  avenue. 

I  am,  with  much  affection,  &:c.,  TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JAMES    MADISON. 

Paris,  December  20,  1787. 
Dear  Sir, 

My  last  to  you  was  of  October  the  8th,  by  the  Count  de  Moustier. 
Yours  of  July  the  18th,  September  the  6th,  and  October  the  25th, 
were  successively  received,  yesterday,  the  day  before,  and  three  or 
four  days  before  that.  I  have  only  had  time  to  read  the  letters  ;  the 
printed  papers  communicated  with  them,  however  interesting,  being 
obliged  to  lie  over  till  I  finish  my  despatches  for  the  packet,  which 
despatches  must  go  from  hence  the  day  after  to-morrow.  I  have 
much  to  thank  you  for,  first  and  most  for  the  cyphered  paragraph 
respecting  myself.  These  little  informations  are  very  material 
towards  foniimg  my  own  decisions.  I  would  be  glad  even  to  know 
when  any  indi\'idual  member  thinks  I  have  gone  wrong  in  any 
instance.  If  I  know  myself  it  would  not  excite  ill  blood  in  me,  while 
it  would  assist  to  guide  my  conduct,  perhaps,  to  justify  it,  and  to 
keep  me  to  my  duty  alert.  I  must  thank  you,  too,  for  the  informa- 
tion in  Thomas  Burk's  case ;  though  you  will  have  found,  by  a 
subsequent  letter,  that  I  have  asked  of  you  a  further  investigation  of 
that  matter.  It  is  to  gratify  the  lady  who  is  at  the  head  of  the 
convent  wherein  my  daughters  are,  and  who,  by  her  attachment  and 
attention  to  them,  lays  me  under  great  obligations.  I  shall  hope, 
therefore,  still  to  receive  from  you  the  result  of  all  tiic  further 
inquiries  my  second  h'ltcr  hud  asked.  The  parcel  of  rice,  which 
you  informed  me  had  miscarried,  accompanied  my  letter  to  the 
delegates  of  Soutii  Carolina.  jNIr.  Bourgoin  was  to  be  the  bearer  of 
both,  and  both  were  delivered  together  into  the  hands  of  his  rt-lalion 
here,  who  introduced  him  to  me,  and  who,  at  a  subsequent  moment, 


1-22  THOMAS  JEFFERSON— JOHN  JAY. 

undertook  to  convey  them  to  Mr.  Bourgoin.  This  person  was  an 
engraver,  particularly  recommended  to  Dr.  Franklin  and  j\Ir.  Hop- 
kinson.  Perhaps  he  may  have  mislaid  the  little  pai'cel  of  rice  among 
his  haggage.  I  am  much  pleased  that  the  sale  of  western  lands  is 
so  successful.  I  hope  they  will  absorb  all  the  certificates  of  our 
domestic  debt  speedily,  in  the  first  place,  and  that  then,  offered  for 
cash,  they  will  do  the  same  by  our  foreign  ones. 

The  season  admittuig  of  operations  in  the  Cabinet,  and  those  being 
in  a  great  measure  secret,  I  have  little  to  fill  a  letter.  I  will  there- 
fore make  up  the  deficiency  by  adding  a  few  words  on  the  consti- 
tution proposed  by  our  Convention. 

I  like  much  the  general  idea  of  framing  a  Government  which 
would  go  on  of  itself  peaceably,  \\ithout  needing  continual  recurrence 
to  the  State  Legislatures.  I  like  the  organization  of  the  Government 
into  legislative,  judiciiu^y,  and  executive.  I  hke  the  power  given  the 
Legislature  to  levy  taxes,  and  for  that  reason  solely,  I  approve  of 
the  greater  house  being  chosen  by  the  people  directly.  For,  though 
I  think  a  house  so  chosen,  will  be  very  far  inferior  to  the  present 
Congress,  will  be  very  illy  qualified  to  legislate  for  the  Union,  for 
foreign  nations,  Sec,  yet  this  e\il  does  not  weigh  against  the  good  of 
preserving  inviolate  the  fundamental  j)riiiciple  that  the  people  arc 
not  to  be  taxed  but  by  representatives  chosen  immediately  by  .them- 
selves. I  am  captivated  by  the  compromise  of  the  opposite  claims 
of  the  great  and  little  States,  of  the  latter  to  equal,  and  the  former 
to  proportional  influence,  I  am  much  pleased,  too,  with  the  substi- 
tution of  the  method  of  voting  by  persons  instead  of  that  of  voting 
by  States ;  and  I  like  the  negative  given  to  the  Executive,  conjointly 
with  a  third  of  either  House,  though  I  should  have  liked  it  better  had 
the  judiciary  been  associated  for  that  purpose,  or  invested  separately 
with  a  similar  j)ower.    There  are  other  good  things  of  less  moment. 

I  will  now  till  you  what  I  do  not  like:  First,  the  omission  of  a 
bill  of  rights,  providing  clearly  and  without  the  aid  of  sophism  for 
freedom  of  religion,  freedom  of  the  j)ress,  protection  against  standing 
annics,  restriction  against  monopolies,  the  eternal  ami  inucmitiing 
force  of  th(!  habeas  {•orj)US  laws,  and  trials  by  jury  in  all  matters  of 
fact  triable  by  the  laws  of  the  land,  and  not  by  the  laws  of  nations. 
,To  say,  as  Mr.  Wilson  does,  that  a  Itill  of  rights  was  not  necessary, 
because  all  is  reserv(;d  in  the  case  of  the  General  Government  which 
13  not  given,  while  in   the  particular  ones  all   is  given  which   is  not 


DIPLOMATIC  CORRESPONDENCE.  123 

reserved,  might  do  for  the  audience  to  which  it  was  addressed,  but  it 
is  surely  a  gratis  dictum,  the  reverse  of  which  might  just  as  well  be 
said;  and  it  is  opposed  by  strong  inferences  from  the  body  of  the 
instrument,  as  well  as  from  the  omission  of  the  clause  of  our  present 
Confederation,  which  had  made  the  reservation  in  express  terms.  It 
was  hard  to  conclude,  because  there  has  been  a  want  of  uniformity 
among  the  States  as  to  the  cases  triable  by  jury,  because  some  have 
been  so  incautious  as  to  dispense  with  this  mode  of  trial  in  certain 
cases,  therefore  the  more  prudent  States  shall  be  reduced  to  the  same 
level  of  calamity.  It  would  have  been  much  more  just  and  wise  to 
have  concluded  by  the  other  way,  that  as  most  of  the  States  had 
preserved  with  jealousy  this  sacred  palladium  of  liberty,  those  which 
had  wandered  should  be  brought  back  to  it ;  and  to  have  established 
general  right  rather  than  general  wrong.  For  I  consider  all  the  ill  as 
established  \\hich  may  be  established.  I  have  a  right  to  nothing 
which  another  has  a  right  to  take  away;  and  Congress  will  have  a 
right  to  take  away  trials  by  jury  in  all  civil  cases.  Let  me  add,  that 
a  bill  of  rights  is  what  the  people  are  entitled  to  against  every  Gov- 
ernment on  earth,  general  or  particular,  and  which  no  just  Government 
should  refuse,  or  rest  on  inference. 

The  second  feature  I  dislike,  and  strongly  dislike,  is  the  abandon- 
ment, in  every  instance,  of  the  principle  of  rotation  in  office,  and 
most  particularly  in  the  case  of  the  President.  Reason  and  expe- 
rience tell  us  that  the  first  magistrate  will  always  be  reelected,  if  he 
may  be  reelected.  He  is  then  an  officer  for  life.  This  once  observed, 
it  becomes  of  so  much  consequence  to  certain  nations  to  have  a  friend 
or  a  foe  at  the  head  of  our  affairs,  that  they  will  interfere  with  money 
and  with  arms.  A  Galloman  or  an  Angloman  will  be  supported  by 
tlie  nation  he  befriends.  If  once  elected,  and  at  a  second  or  third 
election  out- voted  by  one  or  two  votes,  he  will  pretend  false  votes, 
foul  play,  hold  possession  of  the  reins  of  Government,  be  supported 
by  the  States  voting  for  him,  especially  if  they  be  the  central  ones, 
lying  in  a  compact  body  themselves,  and  separating  their  opponents; 
and  they  will  be  aided  by  one  nation  in  Europe,  while  the  majority 
are  aided  by  another.  The  election  of  a  President  of  America, 
some  years  hence,  will  be  much  more  interesting  to  certain  nations 
of  Europe  than  ever  the  election  of  a  King  of  Poland  was.  Reflect 
on  all  tlic  instances  in  history,  ancient  and  modern,  of  the  elective 
Monarchies,  and  say  if  they  do  not  gi\'c  foundation  for  my  fears  ;  the 


1-24  THOMAS  JEFFERSON— JOHN  JAY. 

Roman  Emperors,  the  Popes  while  they  were  of  any  importance, 
the  German  Emperors  till  they  became  hereditar}'-  in  practice,  the 
Kings  of  Poland,  the  Deys  of  the  Ottoman  dependencies.  It  may 
be  said  that  if  elections  are  to  be  attended  with  these  disorders,  the 
less  frequently  they  are  repeated  the  better.  But  experience  says, 
that  to  free  them  from  disorder  they  must  be  rendered  less  interesting 
by  a  necessity  of  change.  No  foreign  Power,  nor  domestic  party, 
will  waste  their  blood  and  money  to  elect  a  person  who  must  go  out 
at  the  end  of  a  short  period.  The  power  of  removing  ever)"  fourth 
year  by  the  vote  of  the  people  is  a  power  which  they  will  not  exer- 
cise, and  if  they  were  disposed  to  exercise  it,  they  would  not  be 
permitted.  The  King  of  Poland  is  removable  every  day  by  the 
Diet,  but  they  never  remove  him.  Nor  would  Russia,  the  Emperor, 
&tc.,  permit  them  to  do  it.  Smaller  objections  are,  the  appeals  on 
matters  of  fact  as  well  as  law,  and  the  binding  all  persons,  legislative, 
executive,  and  judiciary,  by  oath  to  maintain  that  Constitution.  I 
do  not  pretend  to  decide  what  would  be  the  best  method  of  procuring 
the  establishment  of  the  manifold  good  things  in  this  Constitution, 
and  of  getting  rid  of  the  bad.  Whether  by  adopting  it  in  hopes  of 
future  amendments  ;  or,  after  it  shall  have  been  only  weighed  and 
canvassed  by  the  people,  after  seeing  the  parts  they  generally  dislike 
and  those  they  generally  approve,  to  say  to  them:   ''We  see  now 

*  what  you  wish.     You  are  willing  to  give  to  your  Federal  Govem- 

*  ment  such  and  such  powers,  but  you  wish  at  the  same  time  to  have 
'  such  and  such  fundamental  rights  secured  to  you,  and  certain  sources 

*  of  convulsion  taken  away.     Be  it  so.    Send  together  your  deputies 

*  again.  Let  them  establish  your  fundamental  rights  by  a  sacrosanct 
'  declaration,  and  let  them  pass  the  parts  of  the  Constitution  you 
'  have  approved.     Tiiese  will  give  powers  to  your  Federal  Govem- 

*  ment  suflicient  for  your  happiness." 

This  is  what  might  be  said,  and  would  probably  produce  a  speedy, 
more  perfect,  and  more  permanent  fonn  of  Govcnunrnt.  At  all 
events  1  hope  you  will  not  be  discouraged  from  making  other  trials, 
if  the  present  one  should  fail.  We  arc  never  permitted  to  despair  of 
the  Commonwealth.  I  have  thus  told  you  freely  which  I  like  and 
what  I  dislike,  merely  as  a  matter  of  curiosity ;  for  I  know  it  is  not 
in  my  power  to  offer  matter  of  infonnation  to  your  judgment,  which 
has  Ix'on  formed  after  hearing  and  weighing  everything  which  the 
wisdom  of  man  couhl  ofPr  on  these  subjects.     I  own  I  am  not  a 


DIPLOMATIC  CORRESPONDENCE.  J25 

friend  to  a  very  energetic  Government.  It  is  always  oppressive.  It 
places  the  governors,  indeed,  more  at  case,  at  the  expense  of  the 
people.  The  late  robellion  in  Massachusetts  has  given  more  alarm 
than  I  think  it  should  have  done.  Calculate  that  one  rebellion  in 
thirteen  States  in  the  course  of  eleven  years  is  but  one  for  each  State 
in  a  century  and  a  half.  No  country  should  be  as  long  without  one. 
IN'or  will  any  degree  of  power  in  the  hands  of  Government  prevent 
insurrection.  In  England,  where  the  hand  of  power  is  heavier  than 
with  us,  there  are  seldom  half  a  dozen  years  without  an  insurrection. 
In  France,  where  it  is  still  heavier,  but  less  despotic,  as  INIontesquieu 
supposes,  than  in  some  other  countries,  and  where  there  are  always 
two  or  three  hundred  thousand  men  ready  to  crush  insurrections, 
there  have  been  t!iree  in  the  course  of  the  three  years  I  have  been 
here,  in  every  one  of  which  greater  numbers  were  engaged  than  in 
Massachusetts,  and  a  great  deal  more  blood  spilt.  In  Turkey, 
where  the  sole  nod  of  the  despot  is  death,  insuiTections  are  the 
events  of  every  day.  Compare  again  the  ferocious  depredations  of 
their  insurgents  with  the  order,  the  moderation,  and  the  almost  self- 
extinguishment  of  ours;  and  say,  finally,  whether  peace  is  best 
preserved  by  giving  energy  to  the  Government  or  information  to  the 
people.  This  last  is  the  most  certain  and  the  most  legitimate  engine 
of  government.  Educate  and  inform  the  whole  mass  of  the  people. 
Enable  them  to  see  that  it  is  their  interest  to  preserve  peace  and 
order,  and  they  will  preserve  them.  And  it  requires  no  very  high 
degree  of  education  to  convince  them  of  this.  They  are  the  only 
sure  reliance  for  the  preservation  of  our  liberty.  After  all,  it  is  my 
principle  that  the  will  of  the  majority  should  prevail.  If  they 
approve  the  proposed  Constitution  in  all  its  parts,  I  shall  concur  in 
it  cheerfully,  in  hopes  they  will  amend  it  whenever  they  shall  find  it 
works  wrong.  This  reliance  cannot  deceive  us  as  long  as  we  remain 
virtuous ;  and  I  think  we  shall  be  so  as  long  as  agriculture  is  our 
principal  object,  which  will  be  the  case  while  there  remain  vacant 
lands  in  any  part  of  America.  When  we  get  piled  upon  one  another 
in  large  cities,  as  in  Europe,  we  shall  become  corrupt  as  in  Europe, 
and  go  to  eating  one  another  as  they  do  there.  I  have  tired  you  by 
this  time  with  disquisitions  which  you  have  already  heard  repeated  by 
others,  a  thousand  and  a  thousand  times,  and  therefore  shall  only  add 
assurances  of  the  esteem  and  attachment  with  which  I  have  the 
honor  to   be,  &ic., 

TII:  JEFFERSON. 


126  THOMAS  JEFFERSON— JOHN  JAY. 

P.  S.  Tlie  instability  of  our  laws  is  really  an  immense  evil.  1 
think  it  would  be  well  to  provide  in  our  Constitution  that  there  shall 
always  be  a  twelvemonth  between  the  engrossing  a  bill  and  passing 
it — that  it  should  then  be  offered  to  its  passage  without  changing  a 
word ;  and  that  if  circumstances  should  be  thought  to  require  a 
speedier  passage,  it  should  take  two  thirds  of  both  Houses  instead  of 
a  bare  majority. 


FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  December  31,  1787. 
Sir, 

Since  the  receipt  of  the  letter  of  Monsieur  de  Calonne  of  October 
the  22d,  1786,  I  have  several  times  had  the  honor  of  mentioning  to 
you  that  I  was  endeavoring  to  get  the  substance  of  that  letter  reduced 
into  an  arret,  which,  instead  of  being  revocable  by  a  single  letter  of 
a  Comptroller  General,  would  require  an  arret  to  repeal  or  alter  it, 
and  of  course  must  be  discussed  in  full  council,  and  so  give  due  time 
to  prevent  it.  This  has  been  pressed  as  much  as  it  could  be  with 
prudence.  One  cause  of  delay  has  been  the  frequent  changes  of  the 
Comptroller  General,  as  we  had  always  our  whole  work  to  begin 
again  with  every  new  one.  Monsieur  Lambert's  continuance  in 
office  for  some  months  has  enabled  us  at  length  to  get  through  the 
business ;  and  I  have  just  received  from  him  a  letter,  and  the  arret 
duly  authenticated,  of  which  I  liave  the  honor  to  send  you  a  number 
of  printed  copies.  You  will  find  that  the  several  alterations  and 
additions  are  made  which,  on  my  visit  to  the  sea-ports,  I  had  found 
to  1)0  nocessar)',  and  which  my  letters  of  June  the  21st  and  August 
the  Gih  particularly  mentioned  to  you.  Besides  these  wc  have 
obtained  some  new  articles  of  value,  for  whicji  openings  arose  in  the 
course  of  the  negotiation.  I  say  ivc  hav(>  done  it.  because  the 
Marquis  de  la  Fayette  has  gone  hand  in  hand  \\\{\\  mr  through  this 
businf"5s,  and  has  been  a  most  invaluable  aifl.  I  take  the  liberty  of 
making  some  observations  on  the  article.-;  of  the  arret  severally,  for 
their  explanation,  as  well  as  for  the  information  of  Congress. 

Article  I.  In  the  course  of  our  conferences  with  the  Comptroller 
General,  wc  had  prevailed  on  him  to  pa'js  this  article  with  a  suppres- 
sion of  all  duty.  ^Vhen  he  rej)nrted  the  arret,  however,  to  the 
C<^ncil,  this  suppression  was  objected  to,  and  it  was  insisted  to 
I   ^tablish  the  duties  of  seven  livres  and  ten  sous,  and  often  sous  the 


DIPLOMATIC  CORRESPONDENCE.  127 

livre,  reserved  in  the  letter  of  M.  de  Calonnc.  The  passage  of  tho 
arret  was  stopped,  and  the  difficulty  communicated  to  me.  I  urged 
everything  I  could,  in  letters  and  in  conferences,  to  convince  them 
that  whale  oil  could  bear  no  duty  at  all ;  that  if  the  duty  fell  on  the 
consumer,  he  would  choose  to  buy  vegetable  oils ;  if  on  the  fisher- 
man, he  could  no  longer  live  by  his  calling,  remaining  in  his  own 
coUntiy ;  and  that  if  he  quitted  his  own  countiy,  the  circumstances 
of  vicinity,  sameness  of  language,  laws,  religion,  and  manners,  and 
perhaps  the  ties  of  kindred,  would  draw  him  to  Nova  Scotia,  in  spite 
of  every  encouragement  which  could  be  given  at  Dunkirk ;  and  that 
thus  those  fishermen  would  be  shifted  out  of  a  scale  friendly  to 
France  into  one  always  hostile.  Nothing,  however,  could  prevail. 
It  hung  on  this  article  alone  for  two  months,  during  which  we  risked 
the  total  loss  of  the  arret  on  the  stability  in  office  of  Monsieur  Lam- 
bert ;  for,  if  he  had  gone  out,  his  successor  might  be  less  favorable ; 
and  if  INIonsieur  Necker  were  the  successor,  we  might  lose  the  whole, 
as  he  never  set  any  store  by  us,  or  the  connexion  with  us.  About 
ten  days  ago  it  became  universally  believed  that  Monsieur  Lambert 
was  to  go  out  immediately.  I  therefore  declined  further  insisting  on 
the  total  suppression,  and  desired  the  arret  might  pass,  having  the 
duties  on  whale  oil  as  Monsieur  de  Calonne  had  promised  them ; 
but  with  a  reservation  which  may  countenance  our  bringing  on  this 
matter  again  at  a  more  favorable  moment. 

Article  IL  The  other  fisheries  are  placed  in  a  separate  article, 
because,  whatever  encouragement  we  may  hereafter  obtain  for  whale 
oils,  they  will  not  be  extended  to  those  which  their  own  fisheries 
produce. 

Article  IIL  A  company  had  silently,  and  by  unfair  means, 
obtained  a  monopoly  for  the  making  and  selling  spermaceti  candles  ; 
as  soon  as  we  discovered  it  we  solicited  its  suppression,  which  is 
eficcted  by  this  clause. 

Article  IV.  The  duty  of  an  eighth  per  cent,  is  merely  to  oblige 
the  masters  of  vessels  to  enter  their  cargoes  for  the  information  of 
Govenmicnt,  witliout  inducing  them  to  attempt  to  smuggle. 

Article  VI.  Tar,  pitch,  and  turjientine  of  America,  coming  in 
competition  with  the  same  articles  produced  in  the  southwestern  pails 
of  France,  we  could  obtain  no  greater  reduction  than  two  and  a  half 
j)er  cent.  The  duties  before  were  from  four  to  six  times  that 
amount. 


128  THOMAS  JEFFERSON— JOHN  JAY. 

Article  X.  The  right  of  entrepot  given  by  this  article  is  almost 
the  same  thing  as  making  all  their  ports  free  ports  for  us.  The 
ships  are,  indeed,  subject  to  be  visited,  and  the  cargoes  must  be 
reported  in  ports  of  entrepot,  which  need  not  be  done  in  the  free 
ports.  But  the  communication  between  the  entrepot  and  the  country 
is  not  interrupted  by  continual  search  of  all  persons  passing  into  the 
countiy,  which  has  proved  so  troublesome  to  the  inhabitants  of  our 
free  ports  as  that  a  considerable  proportion  of  them  have  Nsished  to 
give  back  the  privilege  of  their  freedom. 

Article  XIII.  This  article  gives  us  the  privileges  and  advantages 
of  native  subjects,  in  all  their  possessions  in  Asia,  and  in  the  scales 
leading  thereto.  This  expression  means,  at  present,  the  Isles  of 
France  and  Bourbon,  and  will  include  the  Cape  of  Good  Hope, 
should  any  future  events  put  it  into  the  hands  of  France.  It  is  with 
a  view  to  this  that  I  proposed  the  expression ;  because  we  were  then 
in  hourly  expectation  of  a  war,  and  it  was  suspected  that  France 
would  take  possession  of  that  place.  It  will,  in  no  case,  be  consid- 
ered as  including  any  thing  westward  of  the  Cape  of  Good  Hope. 
1  must  observe,  further,  on  this  article,  that  it  will  only  become- 
valuable  on  the  suppression  of  the  East  India  Company  ;  because, 
as  long  as  their  monopoly  continues,  even  nativ'e  subjects  cannot 
enter  their  Asiatic  ports  for  the  purposes  of  commerce. 

It  is  considered,  however,  as  certain,  that  this  company  will  be 
immediately  suppressed. 

The  article  of  tobacco  could  not  be  introduced  into  the  arret, 
because  it  was  necessary  to  consider  the  Farmers  General  as  parties 
to  that  arrangement.  It  rests,  therefore,  of  necessity,  on  the  basis  of 
a  letter  only.  You  will  perceive  that  this  is  nothing  more  than  a 
continuation  of  the  order  of  Bernis,  only  leaving  the  prices  unfixed  ; 
and  like  that,  it  will  require  a  constant  and  vexatious  attention  to 
have  its  exccuti(jn  enforced. 

The  States  whieh  have  much  to  carry,  and  few  rarri(Ts,  will 
obsf-rvc,  j)crha|)s,  that  the  benefits  of  these  regulations  are  somewhat 
narrowed  by  confining  them  to  articles  brought  hither  in  French  or 
Amf-rican  bottoms.  But  they  will  consider  that  nothing  in  those 
instrinnents  moves  from  us.  'J^lu'  Jidvantagcs  they  hold  out  are  all 
piveji  by  this  country  to  us,  and  lln;  givers  will  modify  their  gifts  as 
ihcy  |)lr;:isc.  1  suj)pose  it  to  be  a  determined  principle  of  this 
Court  not  to  suffer  our  carrying  business,  so  far  as  their  consumption 


DIPLOMATIC  CORRESPONDENCE.  129 

of  our  commodities  extends,  to  become  a  nursery  for  British  seamen. 
Nor  would  this,  perhaps,  be  advantageous  to  us,  considering  the 
dispositions  of  the  two  nations  towards  us.  The  preference  which 
our  shipping  will  obtain  on  this  account,  counterpoise  the  discourage- 
ments it  experiences  from  the  dangers  of  the  Barbary  States.  IVor 
is  the  idea  unplcasing  which  shews  itself  in  various  parts  of  these 
papers,  of  naturalizing  American  bottoms  and  American  citizens  in 
France  and  in  its  foreign  possessions.  Once  established  here,  and  in 
their  eastern  settlements,  they  may  revolt  less  at  the  proposition  to 
extend  it  to  those  westward.  They  are  not  yet,  however,  at  that 
point ;  we  must  be  contented  to  go  towards  it  a  step  at  a  time,  and 
trust  to  future  events  for  hastening  our  progress. 

With  respect  to  the  alliance  between  this  and  the  two  Imperial 
Courts,  nothing  certain  transpires.  We  are  enabled  to  conjecture  its 
progress  only  from  facts  which  now  and  then  show  themselves. 
The  following  may  be  considered  as  indications  of  it:  1st.  The 
Emperor  has  made  an  attempt  to  surprise  Belgrade.  The  attempt 
failed,  but  will  serve  to  plunge  him  into  the  war,  and  to  shew  that 
he  had  assumed  the  character  of  mediator  only  to  enable  himself  to 
gain  some  advantage  by  surprise.  2d.  The  mediation  of  France  is 
probably  at  an  end,  and  their  abandonment  of  the  Turks  agreed  on ; 
because  they  have  secretly  ordered  their  officers  to  quit  the  Turkish 
service.  This  fact  is  known  to  but  few,  and  not  intended  to  be 
known,  but  I  think  it  certain.  3d.  To  the  offer  of  mediation  lately 
made  by  England  and  Pi-ussia,  the  Court  of  Petersburgh  answered, 
that  having  declined  the  mediation  of  a  friendly  Power,  (France,) 
she  could  not  accept  that  of  two  Courts  with  whose  dispositions  she 
had  reason  to  be  dissatisfied.  4ih.  The  States  General  are  said  to 
have  instructed  their  Ambassador  here  lately  to  ask  of  i\I.  de  INIont- 
morin  whether  the  inquiry  had  been  made  which  they  had  formerly 
desired,  "  By  what  authority  the  French  Engineers  had  been  placed 
in  the  service  of  Holland  V  And  that  he  answered  that  the  inquiry 
had  not  been  made  nor  should  be  made.  Though  I  do  not  consider 
the  channel  through  which  I  get  this  fact  as  absolutely  sure,  yet  it  is 
so  respectable  that  I  give  credit  to  it  myself.  8th.  The  King  of 
Prussia  is  withdrawing  his  troops  from  Holland.  Should  the  alliance 
shew  itself,  it  would  seem  that  France,  thus  strengthened,  might 
dictate  the  reestablishment  of  the  affairs  of  Holland  in  her  own  form. 
For  it  is  not  conceivable  that  Prussia  would  dare  to  move,  nor  that 
Vol.  n.— 9 


130  THOMAS  JEFFERSON— JOHN  JAY. 

England  would  alone  undertake  such  a  war,  and  for  such  a  purpose. 
She  appears,  indeed,  triumphant  at  present ;  but  the  question  is,  who 
will  triumph  at  last? 

I  enclose  you  a  copy  of  a  letter  from  IMr.  Dumas.  I  received  one 
from  him  myself,  wherein  he  assures  me  that  no  difficulties  shall  be 
produced  by  what  he  suggested  relative  to  his  mission  to  Brussels. 
The  gazettes  of  France  and  Leyden,  to  this  date,  accompany  this 
letter,  which,  with  the  several  papers  put  under  your  cover,  I  shall 
send  to  ]Mr.  Limozin,  our  agent  at  Havre,  to  be  forwarded  by  the 
Juno,  Captain  Jenkins,  which  sails  from  that  port  for  New  York,  on 
llie  3d  of  January. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


FROM    THOMAS     JEFFERSON     TO     LE     COMTE     BERNSTORFF,    MINISTER 
OF    FOREIGN    AFFAIRS,  COPENHAGEN. 

Paris,  January  21,  1788. 
Sir, 
I  am  instructed  by  tne  United  States  of  America,  in  Congress 
assembled,  to  bring  again  under  the  consideration  of  his  Majesty  the 
King  of  Denmark,  and  of  his  INIinisters,  the  case  of  the  three  prizes 
taken  from  the  English  during  the  late  war  by  an  American  squadron 
under  the  command  of  Commodore  Paul  Jones,  put  into  Bergen  in 
distress,  there  rescued  from  our  possession  by  orders  from  the  Court 
of  Denmark,  and  delivered  back  to  the  English.  Dr.  Franklin,  then 
Minister  Plenipotentiary  from  the  United  States  at  the  Court  of 
Versailles,  had  the  honor  of  making  apj)lications  to  the  Court  of 
Df'Miimrk  for  a  just  indemnification  to  the  persons  interested,  and 
jiarticiilarly  by  a  letter  of  tlie  22(1  of  Dccemlier,  1779,  a  copy  of 
which  1  have  the  honor  of  enclosing  for  your  Excellency.  In  conse- 
quence of  this,  the  sum  of  ten  thousand  pounds  was  proposed  to  him 
as  an  indemnification,  through  the  Baron  de  W:ilterstorff,  then  at 
Paris.  Thr;  deparlun;  of  both  those  gentlemen  from  this  place  soon 
after  occasioned  an  intermission  in  the  correspondence  on  this  subject. 
But  thr;  United  States  continue  to  be  very  sensibly  aflected  l)y  this 
delivery  of  their  prizes  to  (Jreat  Britain,  and  more  so,  as  no  part  of 
their  ronduct  had  forfeited  their  r'l;iim  to  those  rights  of  hos])itality 
which  civilized  nations  extend  to  each  utiier.     Not  only  a  sense  of 


DIPLOMATIC  CORRESPONDENCE.  131 

justice  clue  to  the  individuals  interested  in  those  prizes,  but  also  an 
earnest  desire  that  no  subject  of  discontent  may  check  the  cultiva- 
tion and  progress  of  that  friendship  which  they  wish  may  subsist  and 
increase  between  the  two  countries,  prompts  them  to  remind  his 
INIajesty  of  the  transaction  in  question ;  and  they  flatter  themselves 
that  his  Majesty  will  concur  with  them  in  thinking,  that  as  restitution 
of  the  prizes  is  not  practicable,  it  is  reasonable  and  just  that  he  should 
render,  and  that  they  sliould  accept,  a  compensation  equivalent  to 
the  value  of  them.  And  the  same  principles  of  justice  towards 
the  parties,  and  of  amity  to  the  United  States,  which  influenced  the 
breast  of  his  Majesty  to  make,  through  the  Baron  de  Walterstorfi*, 
the  proposition  cf  a  partionlar  sum  will  surely  lead  him  to  restore 
their  full  value,  if  that  were  greater,  as  is  believed,  than  the  sum 
proposed.  In  order  to  obtain,  therefore,  a  final  arrangement  of  this 
demand.  Congress  have  authorized  me  to  depute  a  special  agent  to 
Copenhagen,  to  attend  the  pleasure  of  his  Majesty.  No  agent  could 
be  so  adequate  to  this  business  as  the  Commodore  Paul  Jones,  who 
commanded  the  squadron  which  took  the  prizes.  He  will,  therefore, 
have  the  honor  of  delivering  this  letter  to  your  Excellency  in  person, 
of  giving  such  information  as  may  be  material,  relative  to  the  whole 
transaction ;  of  entering  into  conferences  for  its  final  adjustment ;  and 
being  himself  principally  interested,  not  only  in  his  own  right,  but 
as  the  natural  patron  of  those  who  fought  under  him,  whatever  shall 
be  satisfactory  to  him,  will  have  a  great  right  to  that  ultimate  appro- 
bation which  Congress  have  been  pleased  to  confide  to  me. 

I  beg  your  Excellency  to  accept  the  homage  of  that  respect 
which  your  exalted  station,  talents,  and  merit  impress,  as  well  as 
those  sentiments  of  esteem  and  regard,  with  which  I  have  the  honor 

to  be,  he, 

TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON   TO    JOHN   JAY. 

Paris,  February  f),  1788. 
Sir, 

The  letter  of  December  12th,  which  Mr.  Remscn  did  me  the  favor 

to  write  me  during  your  indisposition,  has  been  duly  received,  and  I 

shall  be  happy  to  hear  that  the  cause  is  removed  \\  hich  deprived  mo 

at  that  moment  of  the  pleasure  of  hearing  from  you.     My  last  were 


132  THOMAS  JEFFERSOX-JOHN  JAY. 

of  the  21st  and  31st  December.  I  am  afraid  that  my  intelHgence 
may  have  appeared  sometimes  to  come  late  to  hand.  JNIy  letters  by 
the  Count  de  INIoustier  suffered  by  his  long  delay  in  Brest  by  con- 
trar}^  winds.  That,  too,  which  he  carried  of  October  27th,  was 
particulaily  interesting,  as  it  enclosed  notice  of  tlie  pacification 
between  France  and  England.  ]My  letter  of  December  31st,  by 
Captain  Jenkins,  who  was  to  have  sailed  Januar}'  3,  was  detained 
with  his  vessel  in  Ha\Te  by  contrary  winds,  till  January  27th.  It 
conveyed  the  arret  and  letter  relative  to  our  commerce,  which  were 
interesting  also.  On  account  of  the  multitude  of  falsehoods  always 
current  here,  under  specious  appearances,  I  am  obliged  to  be  slow  of 
belief,  but  whenever  a  part  worth  communicating  is  so  far  authenti- 
cated as  to  be  worthy  belief,  I  never  fail  to  avail  myself  of  the  first 
safe  opportunity  of  communicating  it  to  you. 

The  last  letter  on  the  subject  of  the  brig  Absolonia  from  Rhode 
Island,  having  reestablished  the  orthography  of  the  advocate's  name, 
(Depeuty,  instead  of  Depauty,  as  the  first  letter  had  called  him,)  I 
have  found  him,  and  delivered  him  the  letters,  and  now  enclose  an 
answer  firom  him  to  Messrs.  Topham,  Ross,  and  Newman. 

No  remarkable  circumstance  has  happened  in  the  political  affairs 
of  Europe  since  my  last.  The  season  permits  little  activity  between 
the  Turks  and  Russians.  The  Emperor,  since  the  manoeuvre  to 
surprise  Belgrade,  which  failed,  has  been  galiiering  strength  towards 
that  quarter,  but  no  open  act  of  hostility  has  yet  taken  place.  The 
principal  Minister  here  seems  immoveably  pacific.  Their  late  loan 
is  filling  up,  indeed,  but  with  subscriptions  only,  not  cash.  This 
comes  in  slowly,  and  the  payments  yet  to  be  made  arc  less  sure  than 
could  be  wished.  I  am  as  sure  they  can  obtain  no  money  in  Holland. 
The  negotiations  witli  Russia  and  llie  Emperor  proceed  ;  but  they 
proceed  slowly.  The  hopes  of  the  Dutch  Patriots  arc  just  kept 
alive.  Their  Ambassador  does  not  yet  return  to  Hague.  The 
Prussians  arc  about  to  withdraw  from  Holland,  and  to  be  replaced 
by  Hessians  in  the  j)ay  of  the  Republic.  The  liealtii  of  the  prin- 
cipal Minister  here  is  so  low  that  he  does  business  with  nobody  but 
the  King  and  Queen  and  the  Ministers.  Much  is  said  and  believed 
of  his  retiring  from  office,  and  being  succeeded  by  the  Duke  de 
Clialelct ;  but  I  do  not  believe  it,  because  facts  seem  to  evince  him 
master  of  the  minds  both  of  the  King  and  Queen.  The  bickerings 
with  the  I'arliamcnt  continue.     Tiic  edict  for  the  favor  of  the  non- 


DIPLOMATIC  CORRESPONDENCE.  J33 

Catholics  has  at  length  passed.  You  will  see  a  copy  of  it  in  the 
gazettes,  and  wonder  that  so  small  an  effort  of  common  sense  could 
have  excited  so  much  contradiction.  A  violent  opposition  is  raised 
against  the  arret  for  the  encouragement  of  our  commerce,  enclosed  in 
my  last.  All  the  Chambers  of  Commerce  have  remonstrated  against 
it,  and  the  Ministers  are  alarmed.  The  Count  de  la  Luzerne,  on  whose 
friendly  dispositions  it  was  supposed  we  might  rely,  does  not  manifest 
any  partialities  for  us.  The  instability  of  the  laws  in  this  country 
are  such  that  no  merchant  can  venture  to  make  ^ny  speculation  on 
the  faith  of  a  law.  I  hope,  however,  that  no  material  alteration  will 
be  permitted  in  the  present  instance.  Therefore,  I  should  think  it 
better  not  to  alarm  our  merchants  with  any  doubts  about  the  contin- 
uance of  it.  Commodore  Jones  set  off  this  day  for  Copenhagen, 
to  settle  the  demands  for  prize  money  against  that  Court.  I  have 
lately  seen  a  person,  just  come  from  Algiers,  who  knew  well  all  our 
captives  there.  Captain  Coffin  is  dead  of  a  consumption ;  two  have 
died  of  the  plague,  and  one  of  the  small-pox.  He  thinks  that  since 
the  price  given  by  the  Spaniards  and  Neapolitans  for  the  redemption 
of  captives,  they  will  never  sell  another  of  any  nation  for  less  than 
from  five  to  six  hundred  sequins.  He  supposes  that  exclusively  of 
the  redemption  of  our  captives,  it  would  have  cost  us  a  million  of 
dollars  to  make  peace  when  INIr.  Lamb  arrived  there.  The  Span- 
iards, Neapolitans,  and  Portuguese  were  then  all  sueing  for  peace. 
This  has  increased  excessively  the  pride  of  those  pirates.  As  soon 
as  money  is  provided,  I  shall  set  the  business  of  redemption  afoot. 
This  letter  goes  by  post.  The  gazettes  to  this  day  are  enclosed. 
1  have  the  honor  to  be,  &:c.,  TH :  JEFFERSON. 


FROM   THOMAS    JEFFERSON   TO    JOHN   JAY. 

Amsterdam,  March  13,  1788. 
Sir, 

Mr.  Adams  having  announced  to  our  bankers  here  his  approaching 

departure  from  Europe,  and  referred  them  to  me  for  counsel  on  our 

affairs  in   their  hands,  they  sent  me   a  state  of  them,  and   of  the 

difficulties  which  were  pressing  at  the  moment,  and  impending  more 

seriously  for  the  month  of  June.     They  were  urging  me,  by  almost 

every  post,  on   this  subject.     In   this  situation,  information  of  INIr. 

Adams's  journey  of  leave  to  the;  Hague  reached  me  on  the  day  of 


134  THOMAS  JEFFERSON— JOHN  JAY. 

Ills  amval  there.  I  was  sensible  how  important  it  was  to  have  the 
benefit  of  his  interference,  in  a  department  which  had  been  his 
pecuharly  from  the  beginning,  and  with  all  the  details  of  which  he 
was  as  intimately  acquainted  as  1  was  little  so.  I  set  out,  therefore, 
in  the  instant,  joined  him  at  the  Hague,  and  he  readily  concuiTed 
with  me  in  the  necessity  of  our  coming  here  to  confer  with  our 
bankers  on  the  measures  which  might  be  proper  and  practicable. 
We  are  now  engaged  on  this  object,  and  the  result,  together  with  a 
full  explanation  of  the  difficulties  which  commanded  our  attention, 
shall  be  the  subject  of  a  letter  which  I  shall  do  myself  the  honor  of 
writing  you  by  INIr.  Adams  to  be  forwarded  by  Colonel  Smith,  who 
will  go  in  the  English  packet.  I  avoid  further  particulars  in  the 
present  letter,  because  it  is  to  pass  through  the  different  post  offices 
to  Paris.  It  will  be  forwarded  thence  by  Mr.  Short,  whom  I  have 
desired  to  do  himself  the  honor  of  writing  to  you  any  occurrences 
since  my  departure,  which  may  be  w^orthy  of  being  communicated 
by  the  French  packet  of  this  month. 

I  have  the  honor  to  be,  kc,  TH :  JEFFERSON. 


FROM   THOMAS    JEFFERSON   TO    JOHN   JAY. 

Amsterdam,  March  16,  1783. 
Sir, 

In  a  letter  of  the  13th  instant,  which  I  had  the  honor  of  addressing 
you  from  this  place,  I  mentioned,  in  general  tenns,  the  object  of  my 
journey  thither,  and  that  I  should  enter  into  more  particular  details 
by  the  confidential  conveyance  which  would  occur  through  INIr. 
Adams  and  Colonel  Smith. 

The  Board  of  Treasury  IkuI,  in  tlie  monlli  of  December,  given 
notice  to  our  banker  hero  tiiat  it  was  impossiljle  for  them  to  make 
any  remittance's  to  Europe  for  the  then  ensuing  y(>ar  ;  and  that  tiiey 
must  therefon^  rely  altogether  on  thr  progress  of  the  late  loan.  Hut 
this,  in  the  niranlimc,  after  being  about  one  third  filled,  had  ceased 
to  get  forward.  The  bankers,  who  had  been  referred  to  mc  for 
advice  by  Mr.  Adams,  stated  their  circumstances,  and  pressed  their 
apj)re|ionsions  for  the  (-nsuing  month  of  .June,  when  27(),()()0  florins 
W(jmI(1  b(!  wanting  for  interest.  In  fine,  they  urged  an  offer  of  the 
holders  of  the  former  bonds  to  take  all  tlios(j  now  remaining  on  hand, 
provided  they  might  retain  out  of  them  the  interest  on  a  jjart  of  our 


DIPLOMATIC  CORRESPONDENCE.  I35 

domestic  debt,  of  which  they  had  also  become  tlie  holders.  This 
would  have  been  180,000  florins.  To  this  proposition  I  could  not 
presume  any  authority  to  listen.  Thus  pressed  between  the  danger 
of  failure  on  one  hand,  and  an  impossible  proposition  on  the  other,  I 
heard  of  Mr.  Adams  being  gone  to  the  Hague  to  take  leave.  This 
knowledge  of  the  subject  was  too  intimate  to  be  neglected  under  the 
present  difficulty,  and  it  was  the  last  moment  in  which  we  could  be 
availed  of  it.  I  set  out,  therefore,  immediately  for  the  Hague,  and 
we  came  on  to  this  place  together,  in  order  to  see  what  could  be 
done.  It  was  easier  to  discover  than  to  remove  the  causes  which 
obstructed  the  progress  of  the  loan.  Our  affairs  here,  like  those  of 
other  nations,  are  in  the  hands  of  particular  bankers.  These  employ 
particulai'  brokers,  and  they  have  their  particular  circle  of  money 
lenders.  These  money  lenders,  as  I  have  before  mentioned,  while 
placing  a  part  of  their  money  in  our  foreign  loans,  had  at  the  same 
time  employed  another  part  in  a  joint  speculation  to  the  amount  of 
840,000  dollars  of  our  domestic  debt.  A  year's  interest  was 
becoming  due  on  this,  and  they  wished  to  avail  themselves  of  our 
want  of  money  for  the  foreign  interest  to  obtain  payment  of  the 
domestic.  Our  first  object  was  to  convince  our  bankers  that  there 
was  no  Power  on  this  side  the  Atlantic  which  could  accede  to  this 
proposition,  or  give  it  any  countenance.  They  at  length,  therefore, 
but  with  difficulty  receded  from  this  ground,  and  agreed  to  enter  into 
conferences  with  the  brokers  and  lenders,  and  to  use  every  exertion 
to  clear  the  loan  from  the  embarrassment  in  which  this  speculation 
had  engaj^ed  it?  What  will  be  the  result  of  these  conferences  is  not 
yet  known.  We  have  hopes,  however,  that  it  is  not  desperate, 
because  the  bankers  yesterday  consented  to  pay  off,  and  did  actually 
pay  off  the  capital  of  51,000  florins,  which  had  become  due  to  the 
house  of  Fizeaux  &;  Co.  on  the  first  day  of  January,  which  had  not 
yet  been  paid.  W^e  have  gone  still  further.  The  Treasury  Board 
gives  no  hope  of  remittances  till  the  new  Government  can  procure 
them.  For  that  Government  to  be  adopted,  its  Legislature  assem- 
bled, its  system  of  taxation  and  collection  arranged,  the  money 
gathered  from  the  people  into  their  treasury,  and  then  remitted  to 
Europe,  must  enter  us  considerably  into  the  year  IT  DO.  To  secure 
our  credit,  then,  for  the  present  year  only,  is  but  to  \mi  off  the  evil 
day  to  the  next.  What  remains  of  the  last,  even  when  it  shall  be 
filled  up,  will  little  more  than  clear  us  of  present  demands,  as  may 


136  THOMAS  JEFFERSON- JOHN  JAY. 

be  seen  by  the  estimate  enclosed,  We  thought  it  better,  therefore, 
to  provide  at  once  for  the  years  1789  and  1790  also,  and  thus  to 
place  the  Government  at  its  ease,  and  our  credit  in  security  during 
that  tr}-ing  interval.  The  same  estimate  will  show  that  another 
million  of  florins  will  be  necessary  to  effect  this.  We  stated  this  to 
our  bankers,  who  concurred  in  our  views,  and  that  to  ask  the  whole 
sum  at  once  would  be  better  than  to  make  demands  from  time  to 
time  so  small  as  that  they  betray  to  the  money  holders  the  extreme 
feebleness  of  our  resources.  ]\Ir.  Adams,  therefore,  has  executed 
bonds  for  another  million  of  florins,  which,  however,  are  to  remain 
unissued  till  Congress  shall  have  ratified  the  measure ;  so  that  the 
transaction  is  something  or  nothing  at  their  pleasure.  We  suppose 
its  expediency  so  apparent  as  to  leave  little  doubt  of  its  ratification. 
In  this  case  much  time  will  have  been  saved  by  the  execution  of  the 
bonds  at  this  moment,  and  the  proposition  will  be  presented  here 
under  a  more  favorable  appearance,  according  to  the  opinion  of  the 
banker.  Mr.  Adams  is  under  a  necessity  of  setting  out  to-morrow 
morning ;  but  I  shall  stay  two  or  three  days  longer  to  attend  to,  and 
to  encourage  the  efforts  of  the  bankers,  to  judge  and  to  inform  you 
whether  they  will  ensure  us  a  safe  passage  over  the  month  of  June. 

Not  hanng  my  letters  here  to  turn  to,  I  am  unable  to  say  whether 
in  tlio  last  I  wTote  from  Paris  I  mentioned  the  declaration  of  the 
Emj)cror  that  he  should  take  a  part  in  the  war  against  the  Turks. 
This  declaration  appeared  a  little  before  or  a  little  after  that  letter;  I 
do  not  recollect  which.  Some  trifling  hostilities  have  taken  place 
between  them.  The  Court  of  Versailles  seems  to  pursue  immoveably 
its  pacific  system.  And  from  every  appearance  in  the  country  from 
which  1  write,  we  must  conclude  that  its  tragedy  is  wound  up.  The 
triumph  appears  complete,  and  tranquillity  perfectly  established. 
The  numbers  who  have  emigrated  are  differently  estimated  from 
twenty  to  forty  thousand. 

A  little  before  I  left  Paris  I  received  a  piece  of  intelligence  which 
should  be  communicated,  leaving  you  to  lay  what  stress  upon  it  it 
may  seem  to  deserve.  Its  autheiitirity  may  be  surely  relied  on.  At 
lh(!  moment  of  the  late  pacification  Spain  had  about  fifteen  ships  of 
the  line  really  ready  for  s(;a.  The  convention  for  disanning  did  not 
extend  to  her,  nor  did  she  disarm.  This  gave  inquietude  to  the 
Court  of  I>ondon,  and  they  demanded  an  explanation.  One  was 
given,  which  they  say  is  perfectly  satisfactory.   The  Russian  Minister 


DIPLOMATIC  C0RRESP0ND7.NCE.  13-7 

at  Versailles  getting  a  knowledge  of  this,  became  suspicious  on  his 
part.  lie  recollected  that  Spain  during  the  war  ha-l  been  opposed 
to  the  entrance  of  a  Russian  fleet  into  the  IMediterrantan;  and  con- 
cluded if  England  was  not  the  object  of  the  armament,  IVissia  mifrht 
be.  It  is  known  that  that  Power  means  to  send  a  fleet  of  about 
twenty-four  ships  into  the  Mediterranean  this  summer.  He  vent  to 
the  Count  de  INIontmorin  and  expressed  his  apprehensions.  The 
Count  de  jNIontmorin  declared  that  the  object  of  Spain  in  that  aiTia- 
mcnt  was  totally  different ;  that  he  was  sure  she  would  succeed ;  b«t 
that  France  and  Spain  were  to  be  considered  as  one,  and  that  the 
former  would  become  guarantee  for  the  latter  that  she  would  make 
no  opposition  to  the  Russian  fleet.  If  neither  England  nor  Russia 
be  the  object,  the  question  recurs,  who  is  it  for?  You  know  best  if 
our  affairs  with  Spain  are  in  a  situation  to  give  jealousy  to  either  of 
us.  I  think  it  very  possible  that  the  satisfaction  of  the  Court  of 
London  may  have  been  pretended  or  premature.  It  is  possible,  also, 
that  the  affairs  of  Spain  in  South  America  may  require  them  to 
assume  a  threatening  appearance.  I  give  you  the  facts,  however, 
and  you  will  judge  whether  they  are  objects  of  attention  or  of  mere 
curiosity. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 

P.  S.  I  enclose  herewith  an  extract  of  a  letter  from  the  Count 
de  Vergennes  to  the  French  Ambassador  at  the  Hague,  which  will 
make  a  remarkable  chapter  in  the  history  of  the  late  revolution  here. 
It  is  not  public,  nor  should  be  made  so  by  us.  Probably  those  who 
have  been  the  victims  of  it  will  some  day  publish  it. 

TH:  JEFFERSON. 


Extract  from  the  Count  dc  Vergenncs's  despatch  to  the  Morquis 
de  Verac,  Ambassador  from  France  at  the  Hague,  dated  loth 
August,  1786. 

The  King  will  concur  as  far  as  he  can  towards  the  success  of  this 
matter,  and  you  will  request,  on  his  part,  the  patriots  to  communicate 
their  views,  plans,  and  wishes.  You  will  assure  them  that  the  King 
is  equally  interested  for  their  persons  as  well  as  their  cause,  and  that 
they  may  rely  on  his  protection.     They  may  depend  upon  this  the 


133  THOMAS  JEFFERSON-JOHN  JAY. 

more,  as  we  do  not  pretend  to  dissemble,  sir,  that,  if  the  Stadtholder 
recovers  his  foruicr  influence,  the  Enghsh  system  will  not  fail  to 
prevail,  and  o^r  alliance  become  a  mere  phantom.  The  patriots  will 
readily  perceive  that  such  a  circumstance  would  be  quite  incompatible 
with  the  dgnity  as  well  as  the  respect  of  his  Majesty.  But  in  case, 
sir  the  teaders  of  the  patriots  should  fear  a  schism,  they  will  have 
ample  time  to  bring  back  such  of  their  friends  as  the  English  party 
have  perverted,  and  arrange  matters  so  that  the  question  which  is  to 
be  again  deliberated  be  decided  agreeably  to  their  wishes.  On  this 
presumption  the  King  authorizes  you  to  act  in  concert  with  them,  to 
follow  such  directions  as  they  may  see  proper  to  give  you,  and  to 
employ  every  means  to  augment  their  number  of  partizans  for  the 
good  cause.  It  remains  for  me,  sir,  to  speak  to  you  concerning  the 
personal  security  of  the  patriots.  You  will  assure  them  that  at  all 
events  the  King  takes  them  under  his  immediate  protection ;  and  you 
will  inform,  whenever  it  may  be  necessary,  that  his  majesty  will  con- 
sider every  attempt  against  their  liberty  as  a  personal  offence  against 
hmi. 

It  is  to  be  presumed  that  this  language,  supported  with  energy, 
will  impose  on  the  audacity  of  the  English  party,  and  that  the  Prince 
of  Nassau  will  apprehend  some  danger  by  provoking  his  Majesty's 
resentment. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  November  3,  1787. 

Dear  Sir, 

Since  the  date  of  my  last,  which  was  the  21lh  ultimo,  Congress 
has  been  pleased  to  pass  an  act,  of  which  the  enclosed  is  a  copy.  It 
contains  instnictions  to  you  nlati\e  to  the  demands  of  the  United 
States  against  the  Court  of  Denmark.  As  they  arc  express  and 
particular,  remarks  uj)on  them  would  be  unnecessary.  I  am  per- 
suaded that  the  manner  in  which  this  liusiness  will  be  conducted  and 
concluded  will  evinfc;  th(>  proj)nety  of  its  being  connnilted  to  your 
discretion. 

Advices  from  Georgia  represent  that  State  as  iiuich  distressed  by 
the  Indians.  It  is  said  that  the  apprehensions  of  ihe  people  are  so 
greatly   alarmed   that   they  arc  even    fortifying  Savannah.      There 


DIPLOMATIC  CORRESPONDENCE.  I39 

doubtless  is  reason  to  fear  that  thuir  frontier  settlements  will  luj 
ravaged.  The  Indians  are  numerous,  and  they  are  exasperated,  and 
will  probably  be  put  to  no  difiiculty  on  account  of  military  stores. 
These  embarrassments  result  from  the  want  of  a  proper  government, 
to  guard  good  faith  and  punish  violations  of  it. 

With  very  sincere  esteem,  &:c.,  JOHN  JAY. 


Extract  from  the  Secret  Journal,  October  28fA,  1787. 

On  motion  of  Mr.  H.  Lee,  seconded  by  Mr.  Carrington, 

Resolved,  That  the  ]\Iinister  of  the  United  States  at  the  Court  of 
Versailles  be,  and  he  hereby  is,  authorized  and  instructed  to  represent 
to  his  Danish  Majesty  that  the  United  States  continue  to  be  very 
sensibly  affected  by  the  circumstance  of  his  JNIajesty  having  caused  a 
number  of  their  prizes  to  be  delivered  to  Great  Britain  during  the 
late  war,  and  the  more  so  as  no  part  of  their  conduct  had  forfeited 
their  claims  to  the  rights  of  hospitality,  which  civilized  nations  extend 
to  each  other.  That  not  only  a  sense  of  the  justice  due  to  the 
individuals  interested  in  those  prizes,  but  also  an  earnest  desire  that 
no  subject  of  discontent  may  check  the  cultivation  and  progress  of 
that  friendship  which  they  wish  may  subsist  and  increase  between 
the  two  countries,  prompt  the  United  States  to  remmd  his  JNIajesty  of 
the  transaction  in  question.  And  they  flatter  themselves  that  his 
JNIajesty  will  concur  with  them  in  thinking  that  as  restitution  of  the 
prizes  is  not  practicable,  it  is  reasonable  and  just  that  he  should 
render,  and  that  they  should  accept,  a  compensation  equivalent  to 
the  value  of  them. 

That  the  said  Minister  be  further  authorized  and  instructed  fmally 
to  settle  and  conclude  the  demand  of  the  United  States  against  his 
Danish  JNIajesty  on  account  of  the  prizes  aforesaid,  by  such  compo- 
sition and  on  such  terms  as  may  be  the  best  in  his  power  to  obtain  ; 
and  that  he  be  directed  to  retain  in  his  hands  all  the  money  so 
recovered  till  the  further  order  of  Congress. 

That  the  said  JNIinister  be,  and  he  is  hereby,  authorized  in  case  he 
shall  think  it  proper,  to  despatch  the  Chevalier  John  Paul  Jones,  or 
any  other  agent,  to  the  Court  of  Denmark,  with  such  powers  and 
instiiictions  relative  to  the  ab(,)V('nienlioned  negotiation  as  in  his  judg- 
ment may  be  the  most  conducive  to  the  successful  issue  thereof  j 


140  THOMAS  JEFFERSON— JOHN  JAY. 

provided,  that  the  uhimate  conclusion  of  the  business  be  not  made 
by  the  agent  without  the  previous  approbation  of  the  said  Minister. 

That  the  person  employed  shall,  for  his  agency  in  the  business 
aforesaid,  be  allowed  five  per  cent,  for  all  expenses  and  demands 
whatever  on  that  account. 

Ordered,  That  the  Board  of  Treasury  transmit  to  the  Minister  of 
the  United  States  at  the  Court  of  Versailles  all  the  necessary  docu- 
ments relative  to  the  prizes  delivered  up  by  Denmark. 


FROM   JOHN    JAY   TO    THOMAS    JEFFERSON. 

New  York,  April  24,  1788. 

Dear  Sir, 

Since  the  3d  November  last  I  have  been  honored  by  your  favors 
of  the  19th,  22d,  and  !24th  September,  Sth  and  27th  October,  3d  and 
7th  November,  21st  and  31st  December,  and  Sth  February  last,  all 
of  which  have  been  laid  before  Congress ;  but  they  have  given  me 
no  orders  respecting  the  subjects  of  them. 

The  state  of  my  health  was,  for  a  long  time,  such  as  to  oblige  me 
to  omit  some  good  opportunities  of  writing  to  you  fully.  It  is  not 
yet  perfectly  reestablished  ;  but  I  am  nevertheless  so  far  recovered 
as  to  have  reason  to  hope  that  the  approaching  season  will  moderate, 
if  not  wholly  remove,  my  remaining  complaints. 

Since  the  rising  of  the  late  Convention  at  Philadelphia  Congress 
has  done  but  little  business,  and  1  apprehend  that  will  continut;  to  be 
the  case  while  the  fate  of  the  proposed  Constitution  remains  undecided. 
Vou  will  ])fTC('ive,  from  the  jiublic  |)aj)('rs,  that  it  lias  given  occasion 
to  lieats  and  parties  in  several  of  the  StatfS, 

The  late  commercial  arrangements  of  France  relative  to  the 
United  States,  will  tend  to  rend(;r  th(?  romiexion  between  the  two 
coiuitries  more  intimate.  They  bear  marks  of  wisdom  and  liberality, 
and  cannot  fail  of  l)eing  very  acceptable.  It  is  to  Ije  regretted  that 
the  mercantile  people  in  France  oppose  a  system  which,  certainly,  is 
caletil.'ited  to  bind  ihc^  two  nations  together,  and  from  which  both 
would  evf-ntually  derive  rcimmercial  as  well  as  political  advantages. 

Ii  :ip])ears  to  nir-  that  France  has  not  a  single  ally  in  Europe  on 
which  she  can  fully  (lej)rii(l ;  and  it  doubtless  would  be  wise  in  her 


DIPLOMATIC  CORRESPONDENCE.  141 

to  endeavor  so  to  blend  her  interests  with  ours  as,  if  possible,  to 
render  them  indissoluble.  This,  in  my  opinion,  can  only  be  done 
by  giving  us  all  the  privileges  of  Frenchmen,  and  accepting  in  return 
all  the  privileges  of  Americans.  If  they  could  bring  themselves  to 
adopt  this  idea,  their  schemes  of  policy  respecting  us  would  be  greatly 
simplified ;  but  the  spirit  of  monopoly  and  exclusion  has  prevailed 
in  Europe  too  long  to  be  done  away  at  once;  and  however 
enlightened  the  present  age  may  appear  when  compared  with  former 
ones,  yet,  whenever  ancient  prejudices  are  touched,  we  fmd  that  we 
only  have  light  enough  to  see  our  want  of  more.  Toleration  in 
commerce,  like  toleration  in  religion,  gains  ground,  it  is  true ;  but  I 
am  not  sanguine  in  my  expectations  that  either  will  soon  take  place 
in  their  due  extent. 

I  have  the  honor  of  being,  he,  JOHN  JAY. 


FROM   JOHN   JAY   TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  May  16,  1788. 

Dear  Sir,     ■ 

Since  the  date  of  my  last,  viz :  24th  ultimo,  no  letters  from  you 
have  arrived,  nor  any  event  of  importance  occurred,  except  tlie 
accession  of  INIaryland  to  the  number  of  the  States  which  have 
adopted  the  proposed  Constitution.  Until  that  business  is  concluded, 
1  apprehend  that  our  national  aiiairs  will  continue  much  at  a  stand. 

Mr.  Barlow  will  take  charge  of  this,  and  of  a  packet  of  news- 
papers for  you. 

With  great  and  smcere  esteem,  Sic,  JOHN  JAY. 


FROM  THOMAS  JEFFERSON  TO  THE  COMMISSIONERS  OF  THE  TREASURY. 

Paris,  February  7,  1763. 

Gentlemen, 

Your  favors  of  November  the  10th  and  13th,  and  December  the 

5th,  have  been  duly  received.     Conimodore  Jones  left  this  place  for 

Copenhagen,  the  5th  instant,  to  carry  into  execution  the  resolution 

of  Congress  of  October  the  25lh.     Whatever  moneys  that  Court 


142  THOMAS  JEFFERSON-JOHN  JAY. 

shall  be  willing  to  allow  shall  be  remitted  to  your  bankers,  either  in 
Amsterdam  or  Paris,  as  shall  be  found  most  beneficial ;  allowing 
previously  to  be  withdrawn  Commodore  Jones's  proportion,  ^^hicll 
will  be  necessary  for  his  subsistence.  I  desired  him  to  endeavor  to 
prevail  on  the  Danish  JNIinister  to  have  the  money  paid  in  Amster- 
dam or  Paris,  by  their  bankers,  in  either  of  those  cities,  if  they 
have  one. 

Mr.  Ast  (Secretary  to  the  Consulate)  is  at  L'Orient.  Whether 
he  comes  up  with  the  papers,  or  sends  them,  they  shall  be  received, 
sealed  up,  and  taken  care  of.  I  will  only  ask  the  favor  of  you  that 
I  may  never  be  desired  to  break  the  seals,  unless  very  important 
cause  for  it  should  arise. 

I  have  just  received,  from  Messrs.  Willinks  and  Van  Staphorsts,  a 
letter  of  January  the  31st,  in  which  arc  these  words:  ''The  official 
'communication  we  have  of  the  actual  situation  and  prospect  of  the 
'  finances  of  the  United  States,  would  render  such  a  partial  payment 
'  as  that  to  Fiseaux's  house,  of  no  avail  towards  the  support  of  the 
'  public  credit,  unless  effectual  measures  shall  be  adopted  to  provide 
<  funds  for  the  270,000  florins  interest  that  will  be  due  the  first  of 
'  June  next ;  a  single  day's  retard  in  which  would  ground  a  prejudice 
'  of  long  duration."  They  informed  me,  at  the  same  time,  that  they 
have  made  to  you  the  following  communication :  That  Mr.  Stanitski, 
our  principal  broker,  and  holder  of  thirteen  hundred  and  forty 
thousand  dollars  of  certificates  of  our  domestic  debt,  offers  to  have 
our  loan  of  a  million  of  guilders  (of  which  six  hundred  and  twenty- 
two  thousand  eight  hundred  and  forty  are  still  unfilled)  immediately 
made  up,  on  condition  that  he  may  retain  thereout  one  hundred  and 
eighty  thousand  guilders,  being  one  year's  interest  on  his  certificates, 
allowing  a  deduction  of  ten  per  cent,  from  his  said  interest,  as  a 
compensation  for  his  receiving  it  in  Amsterdam  instead  of  America, 
and  not  pretending  that  this  shall  give  him  any  title  to  ask  any 
payment  of  future  interest  in  Europe.  They  observe  that  this  will 
enable  them  to  face  the  demands  of  Dutch  interest  till  the  1st  of 
June,  1789,  pay  the  ])rincipal  of  Fiseaux's  debt,  and  supply  the 
current  expenses  of  your  legation  in  Europe.  On  these  points  it  is 
for  you  to  decide.  1  will  only  take  the  liberty  to  observe,  that  if 
thoy  shall  receive  your  acceptance  of  the  proposition,  some  days' 
credit  will  still  be  to  be  given  for  producing  the  cash,  and  that  this 
must  be  produced  fifteen  days  before  it  is  wanting,  because  that 


DIPLOMATIC  CORRESPONDENCE.  ]43 

much  previous  notice  is  always  given  to  the  creditors  that  their 
money  is  ready.  It  is,  therefore,  but  three  months  from  this  day 
before  your  answer  should  be  in  Amsterdam.  It  might  answer  a 
useful  purpose,  also,  could  I  receive  a  communication  of  that  answer 
ten  days  earlier  than  they.  The  same  stagnation  attending  our 
passage  from  the  old  to  the  new  form  of  Government,  which  stops 
the  feeble  channel  of  money  hitherto  flowing  towards  our  Treasury, 
has  suspended  also  what  foreign  credit  we  had.  So  that  at  this 
moment  we.  may  consider  the  progress  of  our  loan  as  stopped. 
Though  much  an  enemy  to  the  system  of  borrowing,  yet  I  feel 
strongly  the  necessity  of  preserving  the  power  to  borrow.  Without 
this  we  might  be  overwhelmed  by  another  nation  merely  by  the 
force  of  its  credit.  However,  you  can  best  judge  whether  the 
payment  of  a  single  year's  interest  on  Stanitski's  certificates  in 
Europe  instead  of  America  may  be  more  injurious  to  us  than  the 
shock  of  our  credit  in  Amsterdam  which  may  be  produced  by  a 
failure  to  pay  our  interest. 

I  have  only  to  offer  any  services  which  I  can  render  in  this 
business,  either  here  or  by  going  to  Holland,  at  a  moment's  warning, 
if  that  should  be  necessar}% 

I  have  the  honor  to  be,  &c.,  TH:  JEFFERSON. 


FROM  THOMAS  JEFFERSON  TO  JOHN  ADAMS. 

Paris,  March  2,  1788— Sunday. 

Dear  Sir, 
I  received,  this  day,  a  letter  from  Mrs.  Adams,  of  the  26th  ultimo, 
informing  me  you  would  set  out,  on  the  29th,  for  the  Hague. 
Our  affairs  at  Amsterdam  press  on  my  mind  like  a  mountain.  1 
have  no  information  to  go  on  but  that  of  Willinks  and  Van  Staphorsts, 
and  according  to  that  something  seems  necessary  to  be  done.  1  am 
so  anxious  to  confer  with  you  on  this  subject,  and  to  see  you  and 
them  together,  and  get  some  effectual  arrangement  made  in  time, 
that  I  determine  to  meet  you  at  the  Hague.  I  will  set  out  the 
moment  some  repairs  are  made  to  my  carriage ;  it  is  promised  me  at 
three  o'clock  to-morrow ;  but  probably  they  will  make  it  night,  and 
that  I  may  not  set  out  till  Tuesday  morning.     In  that  case  I  shall 


]  44  THOMAS  JEFFERSON— JOHN  JAY. 

be  at  the  Hague  on  Friday  night ;  in  the  mean  time  you  will  per- 
haps have  made  all  your  bows  there.  I  am  sensible  how  irksome 
this  must  be  to  you  in  the  moment  of  your  departure.  But  it  is  a 
great  interest  of  the  United  States  which  is  at  stake,  and  I  am  sure 
you  will  sacrifice  to  that  your  feelings  and  your  interest.  I  hope  to 
shake  you  by  the  hand,  within  twenty-four  hours  after  you  receive 
this ;  and  in  the  mean  time, 

I  am,  with  much  esteem,  &c.,  TH :  JEFFERSOx\. 


FROM   JOHN   JAY   TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  June  9,  1788. 

Dear  Sir, 

Since  the  date  of  my  last,  viz,  the  16th  ultimo,  I  have  been 
honored  with  yours  of  the  13th  and  16th  March,  with  the  papers 
which  were  enclosed  in  the  last.  They  were  inmiediately  communi- 
cated to  Congress,  and  the  latter  referred  to  a  conmiittee,  who  not 
having  as  yet  reported,  it  is  not  in  my  power  to  say  what  Congress 
may  probably  think  proper  to  do  or  order  relative  to  the  subject 
of  it. 

You  will  herewith  receive  two  letters  from  Congress  to  his  most 
Christian  iMajesty,  together  with  copies  of  them  for  your  information. 
You  will  also  find  enclosed  copies  from  No.  1  to  20  inclusive,  of 
papers  respecting  the  claims  of  Francis  Cazeau ;  which  it  is  deemed 
expedient  to  transmit,  in  consequence  of  the  information  communi- 
cated in  Mr.  Short's  letter  to  me  of  the  18th  JNIarch  last;  copies  of 
an  act  of  Congress  of  the  2d  June  instant,  respecting  de  la  Landa 
and  Fynje ;  and  of  an  act  of  the  3d  instant,  forming  Kentucky  into 
an  independent  State,  will  likewise  be  enclosed. 

13y  the  newspapers,  herewith  sent,  you  will  perceive  that  Soutli 
Carolina  has  adopted  the  pro|)osed  Constitution.  The  convention 
of  tiiis  Slate  will  convene  on. Tuesday  at  l^oughkcepsie ;  and  as  this 
ciiy  and  ((junty  has  elected  me  one  of  their  deputies  to  it,  I  shall  be 
absent  fnjui  hence  until  it  rises.  There  is  reason  to  believe  that  the 
majority  of  this  convention  are  decididly  opposed  to  the  Constitution  ; 
so  that  wiiether  they  will  venture  to  rej<*ct  it,  or  whether  they  will 
adjourn  and  postpone  a  decision  on  it,  is  uncertain. 


DIPLOMATIC  CORRESPONDENCE.  I45 

Accounts  from  Virginia  and  New  Hampshire  render  it  probable 
that  those  States  will  adopt  it ;  and  if  so,  it  may  be  presumed  that 
North  Carolina,  and  even  this  State,  will  follow  the  example. 

Being  exceedingly  engaged  in  despatching  a  variety  of  matters, 
preparatory  to  my  going  out  of  town,  I  must  postpone  the  pleasure 
of  writing  to  ^Nlr.  Short  by  this  opportunity. 

With  great  and  sincere  esteem  and  regard,  I  am,  he, 

JOHN  JAY. 


FROM    THOMAS    JEFFERSON    TO    C.    W.    F.    DUMAS. 

Amsterdam,  March  29,  1788. 

Sir, 
I  have  now  to  acknowledge  the  receipt  of  your  favors  of  the  14th, 
15th,  and  23d  instant.  I  would  have  preferred  doing  it  in  person, 
but  the  season,  and  the  desire  of  seeing  what  I  have  not  yet  seen, 
invite  me  to  take  the  route  of  the  Rhine.  I  shall  leave  this  place 
to-morrow  morning,  and  probably  not  reach  Paris  till  the  latter  end 
of  April.  Li  the  moment  we  were  to  have  conferred  on  the  subject 
of  paying  the  arrears  due  to  you,  a  letter  of  the  20th  of  February 
from  the  Board  of  Treasury  was  received,  forbidding  the  application 
of  money  to  any  purpose  (except  our  current  claims)  till  the  June 
interest  should  be  actually  in  hand.  Being  by  the  letter  tied  up 
fi"om  giving  an  order  in  your  favor,  I  return  you  tlie  letter  you  had 
written  to  IVIr.  Jay,  on  the  supposition  that  the  order  for  your  arrears 
was  given.  It  has  been  suggested,  however,  that  if  you  could 
receive  bonds  of  the  loan,  you  could  make  them  answer  your 
purpose,  and  the  Commissioners  say  this  would  hi  no  wise  interfere 
with  the  views  of  the  Treasury  Board,  nor  the  provision  for  the 
June  interest.  I  have,  therefore,  recommended  to  them  in  writing 
to  give  you  bonds  to  the  amount  of  your  balance,  if  you  choose  to 
take  them  rather  than  to  wait.  1  wish  this  may  answer  your 
purpose.  I  remember  that  in  the  conversation  which  I  had  the 
honor  of  having  with  you  on  the  evening  I  was  at  the  Hague,  you 
said  that  your  enemies  had  endeavored  to  have  it  believed  that 
Congress  would  abandon  you,  and  withdraw  your  appouitments. 
An  enemy  generally  says  and  believes  what  he  wishes,  and  your 
enemies,  particularly,  are  not  those  who  arc  most  in  the  councils  of 
Vol.  U.— 10 


146  THOMAS  JEFFERSON— JOHN  JAY. 

Congress,  nor  the  best  qualified  to  tell  what  Congress  will  do.  From 
the  evidences  you  have  received  of  their  approbation,  and  from  their 
well  known  steadiness  and  justice,  you  must  be  assured  of  a  contin- 
uance of  their  favor,  were  they  to  continue  under  the  present  form. 
Nor  do  I  see  anything  in  the  new  Government  which  threatens  us 
with  less  firmness.  The  Senate,  who  will  make  and  remove  their 
foreign  officers  must,  from  its  constitution,  be  a  wise  and  steady  body. 
JVor  would  a  new  Government  begin  its  administration  by  discarding 
old  servants,  servants  who  have  put  all  to  the  risk,  and  when  the 
risk  was  great  to  obtain  that  freedom  and  security  under  which 
themselves  will  be  what  they  shall  be.  Upon  the  whole,  my  dear 
sir,  tranquillize  yourself  and  your  family  on  this  subject.  All  the 
evidence  which  exists  as  yet  authorizes  you  to  do  this,  nor  can  I 
foresee  any  cause  of  disquiet  in  future. 

That  none  may  arise,  that  yourself  and  family  may  enjoy  health, 
happiness,  and  the  continued  approbation  of  those  by  whom  you  wish 
most  to  be  approved,  is  the  sincere  wish  of  him,  who  has  the  honor 

to  be,  Sic, 

TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    COMMISSIONERS    OF    THE    TREASURY. 

Amsterdam,  March  29,  1788. 
Gentlemen, 

I  cannot  close  my  letter  without  some  observations  on  the  transfer  of 
our  domestic  debt  to  foreigners.  This  circumstance,  and  the  failure 
to  pay  off  Fiseaux's  loan,  were  the  sole  cause  of  the  stagnation  of 
our  late  loan.  For  otherwise,  our  credit  would  have  stood  on  more 
hopeful  grounds  than  heretofore.  Tiierc  was  a  condition  in  the  last 
loan  that  the  Icrulrrs  furnishing  on(;  third  of  the  money,  the  remaining 
two  thirds  of  the  bonds  should  remain  ci^htfcn  months  unsold,  and 
at  their  option  to  take  or  not,  and  thai  in  the  nu-antinie  the  same 
bankers  .should  ojx'n  no  other  loan  for  us.  These  same  lenders 
became  purchasers  of  our  domestic  debt,  and  they  were  disposed  to 
avail  themselves  of  the  power  they  had  thus  acquired  over  us  as  to 
our  foreign  demands  to  make  us  pay  the  domestic  one.     Should  the 


DIPLOMATIC  CORRESPONDENCE.  I47 

present  necessities  have  obliged  you  to  comply  with  their  proposition 
for  the  present  year,  I  should  be  of  opinion  it  ought  to  be  the  last 
instance.  If  the  transfer  of  these  debts  to  Europe  meet  with  any 
encouragement  from  us,  we  can  no  more  borrow  money  here,  let  our 
necessities  be  what  they  will.  For  who  will  give  ninety-six  per  cent, 
for  the  foreign  obligation  of  the  same  nation,  whose  domestic  ones 
can  be  bought  at  the  same  market  for  fifty-five  per  cent. ;  the  former, 
too,  bearing  an  interest  of  only  five  per  cent.,  while  the  latter  yields 
six.  If  any  discouragements  can  be  honestly  thrown  on  this  transfer, 
it  would  seem  advisable,  in  order  to  keep  the  domestic  debt  at 
home.  It  would  be  a  very  effectual  one,  if,  instead  of  the  title 
existing  in  our  Treasury  books  alone,  it  was  made  to  exist  in  loose 
papers  as  our  loan  office  debts  do.  The  European  holder  would 
then  be  obliged  to  risk  the  title  paper  of  his  capital  as  well  as  his 
interest,  in  the  hand  of  his  agent  in  America,  whenever  the  interest 
was  to  be  demanded ;  whereas,  at  present,  he  trusts  him  with  the 
interest  only.  This  single  circumstance  would  put  a  total  stop  to 
all  future  sales  of  domestic  debt  at  this  market.  Whether  this  or 
any  other  obstruction  can  or  should  be  thrown  in  the  way  of  these 
operations,  is  not  for  me  to  decide ;  but  I  have  thought  the  subject 
worthy  your  consideration. 

I  have  the  honor  to  be,  &;c.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON   TO    JOHN   JAY. 

Paris,  May  4,  1788. 

Sir, 
I  had  the  honor  of  addressing  you  in  two  letters  of  the  13th  and 
and  IGth  of  March,  from  Amsterdam,  and  have  since  received  Mr. 
Remsen's  of  February  20th.  I  staid  at  Amsterdam  about  ten  or 
twelve  days  after  the  departure  of  Mr.  Adams,  in  hopes  of  seeing 
the  million  of  the  last  year  filled  up.  This,  however,  could  not  be 
accomplished  on  the  spot ;  but  the  prospect  was  so  good  as  to  have 
dissipated  all  fear ;  and  since  my  return  here  I  learn  (not  officially 
from  our  bankers,  but  through  a  good  channel)  that  they  have  received 
over  four  hundred  thousand  florins  since  the  date  of  the  statement  I 
sent  you  in  my  letter  of  IMarch  IClh,  and  I  presume  wc  need  not 


148  THOMAS  JEFFERSON- JOHN  JAY. 

fear  the  completion  of  that  loan,  which  shall  provide  for  all  our  pur- 
poses of  the  year  1788,  as  stated  in  that  paper.  I  hope,  therefore, 
10  receive  from  the  Treasur)'  orders  in  confomiity  thereto,  that  I  may 
be  able  to  proceed  to  the  redemption  of  our  captives.  The  provision 
for  the  purposes  of  the  year  1789  and  1790,  as  stated  in  the  same 
paper,  will  depend  on  the  ratification  by  Congress  of  Mr.  Adams's 
bonds  of  this  year  for  another  million  of  florins.  But  there  arises  a 
new  call  from  this  Government  for  its  interest  at  least.  Their  silence 
hitherto  has  made  it  to  be  believed  in  general  that  they  consented  to 
the  non-payment  of  our  interest  to  them  in  order  to  accommodate  us. 
You  will  perceive  in  the  fifteenth  and  sixteenth  pages  of  the  comjpie 
rendu,  which  I  have  the  honor  to  send  you,  that  they  call  for  the 
interest,  and  will  publish  it  whether  it  be  paid  or  not ;  and  by  number 
twenty-five,  page  eighty-one,  that  they  count  on  its  regular  receipt 
for  the  purposes  of  the  year.  These  calls  for  the  first  day  of  January, 
1789  and  1790,  will  amount  to  about  a  million  and  a  half  of  florins 
more,  and,  if  to  be  raised  by  loan,  it  must  be  for  two  millions,  as 
well  to  cover  the  expenses  of  the  loan  as  that  loans  are  not  opened 
for  fractions  of  millions.  This  publication  seems  to  render  a  provision 
for  this  interest  as  necessary  as  for  that  of  Amsterdam. 

I  had  taken  measures  to  have  it  believed  at  Algiers  that  our  Gov- 
ernment witlidrew  its  attention  from  our  captives  tlierc.  This  was 
to  prepare  their  captors  for  the  ransoming  them  at  a  reasonable  price. 
1  find,  however,  that  Captain  O'Bryen  is  apprized  that  1  have  received 
some  authority  on  this  subject.  He  writes  me  a  cruel  letter,  supposing 
me  the  obstacle  to  their  redemption.  Their  own  interest  requires 
that  1  should  leave  them  to  think  thus  hardly  of  me.  Were  the 
views  of  Government  communicated  to  them  they  could  not  keep 
their  own  secret,  and  such  a  price  would  be  demanded  for  them  as 
Congress  probably  would  think  ought  not  to  be  given,  lest  it  should 
be  the  cause  of  involving  thousands  of  others  of  their  citizens  in  the 
same  rondilion.  'VUa  moment  1  liave  iiu;ney  the  business  shall  be 
set  in  motion. 

JJy  a  letter  from  .Joseph  C'hiappe,  our  agent  at  INIogadore,  I  am 
notified  of  a  declaration  of  the  l>iiiper()r  of  Morocco,  that  if  tlie 
Stales  Genenil  of  ihi-  Ignited  IVetherlands  do  not,  before  the  month 
of  May,  send  him  an  Ambassador  to  let  him  know  whether  it  is  war 
or  pf»are  between  tliein,  he  will  send  one  to  them  with  five  frigates, 
and  that  if  tlieir  dispositions  be  unfavorable  these  frigates  shall  pro- 


DIPLOMATIC  CORRESPONDENCE.  I49 

ceed  to  America  to  make  prizes  on  the  Dutch  and  to  sell  them  there. 
It  seems  to  depend  on  the  Dutch,  therefore,  whether  the  Barbary 
Powers  shall  learn  the  way  to  our  coast,  and  whether  we  shall  have 
to  decide  the  question  of  the  legality  of  selling  in  our  ports  vessels 
taken  from  them. 

I  had  informed  you  in  a  fonner  letter  of  the  declaration  made  by 
the  Court  of  Spain  to  that  of  London,  relative  to  its  naval  annament, 
and  also  of  the  declaration  of  the  Count  de  Montmorin  to  the  Russian 
Minister  here  on  the  same  subject.  I  have  good  information  that  the 
Court  of  Spain  has  itself  made  a  similar  and  formal  declaration  to 
the  Minister  of  Russia  at  Madi'id.  So  that  Russia  is  satisfied  she  is 
not  the  object.  I  doubt  whether  the  English  are  equally  satisfied  as 
to  themselves.  The  season  has  hitherto  prevented  any  remarkable 
operations  between  the  Turks  and  the  two  Empires.  The  war, 
however,  will  probably  go  on,  and  the  season  now  admits  of  more 
important  events.  The  Empress  has  engaged  Commodore  Paul 
Jones  in  her  service.  He  is  to  have  the  rank  of  Rear-Admural  with 
a  separate  command,  and  it  is  understood  that  he  is  in  no  case  to  be 
commanded.  He  will  probably  be  opposed  to  the  Captain  Pacha  on 
the  Black  Sea.  He  received  this  invitation  at  Copenhagen,  and  as 
the  season  for  commencing  the  campaign  was  too  near  to  admit  time 
for  him  to  ask  and  await  the  permission  of  Congress,  he  accepted 
the  offer,  only  stipulating  that  he  should  be  always  free  to  return  to 
the  orders  of  Congress  whenever  called  for,  and  that  he  should  in  no 
case  be  expected  to  bear  arms  against  France.  He  conceived  that 
the  experience  he  should  gain  would  enable  him  to  be  more  useful  to 
the  United  States,  should  they  ever  have  occasion  for  him.  It  has 
been  understood  that  Congress  had  had  it  in  contemplation  to  give 
him  the  grade  of  Rear-Admiral  from  the  date  of  the  action  of  the 
Serapis,  and  it  is  supposed  that  such  a  mark  of  their  approbation 
would  have  a  favorable  influence  on  his  fortune  in  the  North.  Copies 
of  the  letters  which  passed  between  him  and  the  Danish  Minister  are 
herewith  transmitted.  I  shall  immediately  represent  to  Count  Bem- 
storff  that  the  demand  for  our  prizes  can  have  no  connexion  with  a 
treaty  of  commerce ;  that  there  is  no  reason  why  the  claims  of  our 
seamen  should  await  so  distant  and  uncertain  an  event,  and  press  the 
settlement  of  this  claim. 

This  country  still  pursues  its  line  of  peace.  The  ISIinistry  seem 
now  all  united  in  it;  some  from  a  belief  of  their  inability  to  carry 


150  THOMAS  JEFFERSON— JOHN  JAY. 

on  a  war,  others  from  a  desire  to  arrange  their  mternal  affairs  and 
iinprove  their  constitution.  Tlie  differences  between  the  King  and 
Parhament  threaten  a  serious  issue ;  many  symptoms  indicate  that 
the  Government  has  in  contemplation  some  act  of  highhanded 
authority.  An  extra  number  of  printers  have  for  several  days  been 
employed,  the  apartment  wherein  they  are  at  work  being  surrounded 
by  a  body  of  guards,  who  permit  nobody  to  come  out  or  go  in.  The 
commanders  of  the  provinces,  civil  and  military,  have  been  ordered 
to  be  at  their  stations  in  a  certain  day  of  the  ensuing  week.  They 
are  accordingly  gone,  so  that  the  will  of  the  King  is  probably  to  be 
announced  tlirough  the  whole  kingdom  on  the  same  day.  The 
Parliament  of  Paris,  apprehending  that  some  innovation  is  to  be 
attempted,  which  may  take  from  them  the  opportunity  of  deciding 
on  it  after  it  shall  be  made  known,  came  last  night  to  the  resolution 
of  which  I  have  the  honor  to  enclose  a  manuscript  copy.  This  you 
will  perceive  to  be  in  effect  a  declaration  of  rights. 

I  am  obliged  to  close  here  the  present  letter,  lest  I  should  miss 
the  opportunity  of  conveying  it  by  a  passenger  who  is  to  call  for  it. 
Should  the  delay  of  the  packet  admit  any  continuation  of  these 
details,  they  shall  be  the  subject  of  another  letter  to  be  for^varded  by 
post. 

The  gazettes  of  Leyden  and  France  accompany  this. 

I  have  the  honor  to  be,  &tc., 

Til:  JEFFERSON. 


Translation. 
DcLt  of  the  United  States  comprehended  in  the  following  charges  : 

1.  A  loan  (jf  eighteen  million,  rcimhursabli^  in  twelve  years, 
reckoning  from  1787,  at  the  rate  of  fificcn  hundred  thousand  livres 
per  annum,  with  interest  at  five  per  rent. 

2.  A  loan  of  ten  millions  made  in  Holland,  reimbursable  in  ten 
years,  at  the  rate  of  one  million  per  annum,  reckoning  from  1787, 
with  interest  at  four  per  cent. 

3.  A  loan  of  six  millions,  reimbursable  in  six  years,  at  the  rate  of 
one  million  per  annum,  reckoning  from  1787,  with  interest  of  five 
per  cent. 


DIPLOMATIC  CORRESPONDENCE. 


151 


Progression  of  the  payment  of  arrearages  and  reimbursements  of 

the  capital. 


Years  of  reimbursement. 


Capitals  of  the 
tnrce  charges 
according  to 
the  fixed  pe- 
riods. 


Interest  of  said 
capitals  ac- 
cording to  the 
fixed  periods. 


General  total 
per  annum. 


1737 

1788 

1780 

1790 

1791 

1792 

1793 

1794 

1795 

179G 

1797 

1798 

1799 

1800 

1801 

1802 

Livrcs 


Livrcs. 

2,.500,000 

2,500,000 

2,500,000 

2,500,000 

2,500,000 

2,.500,000 

2,500,000 

2,500,000 

2,500,000 

2,500,000 

2,500,000 

2,500,000 

1,000,000 

1,000,000 

1,000,000 

1,000,000 


Livrcs. 

1,600,000 

1,485,000 

1,370,000 

1,255,000 

1,140,000 

1,025,000 

910,000 

795,000 

680,000 

505,000 

450,000 

325,000 

200,000 

150,000 

100,000 

50,000 


Livros. 

4,100,000 

3,985,000 

3,870,000 

3,755,000 

3,040,000 

3,525,000 

3,410,000 

3,295,000 

3,180,000 

3,005,000 

2,950,000 

2,825,000 

1,200,000 

1,150,000 

1,100,000 

1,050,000 


34,000,000 


12,100,000 


46,100,000 


Seen  and  verified  by  desire,  and  in  execution  of  the  arret  of 
Council  of  the  loth  February,  1788,  by  us,  the  commissaries 
appointed  by  the  said  arret,  and  acknowledged  conformable  to  the 
contract  passed  between  the  King  and  the  thirteen  United  States  of 
North  America,  the  25th  February,  1783. 

At  Paris,  tlxis  loth  March,  1788. 

SAINT  AMAND, 
BARON  DE  SALVERTE, 
DIDELOT. 

The  first  reimbursement  was  to  have  taken  place  in  1787 ;  it  has 
not  yet  been  made.  Until  this  was  done  it  was  thought  proper  only 
to  carry  into  the  receipts  the  interest  of  the  advances  made  to  the 
United  States  of  America. 

This  interest  amounts  to  one  million  six  hundred  thousand  li\Tes. 
Account  will  be  annually  rendered  of  what  shall  have  been  paid,  as 
well  in  capital  as  interest. 


Objects  of  receipts. 

Products. 

Deductions 

Net  rrninins  in  the 
Royal  Treasury. 

Xo.  25 

Debt  of  the  U.  S.  of  America, 

1,600,000 

15-2  THOMAS  JEFFERSON- JOHN  JAY 

FROM    JOHN    PAUL    JONES    TO    COUNT    DE    BERN^TORFF. 

Copenhagen,  March  24,  1788. 
Sir, 

From  the  act*  of  CoriL^ress  I  had  the  honor  to  shew  your  Excel- 
lency the  24th  of  this  month,  as  well  as  from  the  conversation  which 
followed,  you  must  be  convinced  that  circumstances  do  not  permit 
me  to  remain  here ;  but  that  I  am  under  a  necessity  either  to  return  to 
France  or  proceed  to  Russia.  As  the  Minister  of  the  United  States 
at  Paris  gave  me  the  perusal  of  the  packet  he  wrote  by  me,  an^ 
which  I  had  the  honor  to  present  to  you  on  my  arrival  here,  it  is 
needless  to  go  into  any  detail  on  the  object  of  my  mission  to  this 
Court,  which  Mr.  Jefferson  has  particularly  explained.  The  promise 
you  have  given  me  of  a  prompt  and  explicit  decision  from  this 
Court  on  the  act  of  Congress  of  the  25th  October  last,  inspires  me 
with  full  confidence.  I  have  been  very  particular  in  communicating 
to  the  United  States  all  the  polite  attentions  with  which  I  have 
been  honored  at  this  Court ;  and  they  will  learn  with  great  pleasure 
the  Ivind  reception  I  had  from  you.  I  felicitate  myself  on  being  the 
instrument  to  settle  the  delicate  national  business  in  question  with  a 
Minister  who  conciliates  the  views  of  a  wise  statesman  with  the 
noljlc  sentiments  and  cultivated  mind  of  the  true  philosopher  and 
man  of  letters. 

1  have  the  honor  to  be,  he,  PAUL  JOJXES. 


FROM    JOHN    I'AUL    JONES    TO    COUNT    DE    HERNSTORFF. 

Copenhagen,  Marcli  30,  1788. 

Sir, 
Your  silence  on  the  suljjert  of  my  mission  from  the  United  Slates 
lo  thi-i  Court  lca\<'s  iiii'  in  (hi-  iiio^l  piiinful  suspense,  the  more,  so,  as 
I  have  made  your  Excellency  acquainted  \si(h  the  j)romise  I  am 
under  lo  j)roci;ed,  as  soon  as  possible,  lo  St.  l*etersburgh.  This 
being  the  ninlii  year  since  the  three  prizes  reclaimed  by  the  United 
States  were  seized  uj)ou  iu  the  port  of  JJergi-n,  in  Norway,  it  is  to 
be  presumed  that  this  Court  has  long  since  taken  an  ultimate  resolu- 
tion respecting  thi;  cuiiipensalion  demanded  by  Congress. 


"An  act  presenting  liim  with  a  gold  medal. 


DIPLOMATIC  CORRESPONDENCE.  I53 

Though  I  am  extremely  sensible  of  the  favorable  reception  w  ith 
which  I  have  been  distinguished  at  this  Court,  and  am  particularly- 
flattered  by  the  polite  attention  with  which  you  have  honored  me  at 
every  conference,  yet  I  have  remarked  with  great  concern  that  you 
have  never  led  the  conversation  to  the  object  of  my  npiission  here.  A 
man  of  your  liberal  sentiments  will  not,  therefore,  be  surprised  or 
offended  at  my  plain  dealing  when  I  repeat  that  I  impatiently  expect 
a  prompt  and  categorical  answer  in  writing  from  this  Court  to  the  act 
of  Congress  of  the  25th  of  October  last.  Both  my  duty  and  the 
circumstances  of  my  situation  constrain  me  to  make  this  demand  in 
the  name  of  my  sovereign,  the  United  States.  But  I  beseech  you 
to  believe  that  though  I  am  extremely  tenacious  of  the  honor  of  the 
American  flag,  yet  my  personal  interest  in  the  decision  I  now  ask 
would  never  have  induced  me  to  present  myself  at  this  Court.  You 
are  too  just,  sir,  to  delay  ray  business  here,  which  would  put  me 
under  the  necessity  to  break  the  promise  1  have  made  to  her  Lnperial 
Majesty,  conformable  to  your  advice. 

I  have  the  honor  to  be,  &;c.,  PAUL  JONES. 


FROM   JOHN    PAUL    JONES    TO    THE    COUNT    DE    BERNSTORFF. 

Copenhagen,  April  5,  1788. 
Sir, 

I  pray  your  Excellency  to  inform  me  when  I  can  have  the  honor 
to  \\'ait  on  you,  to  receive  the  letter  you  have  been  kind  enough  to 
promise  to  write  to  me  in  answer  to  the  act  of  Congress  of  25th 
October  last.  As  you  have  told  me  that  my  want  of  Plenipotentiary 
powers  to  terminate  ultimately  the  business  now  on  the  carpet 
between  this  Court  and  tlie  United  States,  has  determined  you  to 
authorize  the  Baron  de  Blome  to  negotiate  and  settle  the  same  N\ith 
Mr.  Jefferson  at  Paris,  and  to  conclude  at  the  same  time  an  advan- 
tageous treaty  of  commerce  between  Denmark  and  the  United  States, 
my  business  here  will,  of  course,  be  at  an  end  when  I  shall  have 
received  your  letter,  and  paid  you  my  thanks  in  person  for  the  very 
polite  attentions  with  which  you  have  honored  me. 

I  have  the  honor  to  be,  Sec,  PAUL  JONES. 

N.  B.  After  the  above  letter  had  been  delivered  to  the  INIinister, 
the  subsequent  answer  was  received  from  his  Excellency. 


154  THOMAS  JEFFERSON— JOHN  JAY. 

FROM    THE    COUNT    DE    BERNSTORFF    TO    JOHN    PAUL    JONES. 

Translation. 

Sir, 

You  have  requested  me  to  answer  the  letter  which  you  did  me 
the  honor  to  deliver  on  the  part  of  INIr.  Jefferson,  INIinister  Plenipo- 
tentiary of  the  United  States  to  his  most  Christian  INIajesty.  I  do 
this  with  so  much  the  more  pleasure,  inasmuch  as  you  have  inspired 
me  with  confidence  and  an  equal  regard  for  your  interest,  and  as  * 
this  opportunity  appears  very  fortunate  and  favorable  to  deliver  the 
sentiments  of  the  King,  my  master,  concerning  certain  points  which 
we  consider  as  very  important.  Nothing  can  be  more  distant  from 
the  plan  and  wishes  of  his  INIajesty  than  the  intentions  of  abandoning 
a  negotiation,  which  has  only  been  suspended  by  a  train  of  circum- 
stances naturally  brought  on  through  the  necessity  of  allowing  a  new 
situation  to  be  matured,  of  obtaining  information  concerning  reciprocal 
interests,  and  of  avoiding  the  inconveniences  of  a  precipitate  and 
imperfect  arrangement.  I  am  authorized,  sir,  to  give  you  and  through 
you  to  Mr.  Jefferson,  the  Kmg's  word  that  his  Majesty  will  renew 
the  negotiation  for  a  treaty  of  amity  and  commerce,  and  that  in  the 
forms  already  agreed  on,  as  soon  as  the  new  Constitution  (that 
admirable  plan  so  becoming  the  wisdom  of  the  most  enlightened  men) 
shall  be  adopted  by  a  State  which  rcquu'es  nothing  but  that  to  secure 
it  perfect  respect. 

a  it  has  not  been  possible,  sir,  to  discuss  with  you  definitively, 
neither  the  principal  nor  secondary"  objects,  the  idea  of  eluding  the 
question  or  delaying  the  decision  was  the  last  reason.  I  have  already 
had  the  honor  of  informing  you  in  our  conversation,  that  a  want  of 
full  powers  from  Congress  themselves  occasion  a  natural  and  invin- 
cible objection.  It  would,  moreover,  be  improper  and  contrary  to 
all  received  usages  to  change  the  place  of  a  negotiation  whicii, 
without  being  broken,  has  only  been  suspended,  and  to  transfer  it 
from  Paris  to  Copenhagen. 

1  have  but  onu  n(iutst  to  make  you,  sir,  which  is  that  you  will  be 
pleased  to  become  tin;  interpreter  of  our  scntiinenls  respecting  the 
United  States  of  America.  It  would  be  very  agreeable  to  inc  to 
hope  that  wliidi  J  have  said  to  you  on  this  subject  has  carried  with 
it  that  conviction  whirli  tlic  tnilli  of  what  I  have  advanced  merits. 
Wc  ardently  desu'e  to  form  willi  llieui  a  solid  and  useful  connexion; 


DIPLOMATIC  CORRESPONDENCE.  I55 

we  wish  to  establish  it  on  a  natural  and  a  certain  basis.  The 
momentary  clouds,  the  uncertainty  which  the  misfortune  of  the 
times  brought  with  them  no  longer  exist.  They  are  no  more  to  be 
recollected ;  but  as  they  may  serv'C  to  show  more  sensibly  the  bless- 
ings of  a  more  happy  epoch,  and  to  testify  an  eagerness  of  evincing 
the  most  proper  dispositions  to  reunite  and  procure  reciprocally  those 
advantages  which  a  sincere  alliance  may  afford,  and  of  which  the  two 
countries  are  susceptible.  These  are  the  dispositions  which  I  can 
promise  you,  sir,  on  our  part ;  we  flatter  ourselves  to  find  them  the  same 
in  America,  when  nothing  shall  retard  the  conclusion  of  an  arrange- 
ment which  I  wish  to  consider  as  already  far  advanced. 

Allow  me  to  repeat  again    the    assurances   of  the    perfect    and 
distinguished  respect  with  which  I  have  the  honor  to  be,  he, 

BERNSTORFF. 


FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  May  23,  1788. 
Sir, 

When  I  wrote  my  letter  of  the  4th  instant,  I  had  no  reason  to 
doubt  that  a  packet  would  have  sailed  on  the  10th,  according  to  the 
established  order.  The  passengers  had  all,  except  one,  gone  down 
to  Ha\Te  in  this  expectation.  None,  however,  has  sailed,  and  per- 
haps none  will  sail,  as  I  think  the  suppression  of  the  packets  is  one 
of  the  economies  in  contemplation.  An  American  merchant,  con- 
cerned in  the  commerce  of  whale  oil,  proposes  to  Government  to 
despatch  his  ships  from  Havre  and  Boston,  at  stated  periods,  and  to 
take  on  board  the  French  courier  and  mail ;  and  the  proposition  has 
been  well  enough  received.  I  avail  myself  of  a  merchant  vessel 
going  from  Havre  to  write  the  present. 

In  my  letter  of  the  4th,  I  stated  to  you  the  symptoms  which 
indicated  that  Government  had  some  great  stroke  of  authority  in  con- 
templation. That  night  they  sent  guards  to  seize  M.  d'Epreniesnil 
and  M.  Goislard,  two  members  of  Parliament,  in  their  houses.  They 
escaped,  and  took  refuge  in  the  Palais,  (or  Parliament  House,)  tlie 
Parliament  assembled  itself  extraordinarily,  summoned  llie  Dukes 
and  Peers  especially,  and  came  to  the  resolution  of  the  5th,  Nvhich 
they  sent  to  Versailles  by  deputies,  determined  not  to  leave  the 
palace  until  they  received  an  answer.     Li  the  course  of  that  night,  a 


156  THOMAS  JEFFERSON— JOHN  JAY. 

battalion  of  guards  surrounded  the  house,  the  two  members  were 
taken  by  the  officer  from  among  their  fellows,  and  sent  off  to  prison, 
the  one  to  Lyons,  the  other,  (d'Epremesnil,)  the  most  obnoxious,  to 
an  island  in  the  Mediterranean.  The  Parliament  then  separated. 
On  the  8th,  a  bed  of  justice  was  held  at  Versailles,  wherein  were 
enregistered  the  six  ordinances  which  had  been  passed  in  council  on 
the  1st  of  May,  and  which  I  now  send  you.  They  were,  in  like 
manner,  registered  in  beds  of  justice,  on  the  same  day,  nearly  in  all 
the  Parliaments  of  the  Kingdom.  By  these  ordinances,  1st,  the 
criminal  law  is  reformed,  by  abolishing  examination  on  the  seUctte, 
which,  like  our  holding  up  the  hand  at  the  bar,  remained  a  Stigma 
on  the  party,  though  innocent ;  by  substituting  an  oath  instead  of 
torture,  on  the  question  prealabic,  which  is  used  after  condemnation, 
to  make  the  prisoner  discover  his  accomplices ;  (the  torture  abolii>hed 
in  1780  was  on  the  question  prcparatoire,  previous  to  judgment,  in 
order  to  make  the  prisoner  accuse  himself;)  by  allowing  counsel  to 
the  prisoner  for  his  defence,  obliging  the  judges  to  specify,  in  their 
judgments,  the  offence  for  ^vliich  they  are  condcnmed,  and  respiting 
execution  a  month,  except  in  the  case  of  sedition.  This  reformation 
is  unquestionably  good,  and  within  the  ordinary  legislative  powei"s  of 
the  Crown.  Tiiat  it  should  remain  to  be  made  at  this  day,  proves 
that  the  Monarch  is  the  last  person  in  his  Kingdom  who  yields  to 
tile  progress  of  j)hilantlir()j)y  and  civilization.  2d.  The  organization 
of  the  wiiole  judiciary  department  is  changed  by  the  institution  of 
subordinate  jurisdiction,  the  taking  from  the  Parliaments  the  cogni- 
zance of  all  causes  of  less  value  than  twenty  thousand  livres,  reducing 
the  numbers  to  about  a  fourth,  and  suppressing  a  number  of  spi^cial 
courts.  Even  this  would  be  a  great  improvement,  if  it  did  not  imply 
that  ihf  King  is  the  only  person  in  the  nation  \\\\o  has  any  rights  or 
any  power.  .'Jd.  The  right  of  registering  the  laws  is  taken  from  the 
Parliament  and  transferred  to  a  plenary  court  created  by  the  King. 
This  last  is  the  measure  most  obnoxious  to  all  ])ers()ns.  Though  the 
rneiribers  an;  to  be  for  life,  yet  the  great  proportion  of  them  are  from 
descrij)lions  of  men  always  candidates  for  the  royal  favor  in  other 
lines.  As  yet  the  general  consternation  is  not  yet  sufficiently  passed 
over  to  say  whether  the  matter  will  end  here.  I  send  you  some 
papers,  which  indicate  symptoms  of  resistance.  These  are  the  reso- 
lution f)f  tlu!  Noblesse  of  JJritaimy,  the  di'claration  of  the  Advocate 
General  of  Provence,   which   is  said   to  express   the   spirit   of  that 


DIPLOMATIC  CORRESPONDENCE.  I57 

province,  and  the  arret  of  the  Chatelet,  which  is  the  hustings  court 
of  the  city  of  Paris.  Their  refusal  to  act  under  the  new  cliaracter 
assigned  them,  and  the  suspension  of  their  principal  functions,  is  very 
embaiTassing.  The  clamors  this  will  excite,  and  the  disorders  it 
may  admit,  will  be  loud  and  near  to  the  royal  ear  and  person.  The 
parliamentary  fragments  permitted  to  remain  have  already,  some  of 
them,  refused,  and  probably  all  will  refuse,  to  act  under  that  form. 
The  Assembly  of  the  Clergy,  which  happens  to  be  sitting,  have 
addressed  the  King  to  call  the  States  General  immediately.  Of  the 
Dukes  and  Peers,  (diirty-eight  in  number,)  nearly  half  are  either 
minors  or  superanuatcd  ;  two  thirds  of  the  acting  half  seem  disposed 
to  avoid  taking  a  part ;  the  rest,  about  eight  or  nine,  have  refused, 
by  letters  to  the  King,  to  act  in  the  new  Courts.  A  proposition, 
executed  among  the  Dukes  and  Peers,  to  assemble  and  address  the 
King  for  a  modification  of  the  plenary  court,  seems  to  show  that  the 
Government  would  be  willing  to  compromise  on  that  head.  It  has 
been  prevented  by  the  Dukes  and  Peers  in  opposition,  because  they 
suppose  that  no  modification  to  be  made  by  the  Government  will 
give  to  that  body  the  form  they  desh'e,  which  is  that  of  a  representa 
tion  of  the  nation.  They  will  aim,  therefore,  at  an  immediate  call 
of  the  States  General.  They  foresee  that  if  the  Government  is 
forced  to  this,  they  will  call  them  as  nearly  as  they  can,  in  the 
ancient  fomis,  in  which  case  less  good  will  be  expected  from  them. 
But  they  hope  they  may  be  got  to  concur  in  a  declaration  of  rights, 
at  least ;  so  that  the  nation  may  be  acknowledged  to  have  some 
fundamental  rights  not  alterable  by  their  ordinary  Legislature,  and 
that  this  may  form  a  ground-work  for  future  improvements.  These 
seem  to  be  the  views  of  the  most  enlightened  and  disinterested  char- 
acters of  the  opposition.  But  they  may  be  frustrated  by  the  nations 
making  no  say  at  all,  or  by  a  hasty  and  premature  appeal  to  arms. 
There  is  neither  head  nor  body  in  the  nation  to  promise  a  successful 
opposition  to  two  hundred  thousand  regular  ti'oops.  Some  think  the 
army  could  not  be  depended  on  by  the  Government ;  but  the 
breaking  men  to  military  discipline  is  breaking  their  spirits  to  prin- 
ciples of  passive  obedience.  A  firm  but  quiet  opposition  \\\\\  be 
most  likely  to  succeed.  Whatever  turn  this  crisis  takes,  a  revolution 
in  their  Constitution  seems  inevitable,  unless  foreign  war  supervene 
to  suspend  the  present  contest ;  and  a  foreign  war  tlu^y  will  avoid  if 
possible,  from  an  inability  to  get  money.     The  loan  of  one  hundred 


158  THOMAS  JEFFERSOX-JOHN  JAY. 

and  twenty  millions  of  the  present  year  is  filled  up  by  such  subscrip- 
tions as  may  be  relied  on.  But  that  of  eighty  millions,  proposed  for 
the  next  year,  cannot  be  filled  up  in  the  actual  situation  of  things. 

The  Austrians  have  been  successful  in  an  attack  upon  Schabatz, 
intended  as  a  preliminary  to  that  of  Belgrane.  In  that  on  Dubitza, 
another  town  in  the  neighborhood  of  Belgrade,  they  have  been 
repulsed,  and  as  is  suspected,  with  considerable  loss.  It  is  still 
supposed  the  Russian  fleet  will  go  into  the  Mediterranean,  though  it 
will  be  much  retarded  by  the  refusal  of  the  English  Gcvemment  to 
permit  its  sailors  to  engage  in  the  voyage.  Sweden  and  Denmark 
are  arming  from  eight  to  twelve  ships  of  the  line  each.  The 
English  and  Dutch  treaty  you  will  find  in  the  Leyden  gazettes  of 
INIay  9th  and  13th  ;  that  between  England  and  Prussia  is  supposed 
to  be  stationary.  JVIonsieur  dc  St.  Priest,  the  Ambassador  from  this 
Court  to  the  Hague,  is  either  gone  or  on  the  point  of  going.  The 
Emperor  of  Morocco  has  declared  war  against  England.  I  enclose 
you  his  orders  in  our  favor  on  that  occasion.  England  sends  a 
squadron  to  the  Mediterranean  for  the  protection  of  her  commerce, 
and  she  is  reenforcing  her  possessions  in  the  two  Indies.  France  is 
expecting  the  arrival  of  an  embassy  from  Tippo  Saib,  is  sending 
some  regiments  to  the  East  Indies,  and  a  fleet  of  evolution  into  the 
Atlantic.  Seven  ships  of  the  line,  and  several  frigates,  sailed  from 
Cadiz  on  the  22d  April,  destined  to  perform  evolutions  ofi'  the 
Western  Islands,  as  the  Spaniards  say,  but  really  to  iheu"  American 
possessions,  as  is  suspected.  Thus  the  several  Powers  are,  by  little 
and  little,  taking  the  position  of  war,  without  any  immediate  intention 
of  waging  it.  But  that  the  present  ill  humor  will  finally  end  in  war, 
is  doubted  by  no  body. 

In  my  letter  of  February  5th  I  had  the  honor  of  informing  you  of 
the  discontent  produced  by  our  arret  of  December  29lh  among  the 
merchants  of  this  country,  and  the  dej)utations  from  the  Chambers 
of  Commerce  to  the  Minister  on  th;it  sulijici.  The  articles  attacked 
were  thfr  j)rivileges  on  the  sale  of  our  .shij)s  and  the  cntrrpot  for  cod- 
fish. The  former  I  knew  to  be  valuable;  the  latter  I  supposed  not 
so,  because  during  tht;  whole  of  the  lime  \\e  have  had  four  free  ports 
in  this  kin''dorM  we  have  never  used  them  for  the  smuiT'ding  of  fish. 
I  eoncluded,  therefore,  the  ports  of  entrepot  would  not  be  used  for 
that  purpose.  I  saw  the  Minister  would  sacrifice  something  to  quiet 
the  merchants,  and  was  glad  to  save  the  valuable  article  relative  to 


DIPLOMATIC  CORRESPONDENCE.  I59 

our  ships  by  abandoning  the  useless  one  for  our  cod-fish.  It  was 
settled,  therefore,  in  our  conferences  that  an  arret  should  be  passed 
abridging  the  former  one  only  as  to  the  entrepot  of  cod-fish.  I  was 
in  Holland  when  the  arret  came  out,  and  did  not  get  a  copy  of  it  till 
yesterday.  Surprised  to  find  that  fish  oil  was  thereby  excluded  from 
the  entrepot,  I  have  been  to-day  to  make  some  inquiry  into  the 
cause ;  and  from  what  I  can  learn  I  conclude  it  must  have  been  a 
mere  error  in  the  clerk  who  framed  the  arret,  and  it  escaped  attention 
on  its  passage.  The  entrepot  of  whale  oil  was  not  objected  to  by  a 
single  deputy  at  the  conferences,  and  the  excluding  it  is  contrary  to 
the  spirit  of  encouragement  the  ^Ministers  have  shown  a  disposition 
to  give.  I  trust,  therefore,  I  may  get  it  altered  on  the  first  occasion 
which  occurs,  and  I  believe  one  will  soon  occur.  In  the  meantime 
we  do  not  store  a  single  drop  for  reexportation,  as  all  which  comes 
here  is  needed  for  the  consumption  of  this  country,  which  will  alone, 
according  to  appearances,  become  so  considerable  as  to  require  all 
we  can  produce. 

By  a  letter  of  the  8th  instant  from  our  bankers,  I  learn  that  they 
had  disposed  of  bonds  enough  to  pay  our  June  interest,  and  to  replace 
the  temporary  advances  made  by  M.  Grand,  and  from  a  fund  placed 
here  by  the  State  of  Virginia.  I  have  desired  them  accordingly  to 
replace  these  moneys,  which  had  been  lent  for  the  moment  only,  and 
in  confidence  of  immediate  repayment.  They  add  that  the  payment 
of  the  June  interest  and  the  news  from  America  will,  as  they  tmst, 
enable  them  to  place  the  remaining  bonds  of  the  last  year's  million. 
I  suppose,  indeed,  that  there  is  no  doubt  of  it,  and  that  none  would 
have  been  expressed  if  those  two  houses  could  draw  better  together 
than  they  do.  In  the  meantime  I  hope  the  Treasury  Board  will 
send  an  order  for  as  much  as  may  be  necessary  for  executing  the 
purpose  of  Congress  as  to  our  captives  at  Algiers. 

I  send  you  herewith  a  memorial  of  jMonsieur  Caseaux,  whose 
name  is  familiar  on  the  Journals  of  Congress.  He  prepared  it  to  be 
delivered  to  the  King,  but  I  believe  he  will  think  better,  and  not 
deliver  it. 

The  gazettes  of  France  and  Leyden  accompany  this. 

I  have  the  honor  to  be,  fcc,  TH :  JEFFERSON. 

P.  S.  iMay  27th,  1788.  I  have  kept  my  letter  open  to  the 
moment  of  IMr.  Warville's  departure  (he  being  the  bearer  of  it)  that 


160  THOMAS  JEFFERSON— JOHN  JAY. 

I  might  add  any  new  incidents  that  should  occur.  The  refusal  of  the 
Chateht  and  Grande  Chamhrc  of  Paris,  to  act  in  the  new  character 
assigned  them,  continued.  Many  of  the  Grandcs  BaiUiages  accept, 
some  conditionally,  some  fully.  This  will  facilitate  greatly  tlie 
measures  of  Government,  and  may  possibly  give  them  a  favorable 
issue.  The  Parliament  of  Thoulouse,  considering  the  edicts  as 
nullities,  went  on  with  their  business.  They  have  been  exiled  in 
consequence.  Monsieur  de  St.  Priest  left  Paris  for  the  Hague  on 
the  23d.  I  mention  this  fact  because  it  denotes  the  acquiescence 
of  this  Government  in  the  late  revolution  there.  A  second  division 
of  the  Spanish  fleet  will  put  to  sea  soon,  its  destination  not  declared. 
Sweden  is  arming  to  a  greater  extent  than  was  at  first  supposed. 
From  twelve  to  sixteen  sail  of  the  line  are  spoken  of  on  good  grounds. 
Denmark,  for  her  own  security,  must  arm  in  proportion  to  this. 

T.J. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

(Private.) 

Paris,  May  27,  1788. 
Sir, 

Tiie  cliange  which  is  likely  to  take  place  in  the  form  of  our  Gov- 
ernment, seems  to  render  it  proper  that  during  the  existence  of  the 
present  Government,  an  article  should  be  mentioned  which  concerns 
me  personally.  Uncertain,  however,  how  far  Congress  may  have 
decided  to  do  business  when  so  near  the  close  of  their  administration  ; 
less  capable  than  those  on  the  spot  of  foreseeing  the  character  of  ilio 
new  Government,  and  not  fully  confiding  in  my  o\s  n  judgment  where 
it  is  so  liable  to  be  seduced  by  feeling,  1  take  the  liberty  of  asking 
your  friendly  counsel,  and  that  of  my  friend  Mr.  Madison,  and  of 
referring  the  matter  to  your  judgments  and  discretion. 

Mr.  Barclay,  when  in  Europe,  was  authorized  to  settle  all  the 
European  accounts  of  the  United  Stales.  He  settled  those  of  Doctor 
Franklin  and  Mr.  Adams,  and  it  was  intended  between  us  that  he 
should  settle  miiu;.  IJut  as  what  may  be.  done  at  any  time,  is  often 
put  off  to  the  last,  this  settlement  had  been  made  to  give  way  to 
others,  and  ihiit  of  IJeauniarchais  being  pressed  on  Mr.  Barclay 
before    bio    departure    for  Morocco,  and    having    long   retarded    his 


DIPLOMATIC  CORRESPONDENCE.  1(J1 

departure,  it  was  agreed  that  my  affair  should  await  his  return  from 
that  mission.  You  know  the  circumstances  which  prevented  his 
return  to  Paris  after  that  mission  was  finished.  My  account  is, 
therefore,  unsettled;  but  I  have  no  anxiety  on  any  article  of  it 
except  one;  that  is  the  outfit.  This  consists  of:  1,  clothes;  2, 
carriage  and  horses ;  3,  household  furniture. 

When  Congress  made  their  first  appointments  of  jNIinisters  to  be 
resident  in  Europe,  I  have  understood  (for  I  was  not  then  in 
Congress)  that  they  allowed  them  all  their  expenses,  and  a  fixed 
sum  over  and  above  for  their  time.  Among  their  expenses  was 
necessarily  understood  their  outfit.  Afterwards  they  thought  proper 
to  give  them  fixed  salaries  of  eleven  thousand  one  hundred  and 
eleven  dollars  and  one  ninth  a  year.  And  again,  by  a  resolution  of 
May  6th  and  8th,  1784,  the  salaries  of  their  Ministers  at  foreign 
Courts  were  reduced  to  nine  thousand  dollars,  to  take  place  on  the 
first  of  August  ensuing.  On  the "  7th  of  JMay  I  was  appointed,  in 
addition  to  JNIr.  Adams  and  Doctor  Franklin,  for  the  negotiation  of 
treaties  of  commerce ;  but  the  appointment  being  temporary,  for  two 
years  only,  and  not  as  of  a  resident  Minister,  the  article  of  outfit  did 
not  come  into  question.  I  asked  an  advance  of  six  months'  salary 
that  I  might  be  in  cash  to  meet  the  first  expenses,  which  was  ordered. 
The  year  following  I  was  appointed  to  succeed  Doctor  Franklin  at 
this  Court.  This  was  the  first  appointment  of  a  ^Minister  resident 
since  the  original  ones,  under  which  all  expenses  were  to  be  paid. 
So  much  of  the  ancient  regulation  as  respected  annual  expenses,  had 
been  altered  to  a  sum  certain ;  so  much  of  it  as  respected  first 
expenses  or  outfit  remained  unaltered ;  and  I  might,  therefore,  expect 
that  the  actual  expenses  for  outfit  were  to  be  paid.  When  I  prepared 
my  account  for  settlement  with  Mr.  Barclay,  I  began  a  detail  of  tlio 
articles  of  clothes,  carriage,  horses,  and  household  furniture.  I  found 
that  they  were  numerous,  minute,  and  incapable,  from  their  nature, 
of  being  vouched ;  and  often  entered  into  my  memorandum  book 
under  a  general  head  only,  so  that  I  could  not  specify  tlicm.  I 
found  they  would  exceed  a  year's  salary.  Supposing,  therefore,  that 
mine  being  the  first  case.  Congress  would  make  a  precedent  of  it, 
and  prefer  a  sum  fixed  for  the  outfit  as  well  as  the  salary,  I  have 
charged  it  in  my  account  at  a  year's  salary,  presuming  there  can  be 
no  question  that  an  outfit  is  a  reasonable  charge.  It  is  a  usage  here 
(and  1  suppose  at  all  Courts)  that  a  Minister  resident  shall  establish 
Vol.  II.— U 


16-2  THOMAS  JEFFERSON— JOHN  JAY. 

his  house  in  the  first  instant.  If  this  is  to  be  done  out  of  his  salary, 
he  will  be  a  twelvemonth  at  least  without  a  copper  to  live  on.  It  is 
the  universal  practice,  therefore,  of  all  nations  to  allow  the  outfit  as  a 
separate  article  from  the  salaiy.  I  have  inquired  here  into  the  usual 
amount  of  it.  I  find  that  sometimes  the  sovereign  pays  the  actual 
cost.  Tliis  is  particularly  the  case  of  the  Sardinian  Ambassador  now 
coining;  here,  wlio  is  to  provide  a  service  of  plate,  and  every  article 
of  furniture,  and  other  matters  of  first  expense  to  be  paid  for  by  his 
Court.  In  other  instances,  they  give  a  service  of  plate  and  a  fixed 
sum  for  all  other  articles,  which  fixed  sum  is  in  no  case  lower  than  a 
year's  salary. 

I  desire  no  service  of  plate,  having  no  ambition  for  splendor.  My 
furniture,  carriage,  and  apparel,  are  all  plain,  yet  they  have  cost  me 
more  than  a  year's  salary.  I  suppose  that  in  every  country,  and  in 
every  condition  of  life,  a  year's  expense  would  be  found  a  moderate 
measure  for  the  furniture  of  a  man's  house.  It  is  not  more  certain  to 
me  that  the  sun  will  rise  to-morrow,  tlian  tliat  our  Government  must 
allow  the  outfit  on  their  future  appointment  of  foreign  iMinisters ;  and 
it  would  be  hard  on  me  to  stand  between  the  discontinuance  of  a 
former  rule,  and  institution  of  a  future  one  as  to  have  the  benefit  of 
neither.  I  know  I  have  so  long  known  the  character  of  our  Federal 
head,  in  its  present  form,  that  I  have  the  most  unlimited  confidence 
in  the  justice  of  its  decisions.  I  think  I  am  so  far  known  to  many 
of  the  present  Congress,  as  that  I  may  be  cleared  of  all  views  of 
making  money  out  of  any  public  employment,  or  of  desiring  any 
thing  beyond  artual  and  decent  expenses,  proportioned  to  the  station 
in  which  they  have  been  pleased  to  place  me,  and  to  the  respect  they 
would  wish  to  .sec  attached  to  it.  It  would  seem  right  that  they 
shouhl  decide  the  claims  of  those  who  h;i\<*  acted  under  their  admin- 
istration, and  their  pretermission  of  any  article  miglit  amount  to  a 
disallowance  of  it,  in  the  opinion  of  the  new  ( JovcnnufMit.  It  would 
be  painfiil  to  me  to  meet  that  Government  w  iih  a  claim  under  this 
kind  of  cloud,  and  to  pass  it  in  review  before  their  several  houses  of 
legislation  and  boards  of  administration  to  whom  I  shall  be  unknown  ; 
and  being  for  money  actually  expended,  it  woidd  be  too  inconvenient 
to  me  to  relinquish  it  in  silence.  I  anxiously  ask  if,  therefore,  to  be 
d«'cidt;d  on  by  CoiiL^ress  bi.'fore  they  go  out  of  oflice,  if  it  !)e  not  out 
of  the  line  of  proceeding  they  may  have  chalked  out  for  themselves. 
Jf  ii  be  airainst  their  inclination  to  determine  it,  would  it  be  agreeable 


DIPLOiMATIC  CORRESPONDENCE.  Ig3 

to  them  to  refer  it  to  the  new  Government  by  some  resolution,  which 
should  shew  they  have  not  meant  to  disallow  it  by  passing  it  over? 
Not  knowing  the  circumstances  under  which  Congress  may  exist, 
and  act  at  the  moment  you  shall  receive  this,  I  am  unable  to  judge 
what  should  be  done  on  this  subject.  It  is,  therefore,  that  I  ask  the 
aid  of  your  friendship  and  that  of  Mr.  Madison,  that  you  will  do  for 
me  in  this  regard  what  you  think  it  is  right  should  be  done,  and 
what  it  would  be  right  for  me  to  do  were  I  on  the  spot,  or  were  I 
apprized  of  all  existing  circumstances.  Indeed,  were  you  two  to 
think  my  claim  an  improper  one,  I  would  wish  it  to  be  suppressed, 
as  I  have  so  much  confidence  in  your  judgment  that  I  should  suspect 
my  own  in  any  care  where  it  varied  from  yours,  and  more  especially 
in  one  where  it  is  liable  to  be  warped  by  feelings. 

Give  me  leave,  then,  to  ask  your  consultation  with  Mr.  Madison 
on  this  subject,  and  to  assure  you  that  whatever  you  are  so  good  as 
to  do  herein  will  be  perfectly  approved,  and  considered  as  a  great 
obligation  conferred  on  him,  who  has  the  honor  to  be,  k,c., 

TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    WILLIAM    CARlVnCHAEL. 

Paris,  May  27,  1788. 
Dear  Sir, 

Your  favors  of  April  the  14th  and  29th,  and  May  the  8th,  have 

lately  come  to  hand.    That  of  January  the  29th,  by  INI.  dc  Molinedo, 

had  been  left  here  during  my  absence  on  a  journey  to  Amsterdam. 

That  gentleman  had  gone,  as  I  presume,  before  my  return,  from  my 

being  unable  to  learn  anything  of  him. 

With  respect  to  the  Isthmus  of  Panama,  I  am  assured  by  Burgoin 
(who  would  not  choose  to  be  named,  however)  that  a  survey  was 
made,  that  a  canal  appeared  very  practicable,  and  tliat  the  idea 
was  suppressed  for  political  reasons  altogether.  He  has  seen,  and 
minutely  examined,  the  report.  This  report  is  to  me  a  vast  desid- 
eratum, for  reasons  political  and  philosophical.  I  cannot  help 
suspecting  the  Spanish  squadron  to  be  gone  to  South  America,  and 
that  some  disturbances  have  been  excited  there  by  the  British.  The 
Court  of  IMadrid  may  suppose  we  would  not  see  this  \\  ith  an  unwil- 
ling eye.     This  may  be  true  as  to  the  uninformed  pari  of  our  people ; 


164  THOMAS  JEFFERSON-JOHN  JAY. 

but  those  who  look  into  futurity  farther  tlian  the  present  moment  or 
age,  and  who  combine  well  what  is  with  what  is  to  be,  must  see  that 
our  interests,  well  understood,  and  our  wishes  are  that  Spain  shall 
(not  forever,  but  very  long)  retain  her  possessions  in  that  quarter; 
and  that  her  views  and  ours  must,  in  a  good  degree,  and  for  a  long 
time,  concur.  It  is  said  in  our  gazettes  that  the  Spaniards  have  sunk 
one  of  our  boats  on  the  Mississippi,  and  that  our  people  retaliated  on 
one  of  theirs.  But  my  letters  not  mentioning  the  fact,  have  made  me 
hope  it  is  not  true,  in  which  hope  your  letter  confirms  me.  There 
are  now  one  hundred  thousand  inhabitants  in  Kentucky.  They  have 
accepted  the  offer  of  independence,  on  the  terms  proposed  by  Vir- 
ginia, and  they  have  decided  that  their  independent  government  shall 
begin  on  the  first  day  of  the  next  year.  In  the  mean  time,  they 
claim  admittance  into  Congress.  Georgia  has  ceded  her  western 
territory  to  the  United  States,  to  take  place  with  the  commencement 
of  the  new  Federal  Governn^ent.  I  do  not  know  the  boundaries. 
There  has  been  some  dispute  of  etiquette  with  the  new  French 
Minister,  which  has  disgusted  him. 

tF  tF  •JF  ^  tF  ^  tF  V 

The  following  is  a  state  of  the  progress  and  prospects  of  the  new 
plan  of  Government. 

The  conduct  of  Massachusetts  has  been  noble.  She  accepted  the 
Constitution,  but  voted  that  it  should  stand  as  a  perpetual  instruction 
to  her  delegates  to  endeavor  to  obtain  such  and  such  reformations ; 
and  the  minority,  though  very  strong  both  in  numbers  and  abilities, 
declared  viritim  and  seriatim,  that  acknowledging  the  principle  that 
the  majority  must  give  the  law,  they  would  now  support  the  new 
Constitution  with  their  tongues,  and  with  their  blood,  if  necessary. 
I  was  much  pleased  with  many  and  essential  parts  of  this  instrument 
from  the  begiuning.  But  I  thought  I  saw  in  it  many  faults,  great 
and  small.  What  I  have  read  and  nflc'cted  has  brought  me  over 
from  several  of  my  objections  of  the  first  moment,  and  to  acquiesce 
under  some  others.  Two  only  remain  of  essential  consideration,  to 
wit:  the  want  of  a  bill  of  riglits,  and  the  expunging  the  principle  of 
necessary  rotation  in  the  oflices  of  I'resident  and  Senator.  At  first,  I 
wished  that  when  nine  States  should  have  acc(>pted  the  Constitution, 
so  as  to  ensure  us  what  is  good  in  it,  the  other  four  might  hold  off 
till  the  want  of  iIk;  bill  of  rights,  at  least,  might  be  supplied.  But 
I  am  now  convinced  that  the  plan  of  Massachusetts  is  the  best ;  that 


DIPLOMATIC  CORRESPONDENCE.  165 

is,  to  accept,  and  to  amend  afterwards.  If  the  States  which  were  to 
decide  after  her  should  all  do  the  same,  it  is  unpossible  but  that  they 
must  obtain  the  essential  amendments.  It  will  be  more  difficult,  if 
we  lose  this  instiument,  to  recover  what  is  good  in  it  than  to  correct 
what  is  bad  after  we  shall  have  adopted  it.  It  has,  therefore,  my 
hearty  prayers,  and  I  await  with  anxiety  for  news  of  the  votes  of 
INIaryland,  South  Carolina,  and  Virginia.  There  is  no  doubt  that 
General  Washington  N\ill  accept  the  Presidentship,  though  he  is 
silent  on  the  subject.  He  would  not  be  chosen  to  the  Virginia 
convention. 

A  riot  has  taken  place  in  New  York,  which  I  will  state  to  you 
from  an  eye  witness.  It  has  long  been  a  practice  with  the  surgeons 
of  that  city  to  steal  from  the  grave  bodies  recently  buried.  A  citizen 
had  lost  his  wife.  He  went  the  first  or  second  evening  after  her  burial 
to  pay  a  visit  to  her  grave.  He  found  that  it  had  been  disturbed,  and 
suspected  from  what  quarter.  He  found  means  to  be  admitted  to 
the  anatomical  lecture  of  that  day,  and  on  his  entering  the  room,  saw 
the  body  of  his  wife,  naked  and  under  dissection.  He  raised  the 
people  immediately.  The  body,  in  the  mean  time,  was  secreted. 
They  entered  into  and  searched  the  houses  of  the  physicians  whom 
they  most  suspected,  but  found  nothing.  One  of  them,  however, 
more  guilty  and  more  timid  than  the  rest,  took  asylum  in  the  prison. 
The  mob  considered  this  an  acknowledgment  of  guilt.  They 
attacked  the  prison.  The  Governor  ordered  the  militia  to  protect 
the  culprits  and  suppress  the  mob.  The  militia,  thinking  the  mob 
had  just  provocation,  refused  to  turn  out.  Hereupon,  the  people  of 
more  reflection,  thinking  it  more  dangerous  that  even  a  guilty  person 
should  be  punished  without  the  form  of  law,  than  that  he  should 
escape,  armed  themselves,  and  went  to  prot(^ct  the  physician.  They 
were  received  by  the  mob  with  a  volley  of  stones,  which  wounded 
several  of  them.  They  hereupon  fired  on  the  mob,  and  killed  four. 
By  this  time  they  received  a  reinforcement  of  other  citizens  of  the 
militia  horse,  the  appearance  of  which,  in  the  critical  moment, 
dispersed  the  mob.  So  ended  this  chapter  of  history  which  I  have 
detailed  to  you,  because  it  may  be  represented  as  a  political  riot, 
when  politics  had  nothing  to  do  with  it.  IMr.  Jay  and  Baron 
Steuben  were  both  grievously  wounded  in  the  head  by  stones.  The 
former  still  kept  his  bed,  and  the  latter  his  room,  when  the  packet 
sailed,  which  was  the  24th  of  April. 

I  have  the  honor  to  be,  he,  Til :  JEFFERSON. 


166  THOMAS  JEFFERSON— JOHN  JAY. 

FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  May  30,  1788. 
Sir, 

A  further  delay  of  ^Ir.  Warville  enables  me  to  acknowledge  the 
receipt  of  your  letter  of  April  24th,  by  Mr.  Paradise.  Nothing  new 
has  occurred  since  the  date  of  my  other  letters,  which  go  by  this 
conveyance,  except  that  about  one  third  of  the  Baillages  have 
accepted  their  appointments.  If  the  others  pretty  generally  should 
do  the  same,  and  the  Chatelet  be  brought  over,  it  will  place  Gov- 
ernment pretty  much  at  thek  ease,  to  pursue  their  other  views  of 
change.  The  only  symptoms  of  violence  which  have  appeared 
have  been  in  Brittany,  Provence,  and  Languedoc. 

I  have  the  honor  to  be,  &c.,  TH:  JEFFERSON. 


FROM    JOHN   JAY   TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  September  23,  1788. 

Dear  Sir, 

My  last  to  you  was  dated  the  9th  June,  since  which  I  have  been 
honored  with  yours  of  the  4th,  23d,  and  30lh  May  last,  which, 
with  the  papers  that  accompanied  them,  were  communicated  to 
Congress. 

Two  copies  of  the  ratification  of  Mr.  Adams's  last  contract  have 
been  transmitted  to  you,  under  cover  to  Messrs.  Willinks  and  Van 
Staphorsts,  by  vessels  bound  to  Amsterdam.  A  triplicate  will  be 
enclosed  with  this,  together  with  the  following  papers,  viz :  The 
requisition  of  Congress  for  the  present  year,  passed  the  25th  of  last 
month  ;  a  copy  of  an  act  of  the  13th  instant,  enabling  you  to  provide 
for  the  subsistence  of  the  American  captives  at  Algiei-s,  and  approving 
of  your  supplementary  instruction  to  INIr.  Lamb  on  that  head  ;  a 
copy  of  an  act  of  the  same  date,  for  putting  the  Constitution  into 
operation,  and  also  the  pr'uitcd  journals  necessary  to  complete  your 
set,  and  a  pared  of  the  latest  newspapers. 

These  dcspatciics  will  go  from  IJcjston  in  a  vessel  bound  from 
thence  to  France.  How  far  this  convcyanctr  may  be  a  safe  one,  I 
am  not  well  informed.  I  nevertheless  think  it  best  to  postpone 
details  for  the  present,  as  well  as  the  private  letter,  which  you  have 
reason  to  expect  from  me  on  the  subject,  you  also  hinted  to  Mr. 


DIPLOMATIC  CORRESPONDENCE.  167 

JNIadison,  wnh  whom  I  have  conferred  respecting  it.  There  is  a 
reluctance  in  some  to  adopt  the  idea  it  suggests,  and  1  apprehend 
that  others  will  prefer  delay  to  a  decision  upon  it. 

With  very  sincere  esteem,  k,c.,  JOHN  JAY. 


FROM    THOMAS    JEFFERSON    TO    THE    COMTE    DE    BERNSTORFF. 

Paris,  June  19,  1788. 

I  had  the  honor  of  addressing  your  Excellency,  by  Admiral  Paul 
Jones,  on  the  21st  of  January,  on  the  subject  of  the  prizes  taken 
under  his  command  durino;  the  late  war  and  sent  into  Bergen.  I 
communicated,  at  the  same  time,  a  copy  of  the  powers  which  the 
Congress  of  the  United  States  of  America  had  been  pleased  to  confide 
to  me  therein,  having  previously  shewn  the  original  to  the  Baron  de 
Blome,  Envoy  Extraordinary  of  his  Majesty  the  King  of  Denmark, 
at  their  Court,  and  I  furnished,  at  the  same  time,  to  Admu'al  Paul 
Jones,  such  authority  as  I  was  empowered  to  delegate  for  the 
arrangement  of  this  affair.  That  officer  has  transmitted  me  a  copy 
of  your  Excellency's  letter  to  him,  after  the  4th  of  April,  wherein 
you  are  pleased  to  observe  that  the  want  of  full  powers  on  liis  part 
was  an  invincible  obstacle  to  the  definite  discussion  of  this  claim 
with  him,  and  to  express  your  dispositions  to  institute  a  settlement 
at  this  place.  Always  assured  of  the  justice  and  honor  of  the  Court 
of  Denmark,  and  encouraged  by  the  particular  readiness  of  j'our  Ex- 
cellency to  settle  and  remove  this  difficulty  from  between  the  two 
nations,  1  take  the  liberty  of  recalling  your  attention  to  it.  The 
place  of  negotiation  proposed  by  your  Excellency  meets  no  objection 
from  us,  and  it  removes,  at  the  same  time,  that  which  the  want  of 
full  powers  in  Admhal  Paul  Jones  had  produced  in  your  own  mind. 
These  full  powers  Congress  has  been  pleased  to  honor  me  with. 
The  arrangement  taken  between  the  person  to  be  charged  with  your 
full  powers  and  myself,  will  be  final  and  conclusive.  You  are 
pleased  to  express  a  willingness  to  treat,  at  the  same  time,  on  the 
subjects  of  amity  and  commerce.  The  powers  formerly  communi- 
cated on  our  part  were  given  to  Mr.  Adams,  Doctor  Franklin,  and 
myself,  for  a  limited  term  only.  That  term  has  expired,  and  the 
other  two  gentlemen  returned  to  America ;  so  that  no  person  is 
commissioned,  at  this  moment,  to  renew  those  conferences.  I  may 
safel)^  however,  assure  your  Excellency  that  the  same  friendly 
dispositions  still  continue,  and  tlie  same  desire  of  facilitating  and 


168  THOMAS  JEFFERSON— JOHN  JAY. 

encouraging  a  commerce  between  the  two  nations  which  produced 
the  fomier  appointment.  But  our  nation  is,  at  this  time,  proposing 
a  change  in  the  organization  of  its  Government.  For  this  change  to 
be  agreed  to  by  all  the  members  of  the  Union,  the  new  administration 
chosen  and  brought  into  activity,  their  domestic  matters  arranged, 
which  will  require  their  first  attention,  their  foreign  system  afterwards 
decided  on,  and  carried  into  full  execution,  will  require  a  very  con- 
siderable length  of  time.  To  place  under  the  same  delay  the  private 
claims  which  I  have  the  honor  to  present  to  your  Excellency,  would 
be  hard  on  the  persons  interested ;  because  these  claims  have  no 
connexion  with  the  system  of  commercial  connexion  which  may  be 
established  between  the  two  nations,  nor  with  the  particular  form  of 
our  administration.  The  justice  due  to  them  is  complete,  and  the 
present  administration  as  competent  to  final  settlement  as  any  future 
one  will  be,  should  a  future  change  take  place.  These  individuals 
have  already  lingered  nine  years  in  expectation  of  their  hard  and 
perilous  earnings.  Time  lessens  their  numbers  continually,  disperses 
their  representatives,  weakens  the  evidence  of  their  right,  and  renders 
more  and  more  impracticable  his  IMajesty's  dispositions  to  repair 
the  private  injury  to  which  public  circumstances  constrained  him. 
These  considerations,  the  just  and  honorable  intentions  of  your 
Excellency,  and  the  assurances  you  give  us  in  your  letter,  that  no 
delay  is  wished  on  your  part,  give  me  strong  hopes  that  we  may 
speedily  obtain  that  final  arrangement  which  express  instructions 
render  it  my  duty  lo  lu^c  J  have  th(>  honor,  therefore,  of  agreeing 
with  your  Kxc:('llrney,  ih;it  the  settlement  of  this  matter,  formerly 
begun  at  Paris,  shall  be  continued  there  ;  and  to  ask  that  you  will 
be  pleased  to  give  powers  and  instructions  f(jr  this  j)urpose,  to  such 
persons  as  you  shall  think  proper,  and  in  such  fidl  form  as  may 
prevent  those  delays  to  which  the  distance  between  Copenhagen 
and  l*aris  might  otherwise  expose  us. 

I  iiave  the  honor  to  be,  he,  Til :   JEFFERSON. 


FROM    THOMAS    JIUIEHSON    TO    Till;    COUNT    DF-    MONTMOUIN. 

Puiis,  Juno  20,  1788. 
Sir, 
Having   had    the    jmnor  of  inenlioning   lo   your   I'^^xcellenry    ihc 
wish  of  Congress  that  certain  changes  should  bo  made  in  the  articles 


DIPLOMATIC  CORRESPONDENCE.  169 

for  a  Consular  convention,  which  had  been  sent  to  them,  I  have 
now  that,  conformably  to  the  desire  you  expressed,  of  giving  a 
general  idea  of  the  alterations  to  be  proposed. 

The  fourth  article  gives  to  the  Consuls  the  immunities  of  the  law 
of  nations.  It  has  been  understood,  however,  that  the  laws  of 
France  do  not  admit  of  this ;  and  that  it  might  be  desirable  to 
expunge  this  article.  In  this  we  are  ready  to  concur,  as  in  every 
other  case  where  an  article  might  call  for  changes  in  the  established 
laws,  either  inconvenient  or  disagreeable. 

After  establishing  in  favor  of  Consuls  the  general  immunities  of 
the  law  of  nations,  one  consequence  of  which  would  have  been  that 
they  could  not  have  been  called  upon  to  give  testimony  in  courts  of 
justice,  the  5th  article  requires,  that  after  the  observance  of  certain 
formalities,  which  imply  very  high  respect,  they  shall  make  a  decla- 
ration, but  in  their  own  houses  [Chez  eux]  as  may  be  pretended,  if 
not  justly  inferred,  from  the  expressions  in  the  article.  But  our  laws 
require,  indispensably,  a  personal  examination  of  witnesses  in  the 
presence  of  the  parties,  of  their  counsel,  the  jury  and  judges,  each 
of  whom  has  a  right  to  ask  of  them  all  questions  pertinent  to  the 
fact.  The  first  and  highest  officers  of  our  Government  are  obliged 
to  appear  personally  to  the  order  of  a  court  to  give  evidence.  The 
court  takes  care  that  they  are  treated  with  respect.  It  is  proposed, 
therefore,  to  omit  this  article  for  these  particular  reasons,  as  well  as 
for  the  general  one,  that  the  fourth  being  expunged,  this,  which  was 
but  an  exception  to  that,  falls  of  course. 

The  7th,  8th,  10th,  and  14th  articles  extend  their  preeminences 
far  beyond  those  which  the  laws  of  nations  would  have  given.  These 
articles  require  that  the  declarations  made  in  the  presence  of  Consuls 
and  certified  by  them,  shall  be  received  in  evidence  in  all  courts 
whatever;  and  in  some  instances  give  to  their  certificates  a  credibility 
which  excludes  all  other  testimony.  The  cases  are  I'are  in  which 
our  courts  admit  written  evidence  of  facts ;  and  such  evidence,  when 
admitted,  must  have  been  in  the  presence  of  both  parties,  and  must 
contain  the  answers  to  all  the  pertinent  questions  which  they  may 
have  desired  to  ask  of  the  witness ;  and  to  no  evidence,  of  whatever 
nature,  written  or  not,  do  our  laws  give  so  high  credit  as  to  exclude 
all  counter  proof  These  principles  are  of  such  ancient  foundation 
in  our  system  of  jurisprudence,  and  are  so  much  valued  and  venerated 
by  our  citizens,  that  perhaps  it  would  be  impossible  to  execute  articles 


170  THOMAS  JEFFERSOX— JOHN  JAY. 

which  should  contravene  them ;  nor  is  it  imagined  that  these  stipula- 
tions can  be  so  interesting  to  this  country  as  to  balance  the  inconve- 
nience and  hazard  of  such  an  innovation  with  us.  Perhaps  it  might 
be  found  that  the  laws  of  both  countries  require  a  niodiiication  of 
this  article,  as  it  is  inconceivable  that  the  certificate  of  an  American 
Consul  in  France  could  be  permitted  by  one  of  its  courts  to  establish 
a  fact  the  falsehood  of  which  should  be  notorious  to  the  court  itself. 

The  8th  article  gives  to  the  Consuls  of  either  nation  a  jurisdiction 
in  certain  cases  over  foreigners  of  any  other.  On  a  dispute  arising 
in  France  between  an  American  and  a  Sj)aniard  or  an  Englishman, 
it  would  not  be  fair  to  abandon  the  Spaniard  or  Englishman  to  an 
American  Consul.  On  the  contrary,  the  territorial  judge,  as  neutral, 
would  seem  to  be  the  most  impartial.  Probably,  therefore,  it  will  be 
thought  convenient  for  both  parties  to  correct  this  stipulation. 

A  dispute  arising  between  two  subjects  of  France,  the  one  being 
in  France  and  the  other  in  the  United  States,  the  regular  tribunals  of 
France  would  seem  entitled  to  a  preference  of  jurisdiction  ;  yet  the 
12th  article  gives  it  to  their  Consul  in  America,  and  to  a  Consul  of 
the  United  States  in  France  in  like  case  between  their  citizens. 

The  power  given  by  the  10th  article,  of  arresting  and  sending 
back  a  vessel,  its  captain  and  crew,  is  a  very  great  one,  indeed,  and 
in  our  opinion  more  safely  lodged  with  the  territorial  judge.  We 
would  ourselves  trust  the  tribunals  of  France  to  decide  when  there 
is  just  cause  for  so  highhanded  an  act  of  authority  over  the  persons 
and  property  of  so  many  of  our  citizens,  to  all  of  w  hom  these  tribu- 
nals will  stand  in  a  neutral  and  impartial  relation,  rather  than  any 
single  person  whom  we  may  appoint  as  Consul,  who  will  seldom  be 
learned  in  the  laws,  and  often  susceptible  of  influence  from  private 
interest  and  personal  pi(iue.  With  us,  ap[)licalions  for  the  arrest  of 
vessels  and  of  their  masters,  are  made  to  the  Admiralty  courts. 
These  are  composed  of  the  most  learned  and  virtuous  characters  in 
tlie  several  States,  and  the  maritime  law,  common  to  all  nations,  is 
tlic  rule  of  their  proceedings.  Tiie  exercise  of  foreign  jurisdiction 
within  the  ])ale  of  their  own  laws,  in  a  very  high  case,  and  wherein 
those  laws  have  made  honorable  j)rovisions,  would  be  a  phenomenon 
never  yet  seen  in  our  country,  and  which  would  be  si'.vn  whh  great 
jealousy  and  uneasiness.  On  the  contrary,  to  leave  this  ])ower  with 
the  territorial  judge  will  inspire  confidence  and  friendsliij),  and  be 
eally,  at  the  same  time,  more  secure  against  abuse.     The  power  of 


DIPLOMATIC  CORRESPONDENCE. 


171 


arresting  deserted  seamen  seems  necessary  for  the  purposes  of  navi- 
gation and  commerce,  and  will  be  more  attentively  and  effectually 
exercised  by  the  Consul  than  by  the  territorial  judge.  To  this  part 
of  the  10th  article,  therefore,  as  well  as  to  that  which  requires  the 
territorial  judge  to  assist  the  Consul  in  the  exercise  of  this  function, 
we  can  accede.  But  the  extension  of  the  like  power  to  passengers 
seems  not  necessary  for  the  purposes  either  of  navigation  or  com- 
merce. It  does  not  come,  therefore,  within  the  functions  of  the 
Consuls,  whose  institution  is  for  those  two  objects  only ;  nor  within 
the  powers  of  a  commissioner  authorized  to  treat  and  conclude  a 
convention  solely  for  regulating  the  powers,  privileges,  and  duties  of 
Consuls.  The  arrest  and  detention  of  passengers,  moreover,  would 
often  be  in  contradiction  to  our  bills  of  rights,  which,  being  funda- 
mental, cannot  be  obstructed  in  their  operation  by  any  law  or  con- 
vention whatever. 

Consular  institutions  being  entirely  new  with  us.  Congress  think  it 
wise  to  make  their  first  convention  probationary,  and  not  perpetual. 
They  propose,  therefore,  a  clause  for  limiting  its  duration  to  a  certain 
term  of  years.  If,  after  the  experience  of  a  few  years,  it  should  be 
found  to  answer  the  purposes  intended  by  it,  both  parties  will  have 
sufficient  inducements  to  renew  it,  either  in  its  present  form  or  with 
such  alterations  and  amendments  as  time,  experience,  and  other 
circumstances  may  indicate. 

The  convention,  as  expressed  in  the  French  language,  will  fully 
answer  our  purposes  in  France,  because  it  will  there  be  understood. 
But  it  will  not  equally  answer  the  purposes  of  France  in  America, 
because  it  will  not  there  be  understood.  In  very  few  of  the  courts 
wherein  it  may  be  presented  will  there  be  found  a  single  judge  or 
advocate  capable  of  translating  it  at  all,  much  less  of  giving  to  all 
its  terms,  legal  and  technical,  their  exact  equivalent  in  the  law  and 
language  of  that  country.  Should  any  translation  which  Congress 
would  undertake  to  publish  for  the  use  of  our  courts,  be  conceived, 
on  any  occasion,  not  to  render  fully  the  idea  of  the  French  original, 
it  might  be  imputed  as  an  indirect  attempt  to  abridge  or  extend  the 
terms  of  a  contract  at  the  will  of  one  party  only.  At  no  place  are 
there  better  helps  than  here  for  establishing  an  English  text  equivalent 
to  the  French  in  all  its  phrases.  No  persons  can  be  supposed  to 
know  what  is  meant  by  these  phrases  better  than  those  who  form 
them,  and  no  time  more  proper  to  ascertain  their  meaning  in  both 


172  THOMAS  JEFFERSON-JOHN  JAY. 

languages  than  that  at  wliich  they  are  formed.  I  have,  therefore, 
the  honor  to  propose  that  the  convention  shall  he  faithfully  expressed 
in  English  as  well  as  in  French,  in  two  columns,  side  hy  side ;  that 
these  columns  be  declared,  each  of  them,  to  be  the  text,  and  to  be 
equally  original  and  authentic  in  all  courts  of  justice. 

This,  sir,  is  a  general  sketch  of  the  alterations  which  our  laws  and 
our  manner  of  thinking  render  necessary  in  this  Convention,  before 
the  faith  of  our  country  is  engaged  for  its  execution.  Some  of  its 
articles,  in  its  present  form,  could  not  be  executed  at  all,  and  others 
would  produce  embarrassments  and  ill  humor,  to  which  it  would  not 
be  prudent  for  our  Government  to  commit  itself.  Inexact  execution 
on  the  one  part  would  naturally  beget  dissatisfaction  and  complaints 
on  the  other;  and  an  instrument  intended  to  strengthen  our  connexion 
might  thus  become  the  means  of  loosening  it.  Fewer  articles,  better 
observed,  will  better  promote  our  common  interests.  As  to  ourselves, 
we  do  not  find  the  institution  of  Consuls  very  necessary.  Its  history 
commenced  in  thnes  of  barbarism,  and  might  well  have  ended  witli 
them.  During  these  they  were  perhaps  useful,  and  may  still  be  so 
in  countries  not  yet  emerged  from  that  condilion.  But  all  civilized 
nations  at  this  day  understand  so  well  the  advantages  of  commerce, 
that  they  provide  protection  and  encouragement  for  merchants, 
strangers,  and  vessels  coming  among  them.  So  extensive,  too,  have 
commercial  connexions  now  become,  that  every  mercantile  house  has 
correspondents  in  almost  every  port.  They  address  their  vessels  to 
these  correspondents,  who  are  found  to  take  better  care  of  their 
interests,  and  to  obtain  more  eflrctually  the  protection  of  the  laws 
of  the  country  for  them  than  the  Consul  of  their  nation  can.  He  is 
generally  a  foreigner,  unpossessed  of  llic  liitic  details  of  knowledge 
of  greatest  use  to  them.  He  makes  national  (juesiions  of  all  the 
difliculties  which  arise — the  correspondent  jjrevents  them.  We 
carry  on  commerce  with  good  success  in  ail  parts  of  the  world,  yet 
we  have  not  a  Consul  in  a  single  port,  nor  a  complaint  for  the  want 
of  one,  except  from  the  persons  who  wish  to  be  Consuls  themselves. 
Though  thesi!  considerations  may  not  be  strong  enough  to  establish 
the  absolute  iiiiniiiiy  of  Consuls,  they  may  make  us  less  anxious  to 
extend  tlw.'ir  pri\  ile^^e-;  and  jurisdictions,  so  as  to  render  them  objects 
of  jealousy  and  irrilaiion  in  the  j)laces  of  their  residence.  That  this 
Government  thiidvs  tlieni  useful  is  suflieicnt  n-ason  for  us  to  give  them 
all   the.  functions   and  facilities  whieli  our  cireunistances  will  admit. 


DIPLOMATIC  CORRESPONDENCE.  I73 

Instead,  therefore,  of  declining  every  article  which  will  be  useless  to 
us,  we  accede  to  every  one  which  will  not  be  inconvenient.  Had 
this  nation  been  alone  concerned,  our  desire  to  gratify  them  might 
have  tempted  us  to  press  still  harder  on  the  laws  and  opinions  of  our 
country.  But  your  Excellency  knows  that  we  stand  engaged  in 
treaties  with  some  nations  which  will  give  them  occasion  to  claim 
whatever  privileges  we  yield  to  any  other.  This  renders  circum- 
spection more  necessary.  Permit  me  to  add  one  other  observation. 
The  English  allow  to  foreign  Consuls  scarcely  any  functions  within 
their  ports.  This  proceeds,  in  a  great  measure,  from  the  character 
of  their  laws,  which  eye  with  peculiar  jealousy  every  exemption  from 
their  control.  Ours  are  the  same  in  their  general  character,  and 
rendered  still  more  unpliant  by  our  having  thirteen  parliaments  to 
relax  instead  of  one.  Upon  the  whole,  I  hope  your  Excellency  will 
see  the  cause  of  the  delay  which  this  Convention  has  met  with,  in 
the  difficulties  it  presents,  and  our  desire  to  surmount  them,  and  will 
be  sensible  that  the  alterations  proposed  are  dictated  to  us  by  the 
necessity  of  our  circumstances,  and  by  a  caution  which  cannot  be 
disapproved,  to  commit  ourselves  to  no  engagements  which  we  foresee 
we  might  not  be  able  to  fulfil. 

These  alterations,  with  some  smaller  ones  which  may  be  offered 
on  the  sole  principle  of  joint  convenience,  shall  be  the  subject  of 
more  particular  explanation  whenever  your  Excellency  shall  honor 
me  with  a  conference  thereon.  I  shall  then,  also,  point  out  the 
verbal  changes  which  appear  to  me  necessary,  to  accommodate  the 
instrument  to  the  views  before  expressed.  In  the  meantime,  I  have 
the  honor  of  being,  Stc, 

TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON    TO    JOHN   JAY. 

Paris,  July  29,  1788. 
Sir, 

Having  received  the  enclosed  letter*  from  Julien  Laurent,  claiming 
his  wages  as  a  volunteer  on  board  the  Bon  Homme  Richard,  I  have 
the  honor  of  forwarding  it  to  you,  supposing  it  will  of  course  be 
referred  to  the  proper  office  to  take  order  on. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


Sent  to  tlie  Board  of  Treasury  11th  June,  1789. 


174  THOMAS  JEFFERSON— JOHN  JAY. 

^  FROM    THOMAS    JEFFERSOX    TO    JOHN    JAY. 

Paris,  August  3,  1788. 

Sir, 

My  last  letters  to  you  were  of  the  4th  and  23d  of  jNIay,  with  a 
P.  S.  of  the  27th.  Since  that  I  have  been  honored  with  yours  of 
April  24th,  May  16th,  and  June  the  9th. 

The  most  remarkahle  internal  occurrences  since  my  last  are  these : 
The  Noblesse  of  Bretagne,  who  had  received  with  so  much  warmth 
the  late  innovation  in  the  Government,  assembled  and  drew  up  a 
memorial  to  the  King,  and  chose  twelve  members  of  their  body  to 
come  and  present  it.  Among  these  was  the  INIarquis  de  la  Rouerie, 
(Colonel  Armand.)  The  King,  considering  the  Noblesse  as  having 
no  legal  right  to  assemble,  declined  receiving  the  memorial.  The 
deputies,  to  give  greater  weight  to  it,  called  a  meeting  of  the  landed 
proprietors  of  Bretagne  resident  at  Paris,  and  proposed  to  them  to 
add  their  signatures.  They  did  so  to  the  number  of  about  sixty,  of 
whom  tlie  jNIarquis  de  la  Fayette  was  one.  The  twelve  deputies, 
for  having  called  this  meeting,  were  immediately  sent  to  the  Bastile, 
where  they  now  are  ;  and  the  Parisian  signers  were  deprived  of  such 
favors  as  they  held  of  the  Court.  There  were  only  four  of  them, 
however,  who  held  anything  of  that  kind.  The  INIarquis  de  la  Fay- 
ette was  one  of  these.  They  had  given  him  a  military  command  to 
be  exercised  in  tiie  south  of  France,  during  the  months  of  August 
and  September  of  the  present  year.  This  they  took  from  him,  so 
that  he  is  disgraced  in  the  ancient  language  of  the  Court,  but,  in 
truth,  honorably  marked  in  the  eyes  of  the  nation.  The  Ministers 
are  so  sensible  of  this,  that  they  have  had  separately  private  confer- 
ences with  liini  to  endeavor,  through  him,  ti)  keep  things  quiet. 
From  the  character  of  the*  province  of  Bretagne,  it  has  been  much 
apprehended,  for  some  days,  that  the  im])risonment  of  their  deputies 
would  have  produced  an  insurrection.  13ut  it  took  another  turn. 
Tile  cours  intcrmcdiaires  of  the  province,  acknowledged  to  be  a 
legal  body,  (h^puted  eighteen  members  of  their  body  to  the  King. 
To  these  he  gave  an  audience,  and  llu^  answer  of  wliich  I  send  you 
a  copy.  This  is  h.iifl  enough,  ^^•t  I  am  in  li()()es  the;  appeal  to 
the  sword  will  Ix;  avoided,  and  great  nKjdifications  in  the  Government 
be  obtained  without  bloodshed.  As  yet,  none  has  been  spilt,  aec(^rd- 
ing  to  the  best  evidence  I  have  been  able  to  obtain,  notwithstanding 


DIPLOMATIC  CORRESPONDENCE.  I75 

what  the  foreign  newspapers  have  said  to  the  contrary.  The  convo- 
cation of  the  States  General  is  now  become  inevitable.  Whenever 
the  time  shall  be  announced  certainly,  it  will  keep  the  nation  quiet 
till  they  meet.  According  to  the  present  probabilities,  this  must  be 
in  the  course  of  the  next  summer.  But  to  what  movements  their 
meeting  and  measures  may  give  occasion,  cannot  be  foreseen.  Should 
a  foreign  war  take  place,  still  they  must  assemble  the  States  General, 
because  they  cannot,  but  by  their  aid,  obtain  money  to  carry  it  on. 
Monsieur  de  Malesherbe  will,  I  believe,  retire  from  the  King's 
Council.  He  has  been  much  opposed  to  the  late  acts  of  authority. 
The  Baron  de  Breteuil  has  resigned  his  Secretaryship  of  the  domestic 
department.  Certainly  not  for  the  same  reason,  as  he  is  known  to 
have  been  of  opinion  that  the  King  had  compromitted  too  much  of  his 
authority.  The  real  reason  has  probably  been  an  impatience  of 
acting  under  a  principal  Minister.  His  successor  is  M.  de  Villedeuil, 
late  Comptroller  General. 

The  Ambassadors  of  Tippoo  Saib  have  arrived  here.  If  their 
mission  has  any  other  object  than  that  of  pomp  and  ceremony,  it  is 
not  yet  made  known.  Though  this  Court  has  not  avowed  that  they 
are  in  possession  of  Trincomali,  yet  the  report  is  believed,  and  that 
possession  was  taken  by  General  Conway,  in  consequence  of  orders 
given  in  the  moment  that  they  thought  a  war  certain.  The  dispute 
with  the  States  General  of  the  United  Netherlands,  on  account  of 
the  insult  to  M.  de  St.  Priest,  does  not  tend  as  yet  towards  a  settle- 
ment. He  has  obtained  leave  to  go  to  the  waters,  and,  perhaps, 
from  there  he  may  come  to  Paris  to  await  events.  Sweden  has 
commenced  hostilities  against  Russia  by  the  taking  a  little  fortress 
by  land.  This  having  been  their  intention,  it  is  wonderful  that  when 
their  fleet  lately  met^ three  Russian  ships  of  one  hundred  guns  each, 
they  saluted,  instead  of  taking  them.  The  Empress  has  declared 
war  against  them  in  her  turn.  It  is  well  understood  that  Sweden 
is  set  on  by  England,  and  paid  by  the  Turks.  The  prospect  of 
Russia  has  much  brightened  by  some  late  successes.  Their  fleet  of 
galleys  and  gun-boats,  twenty-seven  in  number,  having  been  attacked 
by  fifty-seven  Turkish  vessels  of  the  same  kind,  commanded  by  the 
Captain  Pacha,  these  were  repulsed  with  the  loss  of  three  vessels. 
In  the  action,  which  was  on  the  18th  of  June,  Admiral  Paul  Jones 
commanded  the  riirht  wino;  of  the  Russians,  and  the  Prince  of  Nas- 

DO  ^ 

sau  the  left.    On  the  26th  of  the  same  month;  the  Turkish  principal 


17G  THOMAS  JEFFERSON-JOHN  JAY. 

fleet,  that  is  to  say,  their  sliips  of  the  line,  frigates,  See,  having  got 
themselves  near  to  the  swash,  at  the  mouth  of  the  Boristhenes,  the 
Prince  of  Nassau  took  advantage  of  their  poshion,  attacked  them 
while  so  engaged  in  the  mud  that  they  could  not  manoeuvre,  burnt 
six,  among  which  were  the  Admiral's  and  Vice  Admiral's,  took  two, 
and  made  between  three  or  four  thousand  prisoners.  The  first  report 
gave  this  success  to  Admiral  Paul  Jones,  but  it  is  now  rendered 
rather  probable  that  he  was  not  there,  as  he  commands  the  vessels  of 
war,  which  are  said  not  to  have  been  there.  It  is  supposed  his  pres- 
ence in  the  affair  of  the  18th  was  accidental.  But,  if  this  success 
has  been  as  complete  as  it  is  represented,  the  Black  sea  must  be 
tolerably  open  to  the  Russians,  in  which  case  we  may  expect,  from 
what  we  know  of  that  ofTiccr,  that  he  will  improve  to  the  greatest 
advantage  the  situation  of  things  on  that  sea.  The  Captain  Pacha's 
standard  was  taken  in  the  last  action,  and  himself  obliged  to  make  his 
escape  in  a  small  vessel.  Prince  Potemkin  immediately  got  under 
march  forOczakow,  to  take  advantage  of  the  consternation  into  which 
that  place  was  thrown. 

Tiie  Spanish  squadron,  after  cruising  off  the  Western  Isle  and 
Cape  St.  Vincent,  is  returned  into  port. 

A  dispute  has  arisen  between  the  Papal  See  and  the  King  of 
Naples,  which  may,  in  its  progress,  enable  us  to  estimate  what  degree 
of  influence  that  See  retains  at  the  present  day.  The  Kingdom  of 
Naples,  at  an  early  period  of  its  history,  became  feudatory  to  the 
See  of  Rome,  and,  in  acknowledgment  thereof,  has  annually  paid  a 
hackney  to  the  Pope  in  Rome,  to  which  place  it  has  always  been 
sent  by  a  splendid  embassy.  The  hackney  has  been  refused  by  the 
King  this  year,  and  the  Pope,  giving  him  three  months  to  return  to 
obedience,  threatens,  if  he  docs  not,  to  proceed  seriously  against 
him. 

About  three  weeks  ago  a  person  called  on  me,  and  informed  mc 
that  Silas  Dt-ane  had  taken  him  in  for  a  sum  of  one  hundred  and 
twenty  guinr-as  ;  and  that  being  unable  to  obtain  any  other  sati^fac- 
tion,  he  had  laid  hands  on  his  account-boi)k  and  letter-book,  and  had 
brouiiht  them  oil'  to  Paris,  to  offer  iliem  fust  to  the  United  States,  if 
they  would  rej)ay  him  his  money,  and,  if  not,  that  he  should  return 
to  Ixjndon,  and  oiYr  ihcni  to  the  British  Minister.  I  desired  him  to 
leave  them  with  nie  four  and  twenty  hours,  that  I  might  judge 
whether  they  were  worth  our  notice,      lie  did  so.     Tliey  were  two 


DIPLOMATIC  CORRESPONDENCE.  I77 

volumes.  One  contained  all  his  accounts  with  the  United  States, 
from  his  first  coming  to  Europe  to  January  10,  1781.  Presuming 
that  the  Treasury  Board  was  in  possession  of  this  account  till  his 
arriv-al  in  Philadelphia,  August,  1778,  and  that  he  had  never  giv^en 
in  the  subsequent  part,  I  had  that  subsequent  part  copied  from  the 
book,  and  now  enclose  it,  as  it  may  on  some  occasion  or  other, 
perhaps,  be  useful  in  the  Treasury  office.  The  other  volume 
contained  all  his  correspondencies  from  March  29th  to  August  23d, 
1777.  I  had  a  list  of  the  letters  taken,  by  their  dates  and  addresses, 
which  will  enable  you  to  form  a  general  idea  of  the  collection  on  the 
perusal  of  many  of  them.  I  thought  it  desirable  that  they  should 
not  come  to  the  hands  of  the  British  INIinister ;  and  from  an  expres- 
sion dropped  by  the  possessor  of  them,  I  believe  he  would  have 
fallen  fifty  or  sixty  guineas.  I  did  not  think  them  important  enough, 
however,  to  justify  my  purchasing  them  without  authority,  though 
with  authority  I  should  have  done  it.  Indeed,  I  would  have  given 
that  sum  to  cut  out  a  single  sentence,  which  contained  evidence  of  a 
fact  not  proper  to  be  committed  to  the  hands  of  enemies.  I  told 
him  I  would  state  his  proposition  to  you,  and  await  orders.  I  gave 
him  back  the  books,  and  he  returned  to  London  without  making  any 
promise  that  he  would  await  the  event  of  the  orders  you  might  think 
proper  to  give. 

News  of  the  accession  of  nine  States  to  the  new  form  of  Federal 
Government  has  been  received  here  about  a  week.  I  have  the  honor 
to  congratulate  you  sincerely  on  this  event.  Of  its  effect  at  home 
you  are  in  the  best  situation  to  judge.  On  this  side  the  Atlantic  it 
is  considered  as  a  very  wise  reformation.  In  consequence  of  this, 
speculations  are  already  begun  here  to  purchase  up  our  domestic 
liquidated  debt.  Indeed,  I  suspect  that  orders  may  have  been 
previously  lodged  in  America  to  do  this  as  soon  as  the  new  Constitu- 
tion was  accepted  effectually.  If  it  is  thought  that  this  debt  should 
be  retained  at  hone,  there  is  not  a  moment  to  lose ;  and  I  know  of 
no  means  of  retaining  it  but  those  I  suggested  to  the  Treasury 
Board  in  my  letter  to  them  of  JMarch  29th.  The  transfer  of  these 
debts  to  Europe  will  excessively  embarrass,  and  perhaps  totally 
prevent,  the  borrowing  any  money  in  Europe  till  these  shall  be  paid 
off.  This  is  a  momentous  object,  and  in  my  opinion  should  receive 
instantaneous  attention.  The  gazettes  of  France  to  the  departure 
of  my  letter  will  accompany  it,  and  those  of  Leyden  to  tlie  22d  of 
Vol.  n.— 12 


178  THOMAS  JEFFERSON— JOHN  JAY. 

July,  at  which  time  their  distribution  in  this  country  was  prohibited. 
How  long  the  prohibition  may  continue  I  cannot  tell.  As  far  as  I 
can  judge,  it  is  the  only  paper  in  Europe  worth  reading.  Since  the 
suppression  of  the  packet  boats  I  have  never  been  able  to  find  a  safe 
conveyance  for  a  letter  to  you  till  the  present  by  INIrs.  Barclay. 
Whenever  a  confidential  person  shall  be  going  from  thence  to 
London  I  shall  send  my  letters  for  you  to  the  care  of  ]\Ir.  Trumbull, 
who  will  look  out  for  safe  conveyances.  This  will  render  the  epochs 
of  my  writing  very  irregular.  There  is  a  proposition  under  consid- 
eration for  establishing  packet  boats  on  a  more  economical  plan  from 
Havre  to  Boston.  But  its  success  is  uncertain,  and  still  more  its 
duration. 
I  have  the  honor  to  be,  &:c.,  TH:  JEFFERSON. 


Reply  of  the  King  to  the  Deputies  and  Commissioners  of  the  States 

of  Brittany. 

Translation.  « 

I  have  read  the  memorial  which  you  delivered  me.  I  had  already 
read  that  which  preceded  it,  and  you  need  not  have  recalled  them  to 
my  memory. 

I  shall  always  receive  any  representations  which  arc  made  to  me 
in  the  forms  prescribed. 

The  assembly  which  deputed  twelve  gentlemen  were  not  author- 
ized, not  having  asked  permission  for  the  purpose.  Those  deputies 
have  themselves  convoked  a  more  irregular  assembly  at  Paris.  I 
have  thought  it  proper  to  punish  them.  The  means  to  merit  my 
clemency  is  not  to  continue  in  Brittany,  by  illegal  assemblies,  the 
cause  of  my  discontent.  The  commissions  which  you  have  been 
charged  with,  to  request  the  recstablishment  of  Brittany,  must  not 
prcrcde  the  conduct  they  must  observe.  They  must  not  solicit  for 
a  mark  of  my  confidence,  while  lam  forced  to  give  them  these  of  my 
animadversion. 

But  llies(;  personal  punishments,  which  the  good  order  and 
maintenance  of  my  aiuhority  require,  do  not  in  any  manner  alter  my 
aflfcrtion  for  my  province  of  Brittany. 

Your  States  will  be  assembled  in  th(^  month  of  October.  Jt  is 
from   them  that   I  shall   know  the  views  of  the  province.     I  will 


DIPLOxMATIC  CORRESPONDENCE.  I79 

attend  to  their  representations,  and  will  have  that  regard  for  them 
which  they  may  merit.     Your  privileges  shall  be  considered. 

In  shewing  me  fidelity  and  submission,  all  may  hope  for  my 
goodness ;  and  the  greatest  complaint  that  my  subjects  will  have  in 
their  power  against  me,  is  forcing  me  to  acts  of  rigor  and  severity. 

My  intention  is  that  you  return  to-morrow  to  your  functions. 


Extract  from  Silas  Deane's  Account  BooJc — Account  against 

Congress. 

Livres. 

Amount  brought  up 186,518    2  10 

Sundries,  (advances  made  to  several  ofBcers) 20,000    0    0 

1779.  To  my  expenses  in  Philadelphia,  from  August,  1778,  to  Novem- 
ber, 1779,  for  myself,  servant,  and  three  horses,  being  fifteen 
months,  which  I  paid,  part  in  hard  money,  part  in  paper, 
which,  computed  at  90  livres  per  week,  though  less  than  what 
it  cost  me,  I  am  content  with,  fifteen  months  is  sixty-five 

weeks,  at  90 5,850    0    0 

Mvember,  1780.     To  expenses  of  journey  to  Vii^inia,  in  continental 

currency,  dollars 2,658| 

To  do.  paid  board  and  lodging  at  Williamsburg,  in  Vir- 
ginia   18,193i 

Do.  paid  in  two  journeys  to  Petersburg  and  Richmond,  1,256^ 
Do.  paid  at  York,  and  paid  for  sundries  whilst  waiting 
for  a  passage 4,845| 

26,954 
Thirty  for  one,  the  medium  rate  of  exchange  at  the  time  is  898j 

dollars,  or  in  livres 4,492    10    0 

June.     To  paid  for  rum,  sugar,  tea,  &c.,  &c.,  for  passage 625    0    0 

Passage  for  self,  secretary,  and  servant 1,500    0    0 

The  maitrc  d'hotel  and  servant  on  board  the  Roderique 120  10    0 

July.     Expenses  at  Rochefort 296  19    0 

Do.  at  Rochelle '. 96  15    0 

Hire  of  the  voirture  to  Nantes 96    0    0 

^tigust.     On  the  road  to  Nantes  for  horses,  &c 214  11     0 

Expenses  at  Nantes 353     4    0 

Posts  to  Paris,  and  expenses  on  the  road 415     0    0 

Hire  of  the  carriage  from  Nantes  to  Paris 120     0     0 

To  cash  advanced  Captain  Hy.  Johnson,  April,  1778,  as  per 

his  receipt,  dated  December  12,  1778 204     4    0 

July.  To  my  time,  from  June  4th,  1778,  to  July,  1780,  being  two 
years  and  one  month  for  myself,  secretary,  and  servant,  the 
use  of  my  horses,  carriage,  &c.,  in  America,  during  which 
time  I  attended  solely  on  Congress,  and  in  returning  to  settle 

Carried  forward 220,902  15  10 


180  THOMAS  JEFFERSON— JOHN  JAY. 

Litres. 

Brought  forward 220,902  15  10 

their  accounts,  for  which  an  allowance  of  10,000  livres  per 

annum  will  not  be  unreasonable 20,8G3    6    4 

To  my  time,  for  self,  secretary,  and  expenses  in  settling  the 
accounts  of  Congress,  six  months,  which,  considering  it  was 
not  my  duty  to  settle  them,  except  my  own  private  one,  and 
that  a  large  balance  was  my  due,  and  the  expense  and  loss  of 
time  wliich  I  have  incurred,  cannot  be  estimated  at  a  lower 
allowance  than 13,000    0    0 

To  cash  paid  W.  T.  Franklin  towards  family  expenses,  bj'  an 
order  on  M.  Grand,  which  is  charged  in  my  account  with 
Congress,  by  M.  Grand,  September  26th,  1777 4,000    0    0 

To  one  year's  wages  of  La  Farque,  from  July,  1777,  to  July, 
1778,  after  which  I  consider  his  wages  in  the  general  estimate 
fortime,&c 1,440    0    0 

To  wrong  charge  of  April  9th,  1777,  being  the  disbursements 
on  sloop  Dolphin  at  Havre,  by  M.  Eyries,  who  transacted 
the  business,  and  at  that  time  to  cover  his  having  concurred 
in  the  equipping  of  armed  vessels  for  Congress,  drew  under 
the  signature  of  Harcourt 9,706  16    5 

To  wrong  charge,  included  in  the  general  of  30tli  March,  1778, 
viz  :  moneys  paid  Mr.  Williams,  for  which  .said  Williams 
has  accounted,  being  the  bills  drawn  by  said  Williaiis  on 
public  account,  accepted  by  me  as  were  most  of  his  bills, . . .  2,973    0    0 

To  wrong  charge  in  Solier's  account  to,  amount  of 48,252    0    0 

N.  B.  The  whole  received  by  Silas  Deane,  of  Solier,  on  his 
private  account  and  use,  was  10,784  livres  ;  the  rest  was 
received  on  account  of  Robert  Morri.s,  Esq.,  and  is  by 
Plearnc,  Penet  &  Co.  charged  to  said  Morris,  in  his  private 
account  with  them,  as  may  bo  seen  by  their  account  trans- 
milted  to  said  Morris. 

To  cash  charged  by  M.  Grand,  di  livered  to  ordrr  of  Franklin 
and  Deane,  paid  La  Farque,  December  21st,  1777,  (being  for 
expenses  at  Passy) 2,400    0    0 

To  sundry  bills  paid  by  Doctor  Franklin  after  my  leaving 
France. 

To  caxh  paid  Bousies's  bill  for  wine,  January  and  Ajiril,  177^!, 

BB  per  nrceipt  September  18tli,  17«0 294     0     0 

Janxuiry,  1781.     To  jiaid   bill   fur  j)ainling  coach-wheels,  Novi mber, 

1""7 16    0    0 

323,847  17     7 
Deduct  wrong  charges    in   sundry   entries,  entered  before  in 

page  fifty. . .; r. .. . i 9,706  6  5 

2,973  0  0 
4,825  2  4 
60,932    0    5 

262,915  17    2 


DIPLOMATIC  CORRESPONDENCE.  181 

FROM   THOMAS   JEFFERSON    TO    JOHN   JAY. 

Paris,  August  10,  1788. 

Sir, 

I  have  waited  till  the  last  moment  of  Mrs.  Barclay's  departure  to 
write  you  the  occurrences  since  my  letter  of  3d  instant.  We  have 
received  the  Swedish  account  of  an  engagement  between  their  fleet 
and  the  Russian,  on  the  Baltic,  wherein  they  say  they  took  one  and 
burnt  another  Russian  vessel,  with  the  loss  of  one  on  their  side,  and 
that  the  victory  remained  with  them.  They  say  at  the  same  time 
that  their  fleet  returned  into  port,  and  the  Russians  kept  the  sea. 
We  must  therefore  suspend  our  opinion  till  we  get  the  Russian 
version  of  this  engagement.  The  Swedish  manifesto  was  handed 
about  to-day  at  Versailles,  by  the  Swedish  Ambassador,  in  manu- 
script. The  King  complains  that  Russia  has  been  ever  endeavoring 
to  sow  dissensions  in  his  kingdom,  in  order  to  reestablish  the  ancient 
constitution ;  that  he  has  long  borne  it  through  a  love  of  peace,  but 
finds  it  no  longer  bearable ;  that  still,  however,  he  will  make  peace 
on  these  conditions:  1st,  that  the  Empress  punishes  her  Minister 
for  the  note  he  gave  into  the  Court  of  Stockholm ;  2d,  that  she 
restores  the  Crimea  to  the  Turks ;  and  3d,  that  she  repays  to  him  all 
the  expenses  of  his  armament.  The  Russian  force  in  vessels  of 
war  on  the  Black  sea — fiv'e  frigates  and  three  ships  of  the  line — are 
shut  up  in  port,  and  cannot  come  out  till  Oczakow  shall  be  taken. 
This  fleet  is  commanded  by  Paul  Jones,  with  the  rank  of  Rear 
Admiral.  The  Prince  of  Nassau  commands  the  galleys  and  gun- 
boats. It  is  now  ascertained  that  the  States  General  will  assemble 
the  next  year,  and  probably  in  the  month  of  May.  Tippoo  Saib's 
Ambassadors  had  their  reception  this  day  at  Versailles  with  unusual 
pomp.  The  presence  was  so  numerous  that  little  could  be  caught 
of  what  they  said  to  the  King,  and  he  answered  to  them.  From 
what  little  I  could  hear,  nothing  more  passed  than  mutual  assurances 
of  good  will.  The  name  of  the  Mareschal  de  Richlieu  is  sufficiently 
remarkable  in  history  to  justify  my  mentioning  his  death,  which 
happened  two  days  ago ;  he  was  aged  92  years. 

I  have  the  honor  to  be,  Etc.,  TH :  JEFFERSON. 


182  THOMAS  JEFFERSON— JOHN  JAY. 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  August  11,  1788. 

Sir, 

In  my  letter  of  the  last  night,  written  in  the  moment  of  Mrs. 
Barclay's  departure,  I  had  the  honor  of  mentioning  to  you  that  it 
was  now  pretty  certain  tliat  the  States  General  would  he  assemhled 
in  the  next  year,  and  probably  in  the  month  of  ]May.  This  morning 
an  arret  is  published,  announcing  that  their  meeting  is  fixed  at  the 
first  day  of  May  next,  of  which  I  enclose  you  a  copy  by  post,  in 
hopes  it  will  get  to  Bordeaux  in  time  for  Mrs.  Barclay.  This  arret 
ought  to  have  a  great  effect  towards  tranquillizing  the  nation.  There 
are  still,  however,  two  circumstances  which  must  continue  to  perplex 
the  Administration.  The  first  is  the  want  of  money,  occasioned  not 
only  by  the  difficulty  of  filling  up  the  loan  of  the  next  year,  but  by 
the  withholding  the  ordinary  supplies  of  taxes,  which  is  said  to  have 
taken  place  in  some  instances.  This  gives  apprehension  of  a  bank- 
ruptcy under  some  form  or  other,  and  has  occasioned  the  stocks  to 
fall  in  the  most  alarming  manner.  The  second  circumstance  is,  that 
justice,  both  civil  and  criminal,  continues  suspended.  The  Parlia- 
ment will  not  resume  their  functions  but  with  tlie  whole  body,  and 
the  greater  part  of  the  baillages  decline  acting.  The  present  arret 
announces  a  perseverance  in  this  plan. 

I  am  informed  from  Algiers,  of  the  5th  of  June,  that  the  plague  is 
raging  there  with  great  violence ;  that  one  of  our  captives  was  dead 
of  it,  and  another  ill;  so  that  we  have  there  in  all  now  only  fifteen 
or  sixteen ;  that  the  captives  are  more  exposed  to  its  ravages  than 
others;  that  the  great  redemptions  by  the  Spaniards,  Portuguese, 
and  Neapolitans,  and  the  havoc  made  by  the  plague  had  now  left 
not  more  than  four  hundred  slaves  in  Algiers,  so  that  their  redemp- 
tion was  not  only  become  exorbitant,  but  almost  inadmissible;  that 
common  sailors  were  held  at  four  hundred  pounds  sterling,  and  that 
our  fifteen  or  sixteen  could  probably  not  be  redeemed  for  less  than 
from  twenty-five  to  thirty  liiousand  dollars.  An  Algerinc  cruiser 
having  twenty-eight  captives  of  Genoa  aboard,  was  lately  chased 
asiiorc  by  two  Neapolitan  vessels.  The  crew  and  captives  got  safe 
ashore,  and  the  latter  of  course  recovered  their  freedom.  The 
Algerine  rrcw  was  well  treated,  and  would  be  sent  back  by  th.e 
French,  but   the  Governnu;nt    of  Algiers   demand   of  France   sixty 


1 


DIPLOMATIC  CORRESPONDENCE.  Ig3 

thousand  sequins  or  twenty-seven  thousand  pounds  sterling  for  the 
captives  escaped ;  that  is  nearly  one  thousand  pounds  each.  The 
greater  part  of  the  Regency  were  for  an  immediate  declaration  of  war 
against  France ;  hut  the  Dey  urged  the  heavy  war  the  Turks  were 
at  present  engaged  in,  that  it  would  be  better  not  to  draw  another 
Power  on  them  at  present ;  that  they  would  decline  renewing  the 
treaty  of  one  hundred  years,  which  expired  two  years  ago,  so  as  to 
be  free  to  act  hereafter;  but  for  the  present  they  ought  to  accept 
payment  for  the  capture  as  a  satisfaction.  They  accordingly 
declared  to  the  French  Consul  that  they  would  put  him  and  all  his 
countrymen  into  irons,  unless  the  sixty  thousand  sequins  were  paid. 
The  Consul  told  him  his  instructions  were  positively  that  they 
should  not  be  paid.  In  this  situation  stood  matters  between  that 
pettifogging  nest  of  robbers  and  this  great  kingdom,  which  will  finish, 
probably,  by  crouching  under  them,  and  paying  the  sixty  thousand 
sequins.  From  the  personal  characters  of  the  present  Administration, 
I  should  have  hoped,  under  any  other  situation  than  the  present, 
they  might  have  ventured  to  quit  the  beaten  track  of  politics  hitherto 
pursued,  in  which  the  honor  of  their  nation  has  been  calculated  at 
nought,  and  to  join  in  a  league  for  keeping  up  a  perpetual  cruise 
against  the  pirates,  which,  though  a  slow  operation,  would  be  a  sure 
one  for  destroying  all  their  vessels  and  seamen,  and  turning  the  rest 
of  them  to  agriculture.  But  a  desire  of  not  bringing  upon  them 
another  difficulty,  will  probably  induce  the  Ministers  to  do  as  their 
predecessors  have  done.  The  enclosed  paper  of  this  morning  gives 
some  particulars  of  the  action  between  the  Russians  and  Swedes, 
the  manifesto  of  the  Empress,  and  the  declaration  of  the  Court  of 
Versailles  as  to  the  affair  of  Trincomali. 

I  have  the  honor  to  be,  &:c.,  TH :  JEFFERSON. 


FROM    JOHN    JAY    TO    THOMAS    JEFFERSON. 

OfSce  for  Foreign  Affairs,  November  25,  1788. 

Dear  Sir, 

JNIy  last  to  you  was  dated  the  23d  September  last.     It  mentioned 

my  having  received  your  letters  of  4th,  23d,  and  30th  May.    I  have 

since  been  favored  with  four  others,  viz:  29th  July,  and  3d,  10th, 

and  lUh  August,  with  the  papers  mentioned  to  be  enclosed.     They 


1S4  THOMAS  JEFFERSON— JOHN  JAY. 

have  not  been  laid  before  Congress,  although  I  transmitted  them  to 
the  President  for  that  purpose ;  for  a  sufficient  number  of  members 
to  form  a  House  have  not  since  convened.  The  members  present 
have,  nevertheless,  read  them.  The  occurrences  they  mention  are 
interesting,  and  your  attention  in  transmitting  them  gives  pleasure. 
The  circumstance  of  Mr.  Deane's  letter-book  and  account-book 
being  offered  to  you  for  sale  is  a  singular  one.  I  wish  you  had 
purchased  them.  On  this  subject  I  cannot,  indeed,  give  you  any 
instructions  or  authority ;  but  I  will  venture  to  advise  you  in  express 
terms  to  make  the  purchase.  I  have  no  doubt  that  Congress  will  be 
satisfied  with  it.  To  me  it  appears  expedient,  and  the  same  opinion 
prevails  among  the  members  of  Congress  who  have  read  your 
letter. 

I  enclose  a  copy  of  a  letter  of  the  5th  of  August  last  from  Mr. 
Robert  Montgomery,  at  Alicant.  I  find  his  letter  was  a  copy  ;  the 
original  never  came  to  my  hands.  The  facts  stated  in  this  letter 
merit  attention,  and,  as  the  business  it  alludes  to  is  in  your  depart- 
ment, I  take  the  earliest  opportunity  of  making  this  communication. 
To  me  it  appears  highly  probable  that  every  maritime  nation  in 
Europe  is  well  content  that  war  should  subsist  between  Bai'bary  and 
the  United  States,  and  in  my  opinion  none  of  them  (except  perhaps 
Spain  for  particular  reasons)  will  really  and  sincerely  promote  any 
measures  tending  to  the  establishment  of  peace  between  us.  If  this 
be  so,  it  is  important  that  as  much  secrecy  as  possible  should  be 
observed  in  all  our  proceedings  relative  to  that  object.  I  wish  the 
Porte  could  be  sounded  on  this  subject.  Overtures  for  a  treaty  from 
us  to  that  Court  made  at  this  period  \vou\c\  probably  be  grateful,  and 
might  eventually  terminate  all  our  difficulties  with  Algiers,  &:c., 
especially  as  the  Emperor  of  Morocco  will  promote  it. 

Much  remains  to  be  done,  and  nmeh  to  be  attempted  ;  but  without 
a  compftciit  (iovcrnment  and  ade(juatc  funds  no  national  affairs  can 
be  wfll  managed. 

Mr.  Nrshii  will  deliver  this  Irtt'T  to  yon,  and  you  will  find 
enclosed  with  it,  one  directed  to  Mr.  ('annichael,  and  there  is  in  it 
a  cypher  for  him.  IJc  so  obliging,  therefore,  as  to  keep  it  by  you, 
and  if  possible  out  of  the  roach  of  the  policf?,  until  you  can  have  an 
opportunity  of  sending  it  to  him  by  some  person  of  confidence. 

.Mr.  Gouvemeur  Morris  expects  to  sail  in  the  same  vessel  with 
Mr.  IN'esbit,  and  will  either  iro  with  or  soon  follow  him  to  I'aris.     As 


DIPLOMATIC  CORRESPONDENCE.  I35 

you  are  personally  acquainted  with  this  gentleman,  it  cannot  be 
necessary  for  me  to  introduce  him  to  you,  or  recommend  him  to  your 
friendly  attentions.  It  is  in  his  power  to  give  you  minute  information 
on  many  interesting  subjects. 

With  sincere  esteem  and  regard,  k,c.,  JOHN  JAY. 


FROM    THOMAS    JEFFERSON    TO    WILLIAM    CARMICHAEL. 

Paris,  August  12,  1788. 
Dear  Sir, 
Since  my  last  to  you  I  have  been  honored  with  yours  of  the  18th 
and  29th  of  May,  and  5th  of  June.  My  latest  American  intelligence 
is  of  the  24th  of  June,  when  nine  certainly,  and  probably  ten  States 
had  accepted  the  new  Constitution,  and  there  was  no  doubt  of  the 
eleventh,  (North  Carolina.)  because  there  was  no  opposition  there. 
In  New  York  two  thirds  of  the  State  were  against  it,  and  certainly, 
if  they  had  been  called  to  the  decision  in  any  other  stage  of  the 
business,  they  would  have  rejected  it ;  but  before  they  put  it  to  the 
vote,  they  would  certainly  have  heard  that  eleven  States  had  joined  in 
it,  and  they  would  find  it  safer  to  go  with  those  eleven  than  put 
themselves  in  opposition,  with  Rhode  Island  only.  Though  I  am 
pleased  with  this  successful  issue  of  the  new  Constitution,  yet  I  am 
more  so  to  find  that  one  of  its  principal  defects  (the  want  of  a  decla- 
ration of  rights)  will  pretty  certainly  be  remedied.  I  suppose  this 
because  I  see  that  both  people  and  conventions  in  almost  every  State 
have  concurred  in  demanding  it.  Another  defect,  the  perpetual 
reehgibility  of  the  same  President,  will  probably  not  be  cured  during 
the  life  of  General  Washington.  His  merit  has  blinded  our  country- 
men to  the  danger  of  making  so  important  an  officer  reeligible.  I 
presume  there  will  not  be  a  vote  against  him  in  the  United  States. 
It  is  more  doubtful  who  will  be  Vice  President.  The  age  of  Dr. 
Franklin,  and  the  doubt  whether  he  would  accept  it,  are  the  only 
circumstances  that  admit  a  question,  but  that  he  would  be  the  man. 
After  these  two  characters  of  first  magnitude,  there  are  so  many 
which  present  themselves  equally,  on  the  second  line,  that  we  cannot 
see  which  of  them  will  be  singled  out.  John  Adams,  Hancock,  Jay, 
Madison,  Rutledge,  will  be  all  voted  for.  Congress  has  acceded  to 
the  prayers  of  Kentucky,  to  become  an  independent  member  of  the 


186  THOMAS  JEFFERSON— JOHN  JAY. 

Union.  A  committee  was  occupied  in  settling  the  plan  of  receiving 
them,  and  their  government  is  to  commence  on  the  1st  day  of  Jan- 
uar}'  next. 

You  are,  I  dare  say,  pleased,  as  I  am,  with  the  promotion  of  our 
countryman,  Paul  Jones.  He  commanded  the  right  wing  in  the 
first  enfjafjement  between  the  Russian  and  Turkish  ffalleys.  His 
absence  from  the  second,  proves  his  superiority  over  the  Captain 
Pacha,  as  he  did  not  choose  to  bring  his  ships  into  the  shoals  in 
which  the  Pacha  ventured,  and  lost  those  entrusted  to  him.  I  con- 
sider this  officer  as  the  principal  hope  of  our  future  efforts  on  the 
ocean.  You  will  have  heard  of  the  action  between  the  Swedes  and 
Russians  on  the  Baltic.  As  yet,  we  have  only  the  Swedish  version 
of  it.  I  apprehend  this  war  must  catch  from  nation  to  nation,  till  it 
becomes  general. 

With  respect  to  the  internal  affairs  of  this  country,  I  hope  they 
will  be  finally  arranged,  and  without  having  cost  a  drop  of  blood. 
Lookijig  on  as  a  bystander,  no  otherwise  interested  than  as  enter- 
taming  a  sincere  love  for  the  nation  in  general,  and  a  wish  to  see 
their  happiness  promoted,  keeping  myself  clear  of  the  particular 
views  and  passions  of  individuals,  I  ap})laud  extremely  the  patriotic 
proceedings  of  the  present  Ministry.  Provincial  Assemblies  estab- 
lished, the  States  General  called,  the  riglit  of  taxing  the  nation 
without  their  consent  abandoned,  corvecs  abolished,  torture  abolished, 
the  criminal  code  refonned,  are  facts  which  will  do  etemal  honor  to 
their  administration  in  history.  Rut  were  I  their  historian,  I  should 
not  equally  applaud  their  total  abandonment  of, their  foreign  affairs. 
A  bolder  front  in  the  beginning  would  have  prevented  the  first  loss, 
and  consequently  all  the  others.  Holland,  Prussia,  Turkey,  and 
Sweden  lost,  without  the  acquisition  of  a  single  new  ally,  are  painful 
reflections  fur  the  friends  of  France.  They  may,  ind(>ed,  have  in 
their  places  the  two  empires,  and  perhaps  Denmark,  in  which  case, 
physically  speaking,  they  will  stand  on  as  good  ground  as  br'fore ;  but 
not  on  as  good  moral  ground.  Perhaj)s,  seeing  more  of  tlie  internal 
working  of  the  machine,  they  saw  more  than  we  do,  the  physical 
impossibility  of  having  money  to  carry  on  a  war.  Their  justification 
must  depend  on  this,  and  their  atonement  in  the  eternal  good  they 
are  doing  to  their  countr)'.     This  makes  me  completely  their  friend. 

I  am,  with  great  respect,  sir,'&ic., 

Til:  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  187 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  August  26,  1788. 

Sir, 

I  had  the  honor  to  write  to  you  on  the  3d,  10th,  and  11th  instant, 
with  a  postscript  of  the  12th,  all  of  which  went  by  Mrs.  Barclay. 
Since  that  date  we  received  an  account  of  the  third  victory  obtained 
by  the  Russians  over  the  Turks  on  the  Black  sea,  in  which  the 
Prince  of  Nassau,  with  his  galleys,  destroyed  two  frigates,  three 
smaller  vessels,  and  six  galleys.  The  Turkish  power  on  that  sea  is 
represented  by  their  enemies  as  now  annihilated.  There  is  reason 
to  believe,  however,  that  this  is  not  literally  true,  and  that,  aided  by 
the  supplies  furnished  by  the  English,  they  are  making  extraordinary 
efforts  to  reestablish  their  marine.  The  Russian  Minister  here  has 
shewn  the  oflicial  report  of  Admiral  Greigh  on  the  combat  of  July 
17th,  in  which  he  claims  the  victory,  and  urges  in  proof  of  it  that  he 
kept  the  field  of  battle.  His  report  is  said  to  have  been  written  on 
it.  As  this  paper,  together  with  the  report  of  the  Swedish  Admiral, 
is  printed  in  the  Ley  den  Gazette  of  the  15th  instant,  I  enclose  it  to 
you.  The  Court  of  Denmark  has  declared  it  will  fmiiish  to  Russia 
the  aid  stipulated  in  their  treaty ;  and  it  is  not  doubted  they  will  go 
beyond  this,  and  become  principals  in  the  war.  The  next  probable 
moves  are  that  the  King  of  Prussia  will  succor  Sweden  and  Poland 
against  Russia  by  land,  and  a  possible  consequence  is,  that  England 
may  send  a  squadron  into  the  Baltic  to  restore  the  equilibrium  in  that 
sea. 

In  ray  letter  of  the  11th,  I  observed  to  you  that  this  country 
would  have  two  difhculties  to  struggle  with  till  the  meeting  of  their 
States  General,  and  that  one  of  these  was  the  want  of  money. 
This  has,  in  fact,  overborne  all  theii'  resources,  and  the  day  before 
yesterday  they  published  an  arret,  suspending  all  reimbursements  of 
capital,  and  reducing  the  payments  of  the  principal  mass  of  demands 
for  interest  to  twelve  sous  in  the  livre,  the  remaining  eight  sous  to  be 
paid  with  certificates.  I  enclose  you  a  newspaper,  with  the  arret. 
Li  this  paper  you  will  see  the  exchange  of  yesterday;  and  I  have 
inserted  that  of  the  day  before,  to  shew  you  the  fall.  The  con- 
sternation is  as  yet  too  great  to  let  us  judge  of  the  issue.  It  will 
probably  open  the  public  mind  to  the  necessity  of  a  change  in  their 
Constitution,  and  to  the  substituting  the  collected  wisdom  of  the 
whole  in  place  of  a  single  will,  by  which  they  have  been  hitlierto 


188  THOMAS  JEFFERSON- JOHN  JAY. 

governed.  It  is  a  remarkable  proof  of  the  total  incompetency  of  a 
single  head  to  govern  a  nation  well,  when,  with  a  revenue  of  six 
hundred  millions,  they  are  led  to  a  declared  bankruptcy,  and  to  stop 
tlie  wheels  of  Government,  even  in  its  most  essential  movements, 
for  want  of  money. 

I  send  you  the  present  letter  by  a  private  conveyance  to  a  sea-port, 
in  hopes  a  conveyance  may  be  found  by  some  merchant  vessel. 

1  have  the  honor  to  be,  k,c., 

TH:  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  September  3,  1788. 
Sir, 

By  Mrs.  Barclay  I  had  the  honor  of  sending  you  letters  of  the  3d, 
10th,  and  11th  of  August;  since  which  I  wrote  you  of  the  20th  of 
the  same  month  by  a  casual  conveyance,  as  is  the  present. 

In  my  letter  of  the  20tli  I  informed  you  of  the  act  of  public  bank- 
ruptcy which  had  taken  place  here.  The  effect  of  this  would  have 
been  a  forced  loan  of  about  one  hundred  and  eighty  millions  of  livres 
in  the  course  of  the  present  and  ensuing  year.  But  it  did  not  yield 
a  suflicicnt  immediate  relief.  The  Treasury  became  literally  money- 
less, and  all  purposes  depending  on  this  mover  came  to  a  stand. 
The  Archbishop  was  hereupon  removed,  with  Monsieur  Lambert,  the 
Comptroller  General,  and  M.  Necker  was  called  in  as  Director 
General  of  Finance.  To  soften  the  Archbishop's  dismission,  a  Car- 
dinal's hat  is  asked  for  him  at  Rome,  and  his  nephew  promised  the 
succession  to  the  Archbishopric  of  Sens.  The  public  joy  on  this 
change  of  Administration  was  very  great,  indeed.  The  people  of 
Paris  were  amusing  themselves  with  tryiu'^f  and  burning  the  Arch- 
bishop in  effigy,  and  rejoicing  on  the  appointment  of  I\I.  Necker. 
TIjc  commanding  officer  of  the  city  guards  undertook  to  forbid  this, 
and  not  being  obeyed,  he  charged  the  mob  willi  fixed  bayonets,  killed 
two  or  three,  and  wounded  many.  'J^iiis  st()])[)ed  their  njoicing  for 
that  day;  but,  enraged  ;it  being  ibiis  ojjslmeted  in  amusements 
wbrniii  they  bad  eoiiiinilled  no  disorder  whatever,  they  collected  in 
great  numbers  the  in-xl  day,  attael<<-d  the  guards  in  various  places, 
burnt  ten  or  twelve  guai(i-Iious<;s,  killed  two  or  three;  guards,  and  had 
about  six  or  eight  of  their  own  number  killed.     The  city  was  here- 


DIPLOMATIC  CORRESPONDENCE.  189 

upon  put  under  martial  law,  and  after  awhile  the  tumult  subsided 
and  peace  was  restored.  The  public  stocks  rose  ten  per  cent,  on  the 
day  of  M.  Necker's  appointment.  He  was  immediately  offered 
considerable  sums  of  money,  and  has  been  able  so  far  to  waive  the 
benefit  of  the  act  of  bankruptcy  as  to  pay,  in  cash,  all  demands 
except  the  remboursements  des  capitaux.  For  these,  and  for  a  sure 
supply  of  other  wants,  he  will  depend  on  the  States  General,  and 
will  hasten  their  meeting,  as  is  thought.  No  other  change  has  yet 
taken  place  in  the  Administration.  The  Minister  of  War,  however, 
must  certainly  follow  his  brother,  and  some  think,  and  all  wish,  that 
Monsieur  de  Lamoignon,  the  Garde  des  sceaux,  may  go  out,  also. 
The  administration  of  justice  is  still  suspended.  The  whole  kingdom 
seems  tranquil  at  this  moment. 

Abroad  no  event  worth  noticing  has  taken  place  since  my  last. 
The  Court  of  Denmark  has  not  declared  it  will  do  anything  more 
than  furnish  the  stipulated  aid  to  Russia.  The  King  of  Prussia  has 
as  yet  made  no  move  which  may  decide  whether  he  will  engage  in 
the  war,  nor  has  England  sent  any  squadron  into  the  Baltic.  As  the 
season  for  action  is  considerably  passed  over,  it  is  become  more 
doubtful  whether  any  other  Power  will  enter  the  lists  till  the  next 
campaign.  This  will  give  time  for  stopping  the  further  progress  of 
the  war,  if  they  really  wish  to  stop  it.  Two  camps,  of  twenty-five 
thousand  men  each,  are  forming  in  this  country,  on  its  northern  limits. 
The  Prince  of  Conde  has  the  command  of  one,  and  the  Duke  de 
Broglio  of  the  other. 

I  trouble  you  with  the  enclosed  letter*  from  a  Henry  Watson, 
claiming  prize  moneys,  as  having  served  under  Admiral  Paul  Jones, 
which  I  suppose  should  go  to  the  Treasury  or  War  Office. 

I  have  the  honor  to  be,  &£c.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  September  6,  1788. 

Sir, 
I  wrote  you  on  the  3d  instant,  and  have  this   day  received  Mr. 
Remsen's  favor  of  July  25th,  written  during  your  absence  at  Pough- 
keepsie,  and  enclosing  the  ratification  of  the  loan  of  a  million  of 

*  Sent  to  the  Board  of  Treasury,  25th  February,  1789. 


190  THOMAS  JEFFERSON- JOHN  JAY. 

florins  for  which  Mr.  Adams  had  contracted  bonds  at  Amsterdam  in 
March  last.  The  expediency  of  that  loan  resulting  from  an  estimate 
made  by  Mr.  Adams  and  myself,  and  that  estimate  having  been  laid 
before  Congress,  their  ratification  of  the  loan  induces  a  presumption 
that  they  will  appropriate  the  money  to  the  objects  of  the  estimate. 
I  am  in  hopes,  therefore,  that  orders  are  given  by  the  Treasury  Board 
to  the  Commissioners  of  the  loans  at  Amsterdam  to  apply  these 
moneys  accordingly,  and  especially  to  furnish,  as  soon  as  they  shall 
have  it,  what  may  be  necessary  for  the  redemption  of  our  captives 
at  Algiers,  which  is  a  pressing  call.  I  am  not  without  anxiety, 
however,  on  this  subject,  because,  in  a  letter  of  July  22d,  received 
this  day  from  the  Treasury  Board,  they  say  nothing  on  that  subject, 
nor  on  the  arrearages  of  the  foreign  officers.  They  enclose  me  tlie 
order  of  Congress  of  the  18th  July,  for  sen'ding  to  the  Treasury 
Board  the  books  and  papers  of  the  office  of  foreign  accounts.  I 
shall  accordingly  put  them  into  the  hands  of  a  person  who  goes  from 
Paris  to-morrow  morning  by  the  way  of  Havre  to  America,  and  shall 
endeavor  to  prevail  on  him  to  attend  them  from  the  place  of  his 
landing  to  New  York,  that  the  Board  may  receive  them  from  the 
hand  which  receives  them  from  me. 

The  establishment  of  the  Parliaments,  and  revocation  of  everything 
which  was  done  on  the  8th  of  May,  is  expected  to  take  place  in 
three  or  four  days. 

I  have  the  honor  to  bo,  &:c.,  Til :  JEFFERSON. 


FROM    THOMAS    JEKFKUSON    TO    JOHN    JAT. 

Paris,  Sojiicmbcr  24,  1788. 
Sir, 

Understanding  that  the  vessel  is  not  yet  sailed  from  Havre  which 
is  to  carry  my  letters  of  the  3d  and  5th  instant,  I  am  in  hopes  you 
will  receive  the  present  with  them. 

The  Russian  accounts  of  their  victories  on  the  Black  sea  must 
have  been  greatly  exaggerated.  According  to  these,  the  Captain 
Pacha's  fleet  was  annihilated.  Vet  themselves  have  lately  brought 
hirn  on  the  stage  again  with  fifteen  ships  of  the  line,  in  order  to  obtain 
another  victory  over  him.  I  believe  the  truth  to  be  that  he  has 
sufl'frefl  some  checks,  of  what  magnitude  it  is  impossible  to  say 
where  one  side  alone  is  heard,  and  that  lie  is  still  master  of  that  sea. 


DIPLOMATIC  CORRESPONDENCE,  I9I 

He  has  relieved  Oczakow,  which  still  holds  out ;  Choczim,  also,  is 
still  untaken,  and  the  Emperor's  situation  is  apprehended  to  be  bad. 
He  spun  his  army  into  a  long  cord  to  cover  several  hundred  miles  of 
frontier,  which  put  it  into  the  power  of  the  Turks  to  attack  with 
their  whole  force  wherever  they  pleased.  Laudon,  now  called  to 
head  the  Imperial  army,  is  endeavoring  to  collect  it.  But  in  the 
meantime  the  campaign  is  drawing  to  a  close — it  has  been  worse  than 
fruitless.  The  resistance  of  Russia  to  Sweden  has  been  successful  in 
every  point,  by  sea  and  land.  This,  with  the  interference  of  Den- 
mark, and  the  discontent  of  the  Swedish  nation  at  the  breach  of  their 
Constitution  by  the  King's  undertaking  an  offensive  war,  without  the 
consent  of  the  Senate,  has  obliged  him  to  withdraw  his  attacks  by 
land,  and  to  express  a  willingness  for  peace.  One  third  of  his 
officers  have  refused  to  serve.  England  and  Pmssia  have  offered 
their  mediation  between  Sweden  and  Russia  in  such  equivocal  terms 
as  to  leave  themselves  at  liberty  to  say  it  was  an  offer,  or  was  not, 
just  as  it  shall  suit  them.  Denmark  is  asking  the  counter-offer  of 
mediation  from  this  Court.  If  England  and  Pmssia  make  a  peace 
effectually  in  the  north,  (wliich  it  is  absolutely  ift  their  power  to  do,) 
it  will  be  a  proof  they  do  not  intend  to  enter  into  the  war.  If  they 
do  not  impose  a  peace,  I  should  suspect  they  mean  to  engage  them- 
selves ;  as  one  can  hardly  suppose  they  would  let  the  war  go  on  in 
its  present  fomi,  wherein  Sweden  must  be  cmshed  between  Russia 
and  Denmark. 

The  Garde  des  Sceaur,  M.  de  Lamoignon,  was  dismissed  the  14th 
instant,  and  ]M.  de  Barentin  is  appointed  in  his  room.  The  deputies 
of  Brittany  ai'e  released  from  the  Bastile,  and  INI.  d'Epremesnil  and 
M.  Sabatier  recalled  from  their  confinement.  The  Parliament  is  not 
yet  reinstated,  but  it  is  confidently  said  it  will  be  this  week.  The 
stocks  continue  low,  and  the  Treasury  under  a  hard  struggle  to  keep 
the  Government  in  motion.  It  is  believed  the  meetmg  of  the  States 
General  will  be  as  early  as  January,  perhaps  December.  I  have 
received  a  duplicate  of  the  ratification  of  the  loan  of  1788  by  Con- 
gress, and  a  duplicate  of  a  letter  of  July  22d,  from  the  Treasury 
Board,  on  another  subject,  but  none  on  that  of  the  captives  or  foreign 
officers.  I  suppose  some  cause  of  delay  must  have  intervened 
between  the  ratification  of  Congress  and  the  consequent  orders  of  the 
Treasury  Board. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


192  THOMAS  JEFFERSON— JOHN  JAY. 

FROM  THOMAS  JEFFERSON  TO  THE   COMMISSIONERS  OF  THE  TREASURY. 

Paris,  September  6,  1788. 

Gentlemen, 
Your  favor  of  July  the  3d  came  to  hand  some  days  ago,  and  that 
of  July  the  22d  in  the  afternoon  of  yesterday.  Knowing  that  a  IMr. 
Vannet  was  to  leave  Paris  this  morning,  to  go  to  Viro;inia,  in  a  vessel 
bound  from  Havre  to  Potomac,  I  have  engaged  him  to  receive  the 
papers  which  are  the  subject  of  those  letters ;  to  take  care  of  them 
from  thence  to  Havre,  and  on  the  voyage ;  and  \\  hen  he  shall  have 
arrived  in  Potomac,  instead  of  going  directly  to  Richmond  as  he 
intended,  he  will  proceed  with  them  himself  to  New  York.  I  shall 
pay  here  all  expenses  lo  their  delivery  at  the  ship's  side  in  America, 
freight  included ;  unless,  perhaps,  he  may  find  it  necessary  to  put 
another  covering  over  them,  if  he  should  not  be  able  to  get  them 
into  the  cabin ;  in  this  case  you  will  have  to  reimburse  him  for  that. 
I  engage  to  him  that  you  shall  pay  him  their  transportation  from  the 
ship's  side  to  New  York,  and  his  own  reasonable  expenses  from  the 
place  of  his  landing  to  New  York,  and  back  to  the  place  of  landing. 
As  he  takes  that  journey  for  this  object  only,  it  would  be  reasonable 
that  you  give  h'un  some  gratuity  for  his  time  and  trouble,  and  I 
suppose  it  would  be  accepted  by  him  ;  but  1  have  made  no  agree- 
ment for  this.  The  papers  are  contained  in  a  largo  box  and  a  trunk. 
They  were  sent  liere  by  Mr.  Ast,  during  my  absence  in  Holland. 
When  they  arrived  at  the  gates  of  Paris,  the  oflicers  of  the  customs 
opened  the  tmnk  to  see  ^\ll(•tller  il  contained  duliablo  articles;  but 
finding  only  books  and  pajx'is,  they  foncluded  the  contents  of  the 
box  to  be  of  the  same  nature,  and  did  not  open  that;  you  receive  it, 
therefore,  as  it  came  from  the  hands  of  Mr.  Ast.  A  small  trunk, 
which  came  as  a  third  package  from  Mr.  Ast,  and  N\hi(h  has  never 
been  opened,  1  have  put  into  the  great  trunk,  without  displacing,  or 
ever  having  touched  a  single  paper,  except  as  far  as  was  necessary 
to  make  room  for  that.  1  shall  have  the  whole  cordcMl  and  plumbed 
by  the  custom-house  here,  not  only  to  prevent  their  being  op(;ned  at 
the  custom-house  on  the  road  and  at  the  port  of  exjiortation,  but  to 
prove  to  you  whether  they  shall  have  been  opened  by  anybody  else, 
after  going  out  of  my  hands.  If  the  stamp  leads  an;  entire,  and  the 
cords  unrut,  when  you  receive  them,  you  will  be  sun;  tlu^y  have  not 
been  opened.     They  will  be  wrapped  in  oii-clodi  here  to  guard  them 


DIPLOMATIC  CORRESPONDENCE.  I93 

against  the  damps  of  the  sea ;  and,  as  I  mentioned  before,  Mr.  Vannet 
will  put  them  under  another  covering,  if  he  finds  it  necessary,  at 
Havre. 

At  the  same  time  with  your  last  letter  I  received  from  the  office  of 
Foreign  Affairs  the  ratification  of  Congress  of  the  loan  of  1788  for 
another  million  of  guilders.  As  the  necessity  of  this  loan  resulted 
from  the  estimate  made  by  Mr.  Adams  and  myself,  which  estimate 
was  laid  before  Congress,  I  suppose  their  ratification  of  the  loan 
implies  that  of  the  estimate.  One  article  of  this  was  for  the  redemp- 
tion of  our  captives  at  Algiers.  Though  your  letter  says  nothing  on 
his  subject,  I  am  in  hopes  you  have  sent  orders  to  the  Commissioners 
of  the  loans  at  Amsterdam  to  furnish,  as  soon  as  they  shall  have  it, 
what  may  be  necessary  for  this  pressing  call.  So,  also,  for  the 
foreign  officers.  If  the  ratification  of  the  loan  has  been  made  by 
Congress  with  a  view  to  fulfil  the  objects  of  the  estimate,  a  general 
order  from  you  to  the  Commissioners  of  the  loans  at  Amsterdam,  to 
pay  the  moneys  from  time  to  time,  according  to  that  estimate,  or  to 
such  other  as  you  shall  furnish  them  with,  might  save  the  trouble  of 
particular  orders  on  every  single  occasion,  and  the  disappointments 
arising  from  the  delay  or  miscarriage  of  such  orders  ;  but  it  is  for  you 
to  decide  on  this. 

I  have  the  honor  to  be,  he,  TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON   TO    JOHN    JAY. 

Paris,  November  14,  1788. 

Sir, 
In  my  letter  of  December  21st,  1787, 1  had  the  honor  of  acknowl- 
edging the  receipt  of  your  two  favors  of  July  27th,  1787,  which  had 
come  to  my  hands  December  19th,  and  brought  with  them  my  full 
powers  lor  treating  on  the  subject  of  tlie  Consular  convention. 
Being  then  much  engaged  in  getting  forward  the  arret,  which  came 
out  the  29th  of  December,  and  willing  to  have  some  interval  between 
that  act,  and  the  solicitation  of  a  reconsideration  of  our  Consular 
convention,  I  had  declined  mentioning  it  for  some  time,  and  was 
just  about  to  bring  it  on  the  carpet,  when  it  became  necessary  for 
me  to  go  to  Amsterdam.  Immediately  after  my  return,  which  was 
about  the  last  of  April,  I  introduced  the  subject  to  the  Count  de 
Montmorin,  and  have  followed  it  unremittingly  from  that  time.    The 

Vol.  XL— 13 


194  THOMAS  JEFFERSON- JOHN  JAY.  ' 

office  of  ^Marine,  as  well  as  that  of  Foreign  Affairs,  being  to  be 
consulted  in  all  the  stages  of  the  negotiation,  has  protracted  its 
conclusion  till  this  time.  It  is  at  length  signed  this  day,  and  I  have 
now  the  honor  to  enclose  the  original  for  the  ratification  of  Congress. 
The  principal  changes  effected  are  the  following: 

The  clauses  of  the  convention  of  1784,  clothing  Consuls  with 
the  privileges  of  the  law  of  nations,  are  struck  out,  and  they  are 
expressly  subjected,  in  their  persons  and  property,  to  the  laws  of  the 
land. 

That  giving  the  right  of  sanctuary  to  their  houses,  is  reduced  to  a 
protection  of  their  chancery  room  and  its  papers. 

Their  coercive  powers  over  passengers  are  taken  away ;  and  over 
those  whom  they  might  have  termed  deserters  of  their  nation,  are 
restrained  to  deserted  seamen  only. 

The  clause  allowing  them  to  arrest  and  send  back  vessels  is  stmck 
out,  and  instead  of  it,  they  are  allowed  to  exercise  a  police  over  the 
ships  of  their  nation  generally. 

So  is  that  which  declared  the  indelibility  of  the  character  of 
subject,  and  the  explanation  and  intention  of  the  lllh  article  of  the 
treaty  of  amity. 

The  innovations  in  the  laws  of  evidence  are  done  away. 

And  the  convention  is  limited  to  twelve  years'  duration. 

Convinced  that  the  fewer  examples  the  better,  of  eitlier  persons  or 
causes  inamcnable  to  the  laws  of  the  land,  I  could  have  wished  still 
more  had  been  done ;  but  more  could  not  be  done  with  good  humor. 
The  extensions  of  authority  given  by  the  convention  of  17S-1  were 
so  homogeneous  with  the  spirit  of  this  Government  that  they  were 
prized  here.  Monsieur  de  Ilayneval  has  had  the  principal  charge  of 
arranging  this  instrument  with  me ;  and  in  justice  to  him,  J  must  say 
I  could  not  have  desired  more  reasonable  and  friendly  dispositions 
than  he  demonstrated  through  the  whole  of  it. 

I  enclose  hennvith  the  s(;veral  schemes  successively  j)ropo?ed 
between  us,  together  with  copies  of  the  written  observations  given  in 
with  them,  and  which  served  as  texts  of  discussion  in  our  personal 
conferences.  They  may  serve  as  a  commentary  on  any  passage 
which  may  need  it,  either  now  or  hereafter,  and  as  a  liislory  how 
any  particular  passage  comes  to  stand  as  it  docs.  No.  I,  is  the 
convention  of  1784;  No.  2,  is  my  first  scheme;  No.  3,  theirs  in 
answer  to  it ;  No.  4,  my  next,  which  brouglit  us  so  near  together, 


DIPLOMATIC  CORRESPONDENCE.  I95 

that  in  a  conference  on  that,  we  arranged  it  in  the  form  in  which  it 
has  been  signed.  I  add  No.  5,  the  copy  of  a  transkition  which  1 
have  put  into  their  hands,  with  a  request  that  if  they  find  any 
passages,  in  which  the  sense  of  the  original  is  not  faithfully  rendered, 
they  will  point  them  out  to  me ;  othenvise,  we  may  consider  it  as 
having  their  approbation.  This  and  the  convention  of  1784 
(marked  No.  1)  are  placed  side  by  side,  so  as  to  present  to  the  eye, 
with  less  trouble,  the  changes  made;  and  I  enclose  a  number  of 
printed  copies  of  them  for  the  use  of  the  members  who  will  have  to 
decide  on  the  ratification.  It  is  desirable  that  the  ratification  should 
be  sent  here  for  exchange  as  soon  as  possible. 

With  respect  to  the  consular  appointments,  it  is  a  duty  on  me  to 
add  some  observations  which  my  situation  here  has  enabled  me  to 
make.  I  think  it  was  in  the  spring  of  1784  that  Congress  (harassed 
by  multiplied  applications  from  foreigners,  of  whom  nothing  was 
known  but  on  their  own  information,  or  on  that  of  others  as 
unknowTi  as  themselves,)  came  to  a  resolution  that  the  interest  of 
America  would  not  permit  the  naming  any  person  not  a  citizen  to 
the  office  of  Consul,  Vice  Consul,  Agent,  or  Commissary.  This  was 
intended  as  a  general  answer  to  that  swarm  of  foreign  pretenders. 
It  appears  to  me  that  it  will  be  best  still  to  preserve  a  part  of  this 
regulation.  Native  citizens,  on  several  valuable  accounts,  are 
preferable  to  aliens,  and  to  citizens  alien  born.  They  possess  our 
language,  know  our  laws,  customs,  and  commerce,  have  generally 
acquaintance  in  the  United  States,  give  better  satisfaction,  and  are 
more  to  be  "relied  on  in  the  point  of  fidelity.  Their  disadvantages 
aje  an  imperfect  acquaintance  with  the  language  of  this  country,  and 
an  ignorance  of  the  organization  of  its  judicial  and  executive  powers, 
and  consequent  awkwardness  whenever  application  to  either  of  these 
is  necessary,  as  it  frequently  is.  But  it  happens  that  in  some  of  the 
principal  ports  of  France,  there  is  not  a  single  American,  (as  in 
Marseilles,  L'Orient,  and  Ha\Te,)  in  others  but  one,  (as  in  Nante? 
and  Rouen,)  and  in  Bordeaux  only  two  or  three.  Fortunately  for 
the  present  moment  most  of  those  are  worthy  of  appointments.  But 
we  should  look  forward  to  future  times  when  there  may  happen  to 
be  no  native  citizens  in  a  port,  but  such  as  being  bankrupt,  have 
taken  asylum  m  France  from  their  creditors,  or  young  ephemeral 
adventurers  in  commerce  without  substance  or  conduct,  or  other 
descriptions    which    might   disgrace    the    consular    office    without 


196  THOMAS  JEFFERSON— JOHN  JAY. 

protecting  our  commerce.  To  avail  ourselves  of  our  good  native 
citizens,  when  we  have  one  in  a  port,  and  when  there  are  none,  to 
have  yet  some  person  to  attend  to  our  afFaii*s,  it  appears  to  me 
advisable  to  declare  by  a  standing  law  that  no  person  but  a  native 
citizen  shall  be  capable  of  the  office  of  Consul;  and  that  tlie  Consul's 
presence  in  his  port  should  suspend  for  the  time  the  functions  of  the 
Vice  Consul.  This  is  the  rule  of  1784,  restrained  to  the  office  of 
Consul  and  to  native  citizens.  The  establishing  this  by  a  standing 
law  will  guard  against  the  effect  of  particular  applications,  and  will 
shut  the  door  against  such  applications  as  will  otherwise  be  numerous. 
This  done,  the  office  of  Vice  Consul  may  be  given  to  the  best  subject 
in  the  port,  whether  citizen  or  alien,  and  that  of  Consul  be  kept  open 
for  any  native  citizen  of  superior  qualifications,  who  might  come 
aftcnvards  to  establish  themselves  in  the  port.  The  functions  of  the 
Vice  Consul  would  become  dormant  during  the  presence  of  his 
principal,  come  into  activity  again  on  his  departure,  and  thus  spare 
us  and  them  the  painful  operation  of  revoking  and  revivhig  their 
commissions  perpetually.  Add  to  this,  that  during  the  presence  of 
the  Consul,  the  Vice  Consul  would  not  be  merely  useless,  but  would 
be  a  valuable  counsellor  to  his  principal,  new  in  office,  the  language, 
laws,  and  customs  of  the  country.  Every  Consul  and  Vice  Consul 
sliould  be  restrained  in  his  jurisdiction  to  the  post  for  which  he  is 
named,  and  the  territory  nearer  to  that  than  to  any  other  Consular 
or  V'ice  Consular  j)ort,  and  no  idea  jXTiuillt-d  to  arise  that  the  grade 
of  Consul  gives  a  right  to  any  authority  whatever  over  a  Vice 
Consul,  or  draws  on  any  dependence. 

To  these  general  facts  and  observations  I  will  add  some  local,  and 
of  the  present  moment. 

Marseilles.  There  is  no  native.  Stcj)hen  Cathalan,  the  father, 
has  had  the  agency,  by  appointment  either  of  Doctor  Franklin  or 
Mr.  Harclay.  IJut  his  son,  of  the  same  name,  has  solely  done  the 
duties,  and  is  best  capable  of  tlusm.  He  speaks  our  language  per- 
fectly, is  familiar  with  our  customs,  as  jiaving  lived  in  a  counting- 
house  in  lyjndon,  is  sensible,  active,  and  solid  in  his  circumstances. 
Both  th(;  i)ort  and  jxTson  merit  a  Vice  Consulate. 

Jiori/taui.  Mr.  .I<jhn  lioiidfield,  a  native  citizen,  has  hitherto 
acted  by  apj)ointinent  from  Doctor  Frankhn.  He  is  well  known  in 
America,  is  of  a  higher  degree  of  information  than  is  usually  to  be 
found,  and  unexceptionable  in  every  point  of  view.     His  circum- 


DIPLOMATIC  CORRESPONDENCE.  X97 

Stances,  indeed,  have  at  one  time  been  perplexed,  but  I  suppose 
them  to  be  otherwise  now.  He  is  likely  to  remain  long  at  Bordeaux, 
and  is  so  much  respected  that  we  cannot  expect  a  better  subject  there. 
I  think  him  proper  for  a  consular  commission. 

Nantes.  We  have  but  one  native  citizen  there,  Mr.  Burrell 
Games,  who  has  acted  by  appointment  from  Mr.  Barclay,  and  acted 
well,  as  far  as  I  am  able  to  judge.  He  is  young,  and  beginning 
business  only;  would  be  proper  for  the  Vice  Consulate  at  present 
and  for  the  Consulate  when  time  shall  have  added  experience  and 
firm  establishment  to  his  present  qualifications. 

U  Orient.  No  citizen  at  all.  Mr.  Loreilhe,  a  Frenchman,  and 
veiy  worthy  man,  acted  for  some  time ;  but  failing  in  his  affairs,  he 
removed  to  the  neighborhood  of  Bordeaux.  After  that,  I  wrote 
occasionally  to  Wilt  &£  Delmestre ;  but  they,  too,  are  become  bank- 
rupt. There  is  lately  gone  there  from  Paris  a  Monsieur  Vernes,  an 
uncommonly  sensible,  well-informed  man,  speaking  our  language 
well,  connected  in  commerce  with  the  wealthy  house  of  Berard  &£ 
Co.,  and  particularly  engaged  in  the  American  commerce.  I  suppose 
him  proper  for  a  Vice  Consulate. 

Havre.  There  is  no  native.  M.  Andre  Limozin  has  acted  by 
appointment  of  Doctor  Franklin.  He  is  a  very  solid  merchant, 
speaks  and  writes  our  language,  is  sensible,  experienced,  and  veiy 
zealous.  His  services  hitherto  have  been  so  assiduous  as  to  entitle 
him  to  the  Vice  Consulate  in  preference  to  any  other  person  in  that 
port. 

Rouen.  There  is  but  one  citizen  there,  Mr.  Thomas  Appleton, 
son  of  Nathaniel  Appleton,  of  Boston.  He  is  young,  and  just 
beginning  business.  He  is  sensible,  active,  and  fit  for  the  Vice  Con- 
sulate, with  a  view  to  the  Consulate  at  some  future  day,  as  in  the 
case  of  Mr.  Carnes. 

The  preceding  are  the  only  ports  worthy  of  either  Consular  or 
Vice  Consular  establishment.  To  multiply  would  be  to  degrade 
them,  and  excite  jealousy  in  the  Government. 

At  the  following  I  should  suppose  Agents  sufficient: 

DunlcirTc.  Francis  Coffin,  an  American,  and  good  man,  appointed 
by  Doctor  Franklin. 

Dieppe.     M.  Cavalier,  a  Frenchman,  appointed  by  Mr.  Barclay. 

Bayonne.  Louis  Alexander  has  meddled  for  us  of  his  own  accord. 
I  know  neither  good  nor  harm  of  him.     He  writes  a  broken  English, 


198  THOMAS  JEFFERSON- JOHN  JAY. 

but  I  do  not  know  il'  he  speaks  the  language.  Though  a  free  port, 
there  had  entered  there  but  one  or  two  ships  from  the  peace  to  the 
Autumn  of  1787.     I  have  no  account  since. 

Ceiie.  IVicliolas  Guirrard,  named  by  Doctor  Franklin.  He  is  of 
the  mercantile  house  of  GuiiTard  Sc  Portas.  I  saw  one  of  the  part- 
ners while  at  Cette,  who  spoke  English  well,  is  familiar  with  English 
usages  in  commerce,  is  sensible,  and  has  the  appearance  of  being  a 
good  man.  But  I  do  not  recollect  whether  the  person  I  describe 
was  Guirrard  or  Portas.  The  other  partner  does  not  speak  English. 
]\rr.  Barclay  can  probably  fix  this  uncertainty,  as  well  as  give  fuller 
information  on  all  the  other  persons  named.  This  one,  whichever 
he  be,  is  fittest  for  the  agency. 

Besides  these,  I  would  take  the  liberty  of  recommending  the 
appointment  of  Agents  at  Toulon,  Rochefort,  Brest,  and  Cherburg, 
merely  for  the  purposes  of  intelligence.  They  are  King's  ports,  and 
it  is  in  them  that  the  symptoms  of  a  maritime  war  will  always  first 
show  themselves.  Such  a  correspondence,  therefore,  will  be  always 
proper  for  your  Minister  here,  and,  in  general,  the  Consuls  and  Vice 
Consuls  should  be  instructed  to  correspond  with  him  for  his  informa- 
tion. It  does  not  appear  to  me  proper  that  he  should  have  any 
power  of  naming  or  removing  them.     It  might  lead  to  abuse. 

It  is  now  proper  I  should  give  some  account  of  the  state  of  our 
dispute  with  Schweighauser  &c  Dobree.  In  the  conversation  I  had 
witii  Dobree  at  INantes,  he  appeared  to  think  so  rationally  on  this 
suJjject  that  I  thought  there  would  be  no  difficulty  in  accommodating 
it  with  him,  and  I  wished  rather  to  settle  it  by  accommodation  than 
to  apply  to  the  Minister.  I  afterwards  had  it  intimated  to  him, 
tlnougli  the  medium  of  Mr.  Carnes,  that  I  had  it  in  idea  to  propose 
a  reference  to  arbitrators.  He  expressed  a  cheerful  concurrence  in 
It.  I  tlK'reuj)on  made  the  proposition  to  him  formally,  by  letter, 
mentioning  particulaHy  that  we  would  choose  our  arbitrators  of  some 
neutral  nation,  and  of  preference  from  among  the  Dutch  refugees 
licrf.  I  was  surprisi-d  to  receive  an  answer  from  him  wherein,  after 
exj)rcssing  his  own  n^adiness  to  accede  to  this  proposition,  he  added, 
that  on  consulting  Mr.  Puchelburg,  he  had  declined  it.  Neverthe- 
less, he  wished  a  fuller  exjjlanation  from  me,  as  to  the  subjects  to 
be  submitted  to  arbitration.  I  gave  him  that  explanation,  and  he 
answered  finally,  that  .Mr.  PucJH-lberg  refused  all  aeenmmodalion, 
and  insisted  ijiat  the  matter  should  be  decided  i)^  the  tribunals  of  the 


DIPLOMATIC  CORRESPONDENCE.  I99 

country.  Accommodation  being  at  an  end,  I  wrote  to  Monsieur  de 
Montmorin,  and  insisted  on  the  usage  of  nations,  which  does  not 
permit  the  effects  of  one  sovereign  to  be  seized  in  the  territories  of 
another,  and  subjected  to  judiciary  decision  there.  I  am  promised 
that  the  stores  shall  be  delivered :  but  the  necessary  formalities  ^\  ill 
occasion  some  delay.  The  King  being  authorized  to  call  all  causes 
before  himself,  ours  will  be  evoked  from  the  tribunals  where  it  is,  and 
will  be  ended  by  an  order  to  deliver  up  the  stores  arrested,  leaving 
it  to  the  justice  of  Congress  to  do  afterwards  what  is  right  as  to  the 
demand  of  Schweighauser  &i  Dobree.  I  wish  I  could  receive 
instructions  what  to  do  with  the  stores  when  delivered.  The  arms 
had  certainly  better  be  sent  to  America,  as  they  are  good,  and  yet 
will  sell  here  for  little  or  nothing.  The  gun-stocks  and  old  iron  had 
better  be  sold  here.  But  what  should  be  done  with  the  anchors? 
Being  thoroughly  persuaded  that  Congress  wish  that  substantial 
justice  should  be  done  to  Schweighauser  h  Dobree,  I  shall,  after  the 
stores  are  secured,  repeat  my  proposition  of  arbitration  to  them.  If 
tliey  then  refuse  it,  I  shall  return  all  the  papers  to  America,  and 
consider  my  powers  for  settling  this  matter  as  at  an  end. 

I  have  received  no  answer  yet  from  Denmark  on  the  subject  of  the 
prizes ;  nor  do  I  know  whether  to  ascribe  this  silence  to  an  intention 
to  evade  the  demand,  or  to  the  multitude  of  affairs  they  have  had  on 
their  hands  lately.  Patience  seems  to  be  prudence  in  this  case;  to 
indispose  them  would  do  no  good,  and  might  do  haim.  I  shall  write 
again  soon  if  no  answer  be  received.  In  the  mean  time,  I  have  the 
honor  to  be,  he, 

TH:  JEFFERSON. 


Translation. 

FIRST    FORM    PROPOSED    ON    THE    PART    OF    THE    UNITED    STATES. 

Convention  between  his  Most  Christian  Majesty  and  the  United 
States  of  America,  for  the  purpose  of  determining  and  fixing  the 
functions  and  prerogatives  of  their  respective  Consuls,  Vice  Con- 
suls, Agents,  and  Commissaries. 

His  Majesty  the  IMost  Christian  King  and  the  United  States  of 
America  having,  by  the  29th  article  of  the  treaty  of  amity  and 
commerce  concluded  between  them,  mutually  granted  the  liberty  of 


200  THOMAS  JEFFERSON— JOHN  JAY. 

having  in  their  respective  States  and  ports  Consuls,  Vice  Consuls, 
Agents,  and  Commissaries,  and  being  willing,  in  consequence  thereof, 
to  detennine  and  fix  in  a  reciprocal  and  permanent  manner,  the 
functions  and  prerogatives  of  the  said  Consuls,  Vice  Consuls, 
Agents,  and  Conamissaries,  his  most  Christian  Majesty  has  nommated 
the  Sieur  ,  and  the  United  States  of  America 

has  nominated  ,  who,  after  having  communi- 

cated to  each  other  their  respective  full  powers,  agreed  upon  what 
follows : 

Article  I.  The  Consuls  and  Vice  Consuls,  Agents  and  Commis- 
saries, nominated  by  his  most  Christian  Majesty  and  the  United 
States,  or  by  their  authority,  shall  be  bound  to  present  their  commis- 
sions according  to  the  form  which  shall  be  established  by  the  King 
within  his  dominions,  and  by  the  Congress  within  the  United  States. 
There  shall  be  delivered  to  them,  without  any  charge,  the  exequatur 
necessary  for  the  exercise  of  their  functions,  and  on  the  exhibition 
which  they  shall  make  of  the  said  exequatur,  the  Governors,  com- 
manders, judges,  public  bodies,  tribunals,  and  other  officers  having 
authority  in  the  ports  and  places  of  their  consulate,  shall  cause  them 
to  enjoy,  as  soon  as  possible,  and  without  difficulty,  the  preeminences, 
authority,  and  privileges,  reciprocally  granted,  without  exacting  from 
the  said  Consuls,  Vice  Consuls,  Agents,  and  Commissaries  any  duty, 
under  any  pretence  whatever. 

AiiTicLK  IV.  The  Consuls  and  Vice  Consuls  shall  be  exempt 
from  all  personal  service  and  puljlic  offict^s,  from  soldiers'  billets, 
militia  watch,  guard,  guardianship,  and  tiiisteeship,  as  well  as  from 
all  duties,  taxes,  impositions,  and  charges  whatever,  except  on  the 
estate,  real  and  personal,  of  which  they  may  be  the  proj)rietors  or 
possessors,  which  shall  b(^  subject  to  the  taxes  imposed  on  the  estates 
of  all  other  mdividuals,  and  in  all  other  instances  they  shall  be  sul>- 
ject  to  the  laws  of  the  land,  tvith  respect  to  their  persona,  their 
property,  and  possessions,  in  the  same  mannrr  a.s  other  foreigners  of 
their  nation  are. 

They  shall  place  ovj-r  the  outward  door  of  tln-ir  house  the  arms 
of  their  sovereign,  without,  however,  the  inaik  of  distinction  giving 
to  th(!  said  house  the  right  of  asylum  f>r  any  pt  rson  or  property 
whatever. 

AinicLK  VI.  The  Consuls  and  Vice  Consuls  respectively  may 
establish  a  chancery,  where  shall  be  deposited  the  consular  acts  and 


DIPLOMATIC  CORRESPONDENCE.  201 

deliberations,  all  effects  left  by  deceased  persons  or  saved  from  ship- 
wreck, as  well  as  testaments,  obligations,  contracts,  and  in  general 
all  the  acts  and  proceedings  done  between  persons  of  their  nation. 

They  may,  in  consequence,  appoint  for  the  business  of  the  said 
chancery  capable  persons,  receive  them,  administer  an  oath  to  them, 
give  to  them  the  keeping  of  the  seal  and  the  right  of  sealing  commis- 
sions, judgments,  and  other  acts  of  the  consulate,  as  well  as  there  to 
discharge  the  functions  of  notaries  and  registers  in  cases  which  shall 
concern  the  subjects  of  their  own  nation. 

Article  VII.  The  Consuls  and  Vice  Consuls  respectively  shall 
have  the  exclusive  right  of  receiving  in  their  chancery,  or  on  board 
of  vessels,  the  declarations  and  all  the  other  acts  which  the  captains, 
masters,  seamen,  and  passengers  and  merchants  of  their  nation  would 
make  there,  even  their  testaments  and  other  dispositions  of  last  will ; 
and  the  copies  of  the  said  acts,  duly  authenticated  by  the  said  Con- 
suls or  Vice  Consuls,  under  the  seal  of  their  consulate,  shall  receive 
faith  in  law  equally  as  their  originals  would  in  all  the  tribunals  of 
the  dominiom  of  the  most  Christian  King  and  of  the  United  States, 
and  in  all  cases  which  only  concern  persons  of  their  nation. 

They  shall  also  have,  and  exclusively,  in  case  of  the  absence  of 
the  testamentary  executor,  guardian,  or  lawful  representative,  the 
right  to  inventor}',  liquidate,  and  proceed  to  the  sale  of  the  personal 
estate  left  by  subjects  or  citizens  of  their  nation  who  shall  die  within 
the  extent  of  their  consulate.  They  shall  proceed  therein  with  the 
assistance  of  two  merchants  of  their  said  nation,  or  of  any  other  of 
their  choice,  and  shall  cause  to  be  deposited  in  their  chancery  the 
effects  and  papers  of  their  said  estates,  and  no  officer,  militarj^,  judi- 
ciary, or  of  the  police  of  the  country,  shall  disturb  them,  or  interfere 
therein  in  any  manner  whatsoever ;  but  the  said  Consul  shall  not 
deliver  up  the  said  effects,  nor  the  proceeds  thereof,  to  the  lawful 
representatives,  or  to  their  order,  till  they  shall  have  caused  to  be 
paid  all  debts  which  the  deceased  shall  have  contracted  in  the 
country ;  for  which  purpose  the  creditor  shall  have  a  right  to  attach 
the  said  effects  in  their  hands,  as  they  might  in  those  of  any  other 
individual  whatever,  and  proceed  to  obtain  sale  of  them  till  payment 
of  what  shall  be  laivfully  due  to  them.  When  the  debts  shall  not 
have  been  contracted  by  judgment,  deed,  or  note,  the  signature  whereof 
shall  be  known,  payment  shall  not  be  ordered  but  on  the  creditor's 
giving  sufficient  surety,  resident  in  the  country',  to  refund  the  sums 


20-2  THOMAS  JEFFERSOX-JOHX  JAY. 

he  shall  have  unduly  received,  principal,  interests,  and  costs ;  which 
surety  shall  stand,  nevertheless,  duly  discharged  after  the  term  of  one 
year  in  time  of  peace,  and  of  two  in  time  of  war,  if  the  discharge 
cannot  he  formed  before  the  end  of  this  term,  against  the  represent- 
alives  who  shall  present  themselves.  And  in  order  that  the  repre- 
sentatives may  not  he  unjustly  kept  out  of  the  effects  of  the  deceased, 
the  Consuls  a7id  Tlce  Consuls  shall  notify  his  death  in  some  one  of 
the  gazettes  published  ivithin  their  consulate.  And  that  they  shall 
•retain  the  said  effects  in  their  hands  months,  to  answer  all 

just  demands  which  shall  be  presented;  and  they  shall  be  bound, 
after  this  delay,  to  deliver  to  the  persons  succeeding  thereto  what 
shall  be  more  than  sufficient  for  the  demands  which  shall  have  been 
formed. 

Article  VIII.  The  respectiv^e  Consuls  and  Vice  Consuls  shall 
receive  the  declarations,  protests,  and  other  consular  acts,  from  all 
captains  and  masters  of  their  respective  nations,  on  account  of  average 
losses  sustained  at  sea  by  leakage  or  throwing  merchandize  overboard, 
and  these  captains  and  masters  shall  leave  in  the  chancery  of  the 
said  Consuls  and  Vice  Consuls  the  protests  and  other  consular  acts 
which  they  may  have  made  in  other  ports  on  account  of  the  accidents 
which  may  have  happened  to  them  on  their  voyage.  If  a  subject  of 
his  most  Christian  INIajesty  and  the  United  States  are  interested  in 
the  said  cargo,  the  average  shall  be  fixed  by  the  tribunals  of  the 
country,  and  not  by  the  Consuls  or  Vice  Consuls ;  but  when  only 
the  subjects  or  citizens  of  their  own  nation  shall  be  interested,  the 
respective  Consuls  and  Vice  Consuls  shall  appoint  skilful  persons  to 
settle  the  dama<re  and  averafre. 

AuTicLE  IX.  In  cases  where,  by  tempests  or  other  accidents, 
French  ships  or  vessels  shall  be  stranded  on  the  coast  of  the  United 
States,  and  ships  or  vessels  of  the  United  States  shall  be  stranded  on 
the  coast  of  the  dominions  of  the  most  Christian  King,  the  Consul 
or  Vice  Consul  nearest  to  the  place  of  shipwreck  shall  do  whatever 
he  may  judgi;  proper,  as  well  for  the  purjiose  of  saving  the  said  ship 
or  vessel,  its  cargo  and  appurtenances,  as  for  the  storing  and  security 
of  the  effects  and  merchandize  saved.  He  may  take  an  inventory  of 
them,  without  the  intermeddling  of  any  ofliccrs  of  the  military,  of 
llie  customs,  of  justice,  or  of  iIk*  police  of  the  country,  otherwise 
than  to  give  to  the  Consuls,  Vice  C'onsuls,  captain  and  crew  of  the 
vessel  shij)wrecked,  or  stranded,  all   llie  succor  and  favor  which  they 


DIPLOMATIC  CORRESPONDENCE.  203 

shall  demand  of  them,  either  for  expedition  in  securing  the  cargo  or 
preserving  the  effects  saved,  as  well  as  to  prevent  all  disturbances. 

And  in  order  to  prevent  all  kind  of  dispute  and  discussion  in  the 
said  cases  of  shipwreck,  it  is  agreed,  when  there  shall  be  no  Consul 
or  Vice  Consul  to  attend  to  the  saving  of  the  wreck,  or  that  the 
residence  of  the  said  Consul  or  Vice  Consul  (he  not  being  at  the 
place  of  the  wreck)  shall  be  more  distant  from  the  said  place  than 
that  of  the  competent  judge  of  the  country,  the  latter  shall  imme- 
diately proceed  therein  with  all  the  despatch,  certainty,  and  precaution 
prescribed  by  the  respective  laws ;  but  the  said  territorial  judge  shall 
retire  on  the  arrival  of  the  Consul  or  Vice  Consul,  and  shall  deliver 
over  to  him  the  report  of  his  proceedings,  the  expenses  of  which  the 
Consul  or  Vice  Consul  shall  cause  to  be  reimbursed  to  him. 

The  merchandize  and  effects  saved  shall  be  deposited  in  the 
custom-house,  or  other  nearest  place  of  safety,  with  the  inventory  of 
them,  which  shall  be  made  by  the  Consul  or  Vice  Consul,  or,  in  their 
absence,  by  the  judge  who  shall  have  cognizance  thereof;  and  the 
said  merchandizes  and  effects  shall  be  aftenvards  delivered,  after 
levying  therefrom  the  costs,  and  without  form  of  process,  to  the  pro- 
prietors, who,  being  furnished  with  a  replevy  from  the  nearest  Consul 
or  Vice  Consul,  shall  reclaim  them  by  themselves  or  by  their  attor- 
neys, either  for  the  purpose  of  reexporting  the  merchandizes — and 
in  that  case  they  shall  pay  no  kind  of  duties  of  exportation — or  for 
tlie  purpose  of  selling  them  in  the  country,  if  they  are  not  prohibited  ; 
and  in  this  latter  case,  the  said  merchandizes  being  averaged,  there 
shall  be  granted  them  an  abatement  of  the  entrance  duties  propor- 
tioned to  the  damage  sustained,  which  shall  be  ascertained  by  the 
verbal  process  formed  at  the  time  of  shipwreck,  or  of  the  vessel's 
running  ashore. 

Article  X.  The  Consuls  and  Vice  Consuls  may  cause  to  be 
arrested  in  the  country  the  sailors  deserters  of  their  respective  nations, 
and  send  them  back  and  transport  them  out  of  the  country. 

The  registers  of  the  vessels,  or  rolls  of  the  crew,  shall  be  received 
in  testimony  to  prove  that  the  persons  arrested  as  deserting  sailors 
belong  to  their  respective  nations,  but  shall  not  exclude  the  other  legal 
proofs  relative  to  the  same  facts. 

As  soon  as  there  shall  be  sufficient  proof  that  they  are  deserting 
sailors  of  such  nation,  no  tribunals,  judges,  or  officers  whatsoever 
shall,  in   any  manner  whatever,  take  cognizance  of  the   complaint 


204  THOMAS  JEPFERSON-JOHN  JAY. 

which  the  said  sailors  and  deserters  may  make ;  but  they  shall,  on 
the  contrar}',  be  delivered  up  on  any  order  signed  by  the  Consul  or 
Vice  Consul,  without  its  being  in  any  one's  power  in  any  manner  to 
detain,  engage,  or  withdraw  them.  And  to  attain  to  the  complete 
execution  of  the  arrangements  contained  in  this  article,  all  persons 
having  authority  shall  be  bound  to  assist  the  said  Consuls  or  Vice 
Consuls ;  and,  on  a  simple  requisition  signed  by  them,  they  shall 
cause  to  be  detained  and  guarded  in  prison,  at  the  disposal  and 
expense  of  the  said  Consuls  and  Vice  Consuls,  the  said  sailors  and 
deserters,  until  they  shall  have  an  opportunity  to  send  them  out  of 
the  country.  But  if  they  be  not  sent  out  of  the  country  in  one 
month  from  the  day  of  their  arrest,  they  shall  be  set  at  liberty,  and 
shall  be  no  more  arrested  for  the  same  cause. 

Article  XI.  In  cases  where  the  respective  subjects  or  citizens 
shall  have  committed  any  crime  or  breach  of  the  peace,  they  shall  be 
amenable  to  the  judges  of  the  country. 

Article  XII.  All  differences  and  suits  between  the  subjects  of 
the  most  Christian  King  in  the  United  States,  or  between  the  citizens 
of  the  United  States  in  the  dominions  of  the  most  Christian  King, 
shall  be  determined  by  the  respective  Consuls,  if  one  of  the  parties 
demands  it,  either  by  a  reference  to  arbitration  or  by  a  summarj' 
judgment,  and  without  costs. 

No  officer,  civil  or  military,  shall  interfere  or  take  any  part  what- 
ever in  the  affair;  appeal  shall  be  carried  before  the  tribunals  of 
France  or  the  United  States,  to  whom  it  may  appertain  to  take 
cognizance  thereof. 

The  respective  agents  shall  be  bound  to  render  to  their  respective 
merchants,  navigators,  and  vessels,  all  possible  service,  and  to  inform 
the  nearest  Consul  or  Vice  Consul  of  the  wants  of  the  said  merchants, 
navii^ators,  and  vessels,  without  the  said  agents  otherwise  participating 
in  the  immunities,  rights,  and  privileges  attributed  to  the  Consuls  and 
Vice  Consuls,  and  without  power  to  exact  any  duty  or  emolument 
whatever,  under  any  pretence  whatever. 

Article  XIH.  The  general  utility  of  commerce  having  caused 
tD  be  establislicd  within  the  dominions  of  the  most  Christian  King, 
particular  tribunals  and  forms  for  expediting  the  decision  of  commer- 
cial affairs,  the  incrchaiits  of  the  United  States  shall  enjoy  the  benefit 
of  those  establishments;  and  tiic-  (Jongn-ss  of  the  United  States  will 
provide,  in  the  manner  the  most  conformable  to  its  laws,  equivaleot 


DIPLOMATIC  CORRESPONDENCE. 


205 


advantages  in  favor  of  the  French  merchants,  for  the  prompt 
despatch  and  decision  of  affairs  of  the  same  nature. 

Article  XIV.  The  subjects  of  the  most  Christian  King  and  the 
citizens  of  the  United  States  who  shall  prove,  by  legal  evidence, 
that  they  are  of  the  said  nations  respectively,  shall,  in  consequence, 
enpj  an  exemption  from  all  personal  service  in  the  place  of  their 
settlement. 

Article  XV.  If  any  other  nation  acquires,  by  virtue  of  any 
convention  whatever,  a  treatment  more  favorable  with  respect  to  the 
consular  preeminences,  powers,  authority,  and  privileges,  the  Consuls 
and  Vice  Consuls  of  the  most  Christian  King  or  the  United  States, 
reciprocally,  shall  participate  therein,  agreeably  to  the  terms  stipu- 
lated by  the  2d,  3d,  and  4th  articles  of  the  treaty  of  amity  and 
c»mmerce  concluded  between  the  most  Christian  King  and  the 
United  States. 

Article  XVI.  The  present  convention  shall  be  in  full  force 
during  the  term  of  twelve  years,  to  be  counted  from  the  day  of  the 
exchange  of  ratifications,  which  shall  be  given  in  proper  form,  and 
exchanged  on  both  sides  within  the  space  of  one  year,  or  sooner,  if 
possible. 

In  faith  whereof,  &£c. 


NOTES. 

It  is  proposed  to  leave  out  the  words 
>3gents  and  Coimnissaries.  In  the  treaty 
the  right  of  establishing  Agents,  or  Com- 
missaries, or  Consuls,  is  reserved.  But 
since  the  late  denomination  is  chosen,  it 
appears  viseless  to  repeat  the  others. 

It  appears  proper  to  announce  precisely 
that  these  public  officers  shall  be  under 
the  title  of  Consuls  and  Vice  Consuls, 
in  order  to  prevent  any  pei-sons  being 


FIRST    COUNTER-PROPOSITION 
ON  THE  PART  OF  FRANCE. 
Translation. 
Convention  between  his  most  Christian 
Majesty   and    the    United    States   of 
America,  for  the  purpose  of  determin- 
ing and  fixing  the  functions  and  pre- 
rogatives of  their  respective  Consuls 
and  Vice  Consuls. 

His  Majesty  the  most  Christian  King 
and  the  United  States  of  America  having, 
by  the  29th  article  of  the  treaty  of  amity 
and  commerce  concluded  between  them, 
mutually  granted  the  liberty  of  having, 
in  their  respective  States  and  ports, 
Consuls  and  Vice  Consuls,  Agents  and 
Commissaries,  and  being  willing,  in  con- 
sequence thereof,  to  define  and  establish, 
in  a  reciprocal  and  permanent  manner, 
the  functions  and  prerogatives  of  Con- 


206 


THOMAS  JEFFERSON— JOHN  JAY. 


respectively  sent  hereafter  under  different 
titles  from  whence  might  result  difficulties 
in  point  of  form.  It  ia  proposed  to 
suppress  the  denomination  of  Agents 
and  Commissaries,  wherever  they  are 
announced  in  the  following  articles. 


Although  Mr.  Jefferson  appears  de- 
sirous that  all  the  respective  Consuls 
and  Vice  Consuls  should  be  named  by 
the  sovereign,  inconvenience  appears  to 
us  on  this  head.  All  those  who  are 
actually  established  in  America  have  the 
King's  commission.  It  is  also  very 
advantageous  that  this  should  be  the 
case,  to  permit  too  great  multiplication 
of  American  Vice  Consuls  in  France. 
Therefore  the  words,  or  by  authority,  are 
suppressed,  and  the  2d  article  of  the  old 
project  totally.  But  it  appears  necessary 
to  reserve  to  Consuls  and  Vice  Consuls 
the  right  of  naming  Agents  in  the  ports 
of  their  districts  to  correspond  with 
them,  without  the  said  Agents  having 
any  public  character  or  exequatur. 


It  is  proQosed  to  make  some  slight 
alterations  in  this  article.  It  appears 
necessary  to  grant  Consuls  some  im- 
munities, but  these  are  not  dangerous, 
when  the  cases  of  crimes  or  debts  are 
excepted.  As  to  the  papers  of  the 
chancery,  it  is  impossible  for  any  nation 
to  refuse  the  fullest  immunity;  submis- 
sion to  all  taxes  has  been  added  with 
respect  to  those  who  shall  exercise  com- 
interce.  It  is  remarked,  on  the  subject 
of  seizure  for  debts,  that  the  civil  laws 
of  France  extend  greater  personal  se- 
curity than  the  civil  laws  of  England  or 
America,  bodily  resiraint  not  generally 
taking  place  but  for  commercial  debl.s; 
find  moreover  no  person  can  be  arrested 
ill  France  for  debt  before  being  heard,  or 
nt  least  citid  judicially,  with  sufficient 
delay  for  his  defence.     It  acema  proper 


suls  and  Vice  Consuls  which  they  have 
judged  it  convenient  to  establish,  of 
preference  his  most  Christian  Majesty 
has  nominated  the  Siour  , 

and  the  United  States  have  nominated 
,  who,  after  having  com- 
municated to  each  other  their  respective 
full  powers,  have  agreed  on  what  fol- 
lows : 

Article  I.  The  Consuls  and  Vice 
Consuls  named  by  the  most  Christian 
King  and  the  United  States  shall  be 
bound  to  present  their  commissions  ac- 
cording to  the  form  which  shall  be  estab- 
lished respectively  by  the  most  Christian 
King  within  his  dominions,  and  by  the 
Congress  within  the  United  States,  there 
shall  be  delivered  to  them,  without  any 
charges,  the  exequatur  necessary  for 
the  exercise  of  their  functions,  and  on 
exhibiting  the  said  exequatur,  the  gov- 
ernors, commanders,  heads  of  justice, 
bodies-corporate,  tribunals,  and  other 
officers  having  authority  in  the  ports 
and  places  of  their  consulate,  shall  cause 
them  to  enjoy,  immediately  and  without 
difficulty,  the  preeminences,  authority, 
and  privileges,  reciprocally  granted, 
without  exacting  from  the  said  Consuls 
and  Vice  Consuls  any  duty  under  any 
pretence  whatever. 

Article  II.  The  Consuls  and  Vice 
Consuls,  and  all  persons  attached  to  the 
Consular  functions,  shall  respectively 
enjoy  personal  immunity,  excepting  in 
cases  of  crimes  or  debts.  They  shall 
also  enjoy  a  full  and  entire  immunity 
for  their  chancery  and  the  papers  which 
shall  be  therein  contained.  They  shall 
be  exempt  from  all  personal  service, 
from  soldiers'  billets,  militia  watch, 
guards,  guardianship,  trusteeship,  as 
well  as  from  all  duties,  taxes,  imposi- 
tions, and  charges  whatsoever,  except 
on  the  real  and  personal  estate  of  which 
thi'y  may  bo  the  proprietors  or  possess- 
ors, which  shall  be  subject  to  the  taxes 
impoHcd  on  the  estates  of  all  other  indi- 
viduals; and  in  all  other  instances  they 
shall  be  subject  to  the  laws  of  the  land 
&B  the  nalivca  arc.    Those  of  the  said 


DIPLOMATIC  CORRESPONDEJN'CE, 


207 


that  Congress  should  take  some  measures 
to  protect  Consuls  and  Vice  Consuls  from 
the  inconveniences  which  may  happen 
to  foreigners  from  the  forms  established 
in  the  United  States.  For  this  purpose 
they  ought  to  be  considered  as  being 
always  under  the  immediate  protection 
of  the  legislature  of  the  country,  and  not 
in  want  of  any  particular  security. 

It  is  proposed  to  let  the  3d  article 
subsist  by  suppressing  the  addition  made 
to  the  12th  article. 


A  few  words  only  have  been  altered, 
and  the  order  of  some  phrases  been 
changed,  to  explain  this  article,  and 
remove  Mr.  Jefferson's  doubts. 


It  is  proposed  to  suppress  the  addi- 
tion of  the  words,  in  all  cases  which  only 
amcem  penons  qf  tM  same  twiion,  this 


Consuls  and  Vice  Consuls  who  shall 
exercise  commerce  shall  be  respectively 
subject  to  all  taxes,  charges,  and  imposi- 
tions established  on  other  merchants. 

They  shall  place  over  the  outward 
door  of  their  house  the  arms  of  their 
sovereign;  but  this  mark  of  indication 
shall  not  give  to  the  said  house  any 
privilege  of  asylum  for  any  person  or 
property  whatsoever. 

Article  III.  The  respective  Consuls 
and  Vice  Consuls  may  establish  Agents 
in  the  different  ports  and  places  of  their 
departments,  where  necessity  shall  re- 
quire. These  Agents  may  be  chosen 
among  the  merchants,  either  national  or 
foreign,  and  furnished  with  a  commis- 
sion from  one  of  the  said  Consuls.  They 
shall  confine  themselves,  respectively, 
to  the  sending  to  their  respective  mer- 
chants, navigators,  and  vessels,  all  pos- 
sible service,  and  to  inform  the  nearest 
Consul  of  the  wantof  the  said  merchants, 
navigators,  and  vessels,  without  the  said 
Agents  otherwise  participating  in  the 
immunities,  rights,  and  privileges  attrib- 
uted to  Consuls  and  Vice  Consuls,  and 
without  power,  under  any  pretext  what- 
ever, to  exact  from  the  said  merchants 
any  duty  or  emoluments  whatsoever. 

Article  IV.  The  Consuls  and  Vice 
Consuls,  respectively,  may  establish  a 
chancery,  where  shall  be  deposited  the 
consular  determinations,  acts,  and  pro- 
ceedings, as  also  testaments,  obligations, 
contracts,  and  other  acts  done  by  or 
between  persons  of  their  nation,  and 
effects  left  by  death  or  saved  from  ship- 
wreck. 

They  may,  in  consequence,  appoint, 
for  the  business  of  the  said  chancery, 
capable  persons,  receive  them,  admin- 
ister an  oath  to  them,  give  to  them  tlie 
keeping  of  the  seal,  and  the  rights  of 
sealing  commissions,  judgments,  and 
other  acts  of  the  consulate,  as  well  as 
there  to  disclieirge  the  functions  of  nota- 
ries and  registers  of  the  consulate. 

Article  V.  The  Consuls  and  Vice 
Consuls,  respectively,  shall  have  the 
exclusive  right    of  receiving   in    their 


808 


THOMAS  JEFFERSON— JOHN  JAY. 


being  advantageous  alike  to  both  parties. 
An  act  done  in  the  consulate  may  also 
answer  the  purpose  of  the  inhabitants 
of  the  country  to  validate  a  fact,  and 
serve  as  a  proof,  if  not  obligatory. 


chancery,  or  on  board  the  vessels,  the 
declarations  and  all  the  other  acts  which 
the  captains,  masters,  crews,  passengers, 
and  merchants,  of  their  nation  may 
choose  to  make  there,  even  their  testa- 
ments and  other  disposals  by  last  will. 
And  the  copies  of  the  said  acts,  duly 
authenticated  by  the  said  Consuls  or  Vice 
Consuls  under  the  seal  of  their  consulate, 
shall  receive  faith  in  law,  equally  as 
their  originals  would,  in  all  the  tribunals 
of  the  dominions  of  the  most  Christian 
King  and  the  United  States. 

In  case  of  the  absence  of  the  testa- 
mentary executor,  guardian,  or  lawful 
representative,  they  shall  also  have,  ex- 
clusively, the  right  to  inventory,  liqui- 
date, and  proceed  to  the  sale  of  the 
personal  estate  left  by  subjects  who  shall 
die  within  the  extent  of  their  consulate; 
they  shall  proceed  therein,  with  the  as- 
sistance of  two  merchants  of  their  said 
nation,  or,  for  want  of  them,  of  any 
other  at  their  choice,  and  shall  cause  to 
be  deposited  in  their  chancery  the  effects 
and  papers  of  the  said  estates;  and  no 
officer,  military,  judiciary,  or  of  the 
police  of  the  country,  sliall  disturb  them, 
or  interfere  therein  in  any  manner  what- 
soever; but  the  said  Consuls  and  Vice 
Consuls  shall  not  deliver  up  the  said 
effects,  nor  the  proceeds  thereof,  to  the 
lawful  representatives,  nor  to  their  order, 
till  tiiey  shall  have  caused  to  be  paid 
all  debts  which  the  deceased  shall  have 
contracted  in  the  country;  for  which 
purpose  the  creditor  shall  have  a  right 
to  attach  the  said  effects  in  their  hands, 
as  they  miglit  in  those  of  any  other 
individual  whatever,  and  proceed  to 
obtain  sale  of  tiiem,  till  payment  of  what 
shall  be  lawfully  due  to  them;  when  the 
debts  shall  not  have  been  contracted  by 
judgment,  deed,  or  note,  the  signature 
whereof  shall  be  known,  payment  Hhall 
not  be  ordered  but  on  llic  creditor's 
giving  sufficient  nurety,  resident  in  the 
country,  to  refund  tlie  sums  lie  ffhall 
have  unduly  received,  prin<i])al,  interest, 
and  en"!!;  wiiiili  surety,  nevertheless, 
ehall  stand  duly  discharged  after  a  ycari 


Vol.  U.— 14 


DIPLOMATIC  CORRESPONDENCE.  209 

in  time  of  peace,  and  two  years,  in  time 
of  war,  if  the  demand  in  discharge  can- 
not be  formed  before  these  delays  against 
the  heirs,  which  sliall  present  themselves. 
And  in  order  that  the  representative  may 
not  unjustly  be  kept  out  of  the  effects  of 
the  deceased,  the  Consuls  and  Vice  Con- 
suls shall  notify  his  death  in  some  one 
of  the  gazettes  published  within  their 
consulate,  and  that  they  shall  rettiin  the 
said  effects  in  their  hands  four  months, 
to  answer  all  just  demands  which  shall 
be  presented;  and  they  shall  be  bound, 
after  this  delay,  to  deliver  to  the  persons 
succeeding  thereto  what  shall  be  more 
than  sufficient  for  the  demands  which 
shall  have  been  formed. 

Article  VI.  The  Consuls  and  Vice 
Consuls,  respectively,  shall  receive  the 
declarations,  protests,  and  reports,  of  all 
captains  and  masters  of  their  respective 
nations,  on  account  of  average  losses 
sustained  at  sea,  and  these  captains  and 
masters  shall  lodge  in  the  chancery  of 
the  said  Consuls  and  Vice  Consuls,  the 
acts  which  they  may  have  made  in  other 
ports  on  account  of  the  accidents  wliich 
may  have  happened  to  them  on  their 
voyage.  If  a  subject  of  the  most  Chris- 
tian King,  and  a  citizen  of  the  United 
States,  or  a  foreigner,  are  interested  in 
the  said  cargo,  the  average  shall  be 
settled  by  the  tribunals  of  the  country, 
and  not  by  the  Consuls  or  Vice  Consuls; 
but  when  only  the  subject  or  citizens  of 
their  own  nation  shall  be  interested,  the 
respective  Consuls  or  Vice  Consuls  shall 
appoint  skilful  persons  to  regulate  the 
damages  and  averages. 

Article  VII.  In  cases  where,  by 
tempests  or  other  accidents,  French  ships 
or  vessels  shall  be  stranded  on  the  coasts 
of  the  United  States,  and  ships  or  vessels 
of  the  United  States  shall  be  stranded  on 
the  coasts  of  the  dominions  of  the  most 
Christian  King,  the  Consul  or  Vice  Con- 
sul nearest  to  the  place  of  shipwreck 
shall  do  whatever  he  may  judge  proper, 
as  well  for  the  purpose  of  saving  the 
said  ship  or  vessel,  its  cargo,  and  appur- 
tenances,  as  for  the   storing    and   the 


210  THOMAS  JEFFERSON-JOHN  JAY. 


eecurity  of  the  effects  and  mcrcliandize 
saved.  He  may  take  an  inventory  of 
them,  without  the  intermeddling  of  any 
officers  of  the  miUtary,  of  the  customs, 
of  justice,  of  the  police  of  the  country, 
otherwise  than  to  give  to  the  Consuls, 
Vice  Consuls,  captains,  and  crew  of  the 
vessels  shipwrecked  or  stranded,  all  the 
succor  and  favor  which  they  shall  ask 
of  ihem,  either  for  the  expedition  and 
security  of  the  saving  and  of  the  effects 
saved,  as  to  prevent  all  disturbance. 

And  in  order  to  prevent  any  kind  of 
dispute  and  discussion  in  the  said  cases 
of  shipwreck,  it  has  been  agreed  that 
where  no  Consul  or  Vice  Consul  shall 
be  found  to  attend  to  the  salvage,  or 
that  the  residence  of  the  said  Consul  or 
Vice  Consul  (he  not  being  at  the  place 
of  shipwieck)  shall  be  further  distant 
from  the  said  place  than  that  of  the 
competent  territorial  judge,  the  latter 
shall  immediately  then  proceed  therein 
with  all  the  celerity,  safety,  and  pre- 
caution, prescribed  by  the  respective 
laws;  but  the  said  territorial  judge  shall 
retire  on  the  arrival  of  the  Consul  or 
Vice  Consul,  and  shall  deliver  over  to 
him  the  report  of  liis  proceeding,  the 
expenses  of  which  the  Con.ful  or  Vice 
Consul  shall  cause  to  be  reimbursed  to 
him  as  well  as  those  of  salvage. 

The  merchandize  and  effects  saved 
shall  be  deposited  in  the  custom-house, 
or  other  nearest  place  of  safety,  with 
the  inventory  of  them  which  shall  have 
been  made  by  the  Consul  or  Vice  Con- 
sul, or  by  tin:  judge  who  shall  have 
proceeded  in  tlnir  absence,  that  the  said 
effects  and  nicrclmndize  may  be  after- 
wards delivrred,  aflir  Iivying  therefrom 
the  costs,  and  without  form  of  process 
to  till!  owners,  who  being  furnished  with 
n  replevy  from  the  nearest  Consul  or 
Vice  Consul,  shall  reclaim  them  by 
themselves,  or  by  their  attorneys,  either 
for  the  purpose  of  reexporting  the  mer- 
chandi/.i',  and  in  that  case  they  shall 
pay  no  duties  of  exportation,  for  the 
piirpose  of  selling  tlwm  in  the  country 
if  llicy  arc  not  jirohibitcd,  and  in  tlxia 


DIPLOMATIC  CORRESPONDENCE. 


211 


It  is  proposed  to  restore  this  article, 
which  is  nearly  reduced  as  it  was  in  the 
first  project.  It  is  absolutely  impossible 
to  refuse  the  Consul  civil  jurisdiction 
aboard  the  vessels  belonging  to  his  na- 
tion, and  over  the  same  crew.  This 
would  be  the  more  unreasonable,  as  by 
the  following  articles  this  same  civil 
jurisdiction  is  granted  to  him  over  resi- 
dents ashore  belonging  to  his  nation, 
and  it  is  much  more  reasonable  that  he 
ought  to  preserve  it  over  such  as  remain 
under  the  national  flag.  The  exercise 
of  maritime  police  over  national  vessels 
is  the  principal  function  of  Consuls. 


This  article,  relating  to  the  delivery  of 
the  sailors,  deserters,  appears  as  though 
it  ought  to  be  detached  from  the  pre- 
ceding one;  it  has  been  endeavored  to 
reduce  it  to  a  simple  form,  and  to  pre- 
vent all  difBculty  by  regulating  the  re- 
course of  the  Consuls  to  tke  territorial 
magistrates.  No  mention  has  been  made 
of  the  passengers,  as  it  appeared  not 
proper  to  insist  on  this  matter.  The 
deserters  from  the  King's  ships  are  not 
distinguished  from  those  belonging  to 
merchant  vessels.  The  Consuls  can 
claim  both  in  the  same  manner.  The 
part  which  concerned  sending  back  the 
vessels  has  been  totally  omitted. 


latter  case,  the  said  merchandize  being 
averaged,  there  shall  be  granted  them  an 
abatement  of  the  entrance  duties,  pro- 
portioned to  the  damage  sustained,  which 
shall  be  ascertained  by  the  verbal  process 
formed  at  the  time  of  the  shipwreck,  or 
of  the  vessels  running  ashore. 

Article  VIII.  The  Consuls  and  Vice 
Consuls  shall  exercise  the  police  over  all 
the  vessels  of  their  respective  nations, 
and  shall  have  on  board  the  said  vessel 
all  power  and  jurisdiction  in  civil  matters 
in  all  the  disputes  which  may  there  arise. 
They  shall  have  an  entire  inspection 
over  the  said  vessels,  their  crews,  and 
the  changes  and  substitutions  there  to 
be  made,  and  there  shall  cause  to  be 
executed  the  respective  laws,  ordinances, 
and  rules  concerning  navigation;  for 
which  purpose  they  shall  go  on  board 
the  said  vessels  whenever  they  may 
judge  it  necessary,  without  interruption 
from  any  officer  or  other  person  what- 
soever. 

Article  IX.  The  Consuls  and  Vice 
Consuls  may  cause  to  be  arrested,  the 
captains,  officers,  mariners,  sailors,  and 
all  other  persons,  being  part  of  the  crews 
of  the  vessels  of  their  respective  nation, 
who  shall  have  deserted  from  the  said 
vessels,  in  order  to  send  them  back  and 
transport  them  out  of  the  country;  for 
which  purpose  the  said  Consuls  and 
Vice  Consuls  shall  address  themselves 
to  the  courts,  judges,  and  officers  compe- 
tent, and  shall  demand  the  said  deserters 
in  writing,  proving,  by  an  exhibition  of 
the  registers  of  the  vessels  or  ship's  roll, 
that  those  men  were  part  of  the  said 
crews,  and  on  this  demand,  thus  proved, 
the  delivery  shall  not  be  refused,  and 
there  shall  be  given  all  aid  and  assistance 
to  the  said  Consuls  and  Vice  Consuls, 
for  the  search,  seizure,  and  arrest  of  the 
said  deserters,  who  shall  even  be  de- 
tained and  kept  in  the  prisons  of  the 
country,  at  their  request  and  exjoense, 
until  they  shall  have  found  an  oppor- 
tunity of  sending  them  back.  But  if 
they  be  not  sent  back  within  three 
months,  to  be  counted  from  the  day  of 


212 


THOMAS  JEFFERSO^'-JOHN  JAY. 


This  explanation  of  Mr.  Jcflerson 
may  be  left.  The  expression,  breach  of 
the  peace,  being  the  literal  translation  of 
the  English  expression  suitable  to  this 
article. 

It  is  proposed  to  add  this  article  in 
order  to  prevent  the  inconveniences  that 
might  result  from  the  liberty  which  the 
territorial  magistrates  might  have  to 
arrest  the  crews  of  merchant  vessels, 
Euid  then  arbitrarily  detain  the  vessels  in 
the  port,  and  by  that  means  suspend  all 
activity  in  commerce  and  navigation. 
The  advice  given  to  tlie  Consuls  or  Vice 
Consuls,  that  all  these  acts  of  authority 
be  done  only  in  their  presence,  by  no 
means  suspends  the  course  of  justice, 
seeing  he  cannot  oppose  it,  but  he  will 
be  in  a  situation  to  make  claims  which 
will  prevent  the  effect  of  surprises  which 
might  be  attempted  on  the  local  magis- 
trates, by  demanding  from  them  decrees 
or  warrants,  the  fatal  consequences  of 
which  they  might  be  left  in  ignorance  of. 
The  Consuls  and  Vice  Consuls,  duly 
notified,  miglit  legally  proceed  according 
to  circumstances  for  the  general  interests 
of  commerce,  and  those  of  their  nation 
in  particular. 


The  Iftflt  part  of  thi.s  article  is  import- 
ant; it  deoH  not  appear  that  there  can  l)e 
any  difficulty  in  di-livcring  to  the  Consuls 
or  Vice  ConHuls,  the  persons  arrested 
under  the  fla;;  of  their  nation,  wh<n 
there  Hhall  lie  no  longer  any  occasion 
'.o  d'lain  them  in  the  tirrilorinl  prinohH, 
and  consequently  thr  justice  of  the  coun- 
try Hhall  have  no  furih<T  right  over  them. 
The  precaution  token  in  this  article  ia 
nrrejiiiary  tn  prevent  deHertion;  without 
which  a  sailiir  who  wished  to  disert 
ttJght  concert  measures  with  a  person  of 


arrest,  they  shall  be  set  at  liberty,  and 
shall  no  more  be  arrested  for  the  same 
cause. 

Article  X.  In  cases  where  the  re- 
spective subjects  or  citizens  shall  have 
committed  any  crime  or  breach  of  the 
peace,  they  shall  be  amenable  to  the 
judges  of  the  country. 

Article  XI.  When  the  said  offenders 
shall  be  a  part  of  the  crew  of  a  vessel  of 
their  nation,  and  shall  have  withdrawn 
themselves  on  board  their  said  vessels, 
they  may  be  there  seized  and  arrested, 
but  tlie  delivery  shall  be  first  demanded 
by  the  territorial  magistrates  from  the 
Consuls  of  their  nation,  who  shall  not 
refuse  it,  and  whenever  it  shall  be  judged 
necessary  to  make  inquiry  and  search 
on  board  the  said  merchant  vessels,  such 
cannot  be  made  but  in  the  presence  of 
the  said  Consuls  and  Vice  Constds,  or 
until  after  they  shall  have  been  informed 
and  invited  to  repair  on  board.  But  at 
any  rate  no  person  can  be  seized  or 
arrested,  either  on  account  of  crimes, 
debts,  or  for  any  other  causes  whatso- 
ever, on  board  tlie  said  vessels,  but  in 
presence  of  the  said  Consuls  or  Vice 
Consuls,  or  until  after  they  shall  have 
been  duly  notified.  The  said  persona 
thus  seized  wid  arrested  shall  not  after- 
wards be  set  at  liberty  until  the  Consul 
or  Vice  Consul  shall  have  been  notified 
thereof,  and  they  shall  be  delivered  to 
him,  if  he  requires  it,  to  be  put  again  on 
board  the  vessels  in  which  they  were 
arrested,  or  others  of  their  nation,  to  be 
sent  out  of  the  country. 


J 


DIPLOMATIC  CORRESPONDENCE. 


213 


the  country  to  be  arrested  for  a  supposed 
debt,  remain  in  prison  until  the  sailing 
of  the  vessel,  and  afterwards  set  at 
liberty.  This  reprehensible  manoeuvre 
has  been  practised  already. 

It  is  contrary  to  all  the  principles  of 
the  right  of  nations,  that  the  civil  and 
military  magistrates  exercise  any  au- 
thority whatever  on  board  the  vessels  of 
war  belonging  to  a  friendly  nation,  and 
this  article  is  conformable  to  regulations 
with  other  nations,  particularly  with 
what  has  been  agreed  to  in  the  project 
of  a  Convention  with  the  Republic  of 
Genoa. 


This  article  is  tlie  9th  of  Mr.  Jeffer- 
son's project.  Some  words  have  only 
been  added  to  designate  in  a  more  par- 
ticular manner,  the  affairs  between  the 
crews  of  vessels  belongmg  to  the  same 
nation  which  appertains  in  a  sjiecial 
manner  to  the  consular  jurisdiction.  It 
is  proposed  to  retrench  the  words,  if  one 
of  the  parties  demand  it,  because  the  re- 
course to  foreign  tribunals  in  such  cases 
is  absolutely  illegal  for  Frenchmen. 


Article  XII.  No  search  shall  in  any- 
wise be  made  on  board  of  the  respective 
ships  of  war.  But  if  there  is  reason  to 
suppose  that  offenders  have  taken  refuge 
on  board  them,  the  delivery  shall  be 
demanded  by  the  magistrates  or  territorial 
officers,  from  the  Consul  or  Vice  Consul 
of  the  nation,  or  from  the  commanders 
of  the  said  vessels.  In  the  ports  where 
there  shall  be  no  Consul  or  Vice  Consul, 
the  said  commanders  shall  not  refuse  to 
deliver  up  the  offenders,  and  send  them 
ashore  to  be  put  into  the  hands  of  the 
magistrates  or  officers.  In  case  the  com- 
manders of  the  aforesaid  vessels  of  war 
should  declare  that  the  offenders  are  not 
on  board  their  vessels,  they  shall  be 
believed  on  their  words,  without  any 
further  search  being  made. 

Article  XIII.  All  differences  and  suits 
between  the  subjects  of  the  most  Chris- 
tian King  in  the  United  States,  or  between 
the  citizens  of  the  United  States  within 
the  dominions  of  the  most  Christian  King, 
and  particularly  all  disputes  relative  to 
the  wages  and  terms  of  engagement  of 
the  crews  of  the  respective  vessels,  and 
all  differences,  of  whatever  nature  they 
be,  which  may  arise  between  the  privates 
of  the  said  crews,  or  between  any  of 
them  and  their  captains,  or  between  the 
captains  of  different  vessels  of  their 
nation,  shall  be  determined  by  the  re- 
spective Consuls  and  Vice  Consuls,  either 
by  a  reference  to  arbitrators  or  by  a 
summary  judgment,  and  without  costs. 
No  officer  of  the  country,  civil  or  mili- 
tary, shall  interfere  therein,  or  take  any 
pai't  whatever  in  the  matter;  and  the 
appeals  from  the  said  consular  sentences 
shall  be  carried  before  the  tribunals  of 
France  or  of  the  United  States,  to  whom 
it  may  appertain  to  teike  cognizance 
thereof. 

Article  XFV.  The  general  utility  of 
commerce  having  caused  to  be  established 


214  THOMAS  JEFFERSON-JOHN  JAY. 


within  the  dominions  of  the  most  Cliris- 
tian  King  particular  tribunals  and  forms 
for  expediting  the  decision  of  commercial 
affairs,  the  merchants  of  the  United  States 
shall  enjoy  the  benefit  of  these  establish- 
ments; and  the  Congress  of  the  United 
States  will  provide  in  the  manner  the 
most  conformable  to  its  laws,  equivalent 
advantages  in  favor  of  the  French  mer- 
chants for  the  prompt  despatch  and  decis- 
ion of  affairs  of  the  same  nature. 

Article  XV.  The  subjects  of  the  most 
Christian  King  and  citizens  of  the  United 
States,  who  shall  prove  by  legal  evidence 
that  they  are  of  the  said  nations,  respect- 
ively, shall,  in  consequence,  enjoy  an 
exemption  from  all  personal  service  in 
the  place  of  tlicir  settlement. 

Article  XVI.  If  any  other  nation  re- 
quire, by  virtue  of  any  convention  what- 
ever, a  treatment  more  favorable  with 
respect  to  the  consular  preeminences, 
powers,  authority,  privileges,  the  Con- 
suls and  Vice  Consuls  of  the  most  Chris- 
tian King  or  of  the  United  States,  recipro- 
cally, shall  participate  tlierein,  agreeable 
to  the  terms  stipulated  by  the  2d,  3d,  and 
4th  articles  of  the  treaty  of  amity  and 
commerce  concluded  between  the  most 
Christian  King  and  the  United  States. 

Article  XVII.  The  present  conven- 
tion shall  be  in  full  force  during  the  term 
of  twelve  years,  to  be  counted  from  the 
day  of  the  exchange  of  the  ratifications, 
which  shall  be  in  proper  form  and  ex- 
changed on  both  sides  within  the  space 
of  one  year,  or  sooner,  if  possible. 

In  faith  whereof,  &c. 


Arti<:lp:  I.   Ar^rocd. 

AuTicLK  II.  Tlj(!  word.s,  ^^ jouiront  respect ivemcnt  dc  Vimmnnite 
persoiidlc,  sauf  Ics  cas  dc  crimes  on  dc  dcttcs,^'  arc  omitted.  Two 
descriptions  of  persons  arc  well  known  to  the  laws  of  both  countries: 
1st.  Those  subject  to  the  laws  of  th(^  land  ;  and,  2d.  Tliosc  subject 
only  to  the  laws  of  nations.  Th(^  ()ldi<rations  and  tiie  privileges  of 
each  of  these  arc  so  well  settled  that  few  or  no  disputes  can  arise 


DIPLOMATIC  CORRESPONDENCE.  215 

about  them.  But  a  middle  character  between  the  two  would  be 
new  and  unknown,  and  would  introduce  endless  questions  and  dis- 
cussions. If  it  be  thought  that  the  words,  "  sauf  les  cas  de  crimes 
ou  de  dettes,"  replace  them  freely  under  the  law  of  the  land,  then 
the  whole  passage  is  useless.  If  the  exception  be  as  broad  as  the 
rule,  both  may  be  omitted.  But  in  truth  the  exception  as  to  "  crimes 
and  debts"  would  not  replace  them  fully  under  the  laws  of  the  land ; 
for,  1.  They  would  not  be  obliged  to  give  testimony  in  a  court  of 
justice.  2.  They  are  cases  of  trespass,  of  trust,  and  of  special 
contract,  not  included  in  a  strict  and  legal  acceptation  of  the  terms 
"crimes  and  debts,"  and  in  which,  therefore,  they  would  be  exempted 
from  the  justice  of  the  country. 

It  is  proposed,  also,  to  omit  the  words  "  toutes  les  personnes 
attachees  auv  fonctions  consulaires,^^  to  prevent  the  abuses  which 
would  inevitably  arise  from  an  extension  of  the  consular  immunities 
to  an  indefinite  number  of  persons.  The  subordinate  characters 
really  attached  to  the  consulate  will  be  completely  protected  against 
avocation  from  their  duties,  or  molestation  in  the  exercise  of  them 
by  the  fifteenth  article,  "  exempting  them  from  all  personal  services," 
which  is  all  that  can  be  desired,  if  they  be  foreigners,  and  which 
ought  not  to  be  desired  if  they  be  natives.  For  no  native  should 
have  it  in  his  power  to  withdraw  himself  from  an  obedience  to  the 
laws  of  his  country  while  he  remains  in  it. 

Article  III.  Agreed. 

Article  IV.  Agreed. 

Article  V.  Agreed,  only  reestablishing  the  words  "comme  h 
feraienf  instead  of  "  ^et  auront  la  meme  force  que." 

Article  VI.  Agreed. 

Article  VII.  Agreed. 

Article  VIII.  This  article  proposes  to  give  to  Consuls,  1st.  Civil 
jurisdiction  on  board  their  vessels;  2d.  A  power  to  execute  the 
ordinances  relative  to  navigation ;  3d.  A  right  to  go  on  board  for 
these  purposes  at  all  times,  without  hindrance.  The  first  and  third 
of  these  admit  of  no  difficulty ;  but  the  second  could  not  be  agreed 
to,  because  it  establishes  a  whole  code  at  once,  the  contents  of 
which  are  unknown  to  the  party  within  whose  territory  it  is  to  be 
executed.  When  each  concedes  to  the  other  a  civil  jurisdiction 
within  its  own  ports,  it  knows  the  extent  of  its  concession;  but 
when-  it  permits  the  enforcement  of  all  the  navigation  laws  of  the 


216  THOMAS  JEFFERSON-JOHN  JAY. 

otlier  in  a  lump,  it  does  not  know  what  it  concedes.  They  may 
include  a  criminal  jurisdiction ;  they  may  be  contrary  to  bills  of 
rights,  or,  if  not  so  at  present,  they  may  be  hereafter.  It  is  surely 
prudent  and  honorable  for  us  to  stipulate  to  each  other  only  what  we 
know  we  can  execute.  But  we  do  not  know  we  can  execute,  if  we 
do  not  know  what  we  stipulate. 

Article  IX.  Agreed,  with  two  alterations:  1st.  Omitting  the 
words  "  et  autres personnes,''  because  the  others,  "  capitaines,  oj/icicrs, 
moriniers  et  matelotsj"  are  supposed  to  comprehend  the  whole  crew. 
If  they  do  not,  it  will  be  better  to  add  other  specifications,  rather 
than  words  so  indefinite  as  "  autres  pcrsonncs ;"  2d.  Omitting  "par 
V exhibition  des  registres  du  hdtimcnt  ou  role  d^equipage."  I  suppose 
that  the  legal  constmction  of  these  words  must  be  weaker  under 
the  laws  of  France  than  of  the  United  States ;  othenvise'  they 
would  not  be  proposed.  Their  effect  in  the  United  States  would  be 
to  make  the  ship's  roll  so  conclusive  that  no  contrary  evidence  could 
be  opposed  to  it.  A  master  of  a  ship,  for  instance,  inserting  in  his 
roll  the  name  of  a  citizen  of  the  United  States  who  had  never  seen 
his  ship ;  that  citizen  must  be  delivered  to  him,  if  these  words  were 
to  remain.  It  is  not  probable,  indeed,  that  the  master  of  a  ship 
would  be  so  indiscreet;  but  neither  is  it  proper  to  rest  personal 
liberty  on  the  discretion  of  a  master  of  a  ship.  Without  these  words, 
the  clause  will  stand  ''  cti  justifiant  que  ses  homines  faisaiint  partie 
des  susdits  equipages ;"  his  claims  may  then  be  supported  and  con- 
tested, as  all  other  claims  may  be,  by  every  species  of  legal  evidence. 
He  will  stand  on  the  same  footing  with  native  officers  reclaiming  their 
deserted  sailors. 

Article  X.  Agreed. 

Article  XI.  This  article  proposes,  1st.  That  there  shall  bo  no 
arrest  for  crimrs  or  debts,  but"  in  presence  of  \\\v  Consul  or  Vice 
Consul ;  2d.  That  no  ship  shall  be  searched  but  in  his  presence. 
Tiiese  propositions  are  new.  The  principh-  on  which  we  have  pro- 
ceedf'd  hilhcrto  has  been  that,  in  all  cases,  where  the  nation  or  any 
member  of  it,  is  roncerned,  the  national  jurisdiction  shall  have  free 
and  unrestrained  course.  Rut  this  ariiclc  j)roj)oses  to  clog  it  with 
a|)j)lications  to  the  foreign  Consul,  and  that  it  shall  await  his  attend- 
ance, if  he  chooses  to  attend.  How  (juickly  he;  may  attend,  will 
depend  on  his  being  readily  found,  on  his  being  disengaged,  on  his 
distance   from   the  ship,   on   his   personal   activity   and   good   faith. 


DIPLOMATIC  CORRESPONDENCE.  217 

Some,  or  all  of  these  circumstances,  will  generally  give  full  time  for 
the  criminal  or  debtor  to  escape,  or  for  the  contraband  goods  to  be 
withdrawn. 

That  part  of  this  article  which  is  intended  to  prevent  a  collusive 
desertion  of  sailors,  not  being  liable  to  the  same  objections,  is  agreed 
to,  as  follows :  "  Lorsque  les  dits  conpables  feront  partie,  de  V equip- 
age de  run  des  bdtiments  de  leur  nation,  ils  ne  pourront  etre  ensuite 
mis  en  liberie  qu'  apres  que  le  Consul  ou  Vice  Consul,  en  aura  etc 
prevenu  el  ils  lui  seront  remis,  s^il  le  requiert,  pour  etre  reconduits 
sur  les  bdtiments  ou  ils  auraient  etc  arrettes  ou  autres  de  leur  nation, 
et  etre  renvoyes  hers  dupays." 

Article  XII.  This  article  is  new  also,  and  liable  to  the  same 
objections  with  the  preceding,  and  in  a  higher  degree,  as  rendering 
the  ports  of  the  two  nations  still  more  completely  extra-territorial. 
The  clause  which  would  make  the  captain's  word  conclusive  evidence 
that  the  criminal  who  is  seen  standing  on  his  deck,  is  not  there, 
comes  under  all  the  objections  which  were  made  in  a  former  paper, 
to  whatever  should  control  a  fair  and  full  investigation  of  a  fact. 
Our  laws  permit  every  species  of  proof  to  be  opposed  by  counter 
proof.  The  convention  of  the  neutral  Powers  in  the  late  war, 
made  the  captain's  word  conclusive  evidence,  that  no  contraband 
goods  were  on  board  the  vessels  under  his  convoy ;  but  this  in  cases 
arising  on  the  high  seas.  The  sea  belongs  to  no  nation.  No  nation, 
therefore,  has  a  natural  right  to  search  the  ships  of  another  on  the 
high  seas.  The  contrary  practice  has  been  an  abuse,  and  the  aban- 
donment of  it  is  a  reformation  of  that  abuse,  a  reestablishment  of 
natural  right.  But  the  ports  of  a  nation  are  a  part  of  its  territory. 
They  are  often  within  the  body  of  a  town,  and  an  immunity  from 
the  restraint  of  law  granted  to  strangers  within  the  port  would  be  as 
productive  of  disorder  as  if  granted  to  those  in  the  town  or  in  the 
country.  All  judges,  civil  and  criminal,  derive  their  authority  from 
the  sovereign  of  the  country  wherein  they  act.  For  the  encourage- 
ment of  commerce,  it  is  become  usual  to  permit,  by  conventions, 
foreign  merchants  of  the  same  country  to  refer  theh*  disputes  to  a 
judge  of  their  own.  But  in  criminal  cases,  in  cases  which  interest 
numbers  of  their  own,  or  any  other  State,  or  the  State  itself,  it  is 
apprehended  not  to  be  the  practice  for  the  natioo  to  part  with  its 
authority,  and  that  neither  order  nor  justice  would  be  promoted  by 
it.     Particularly  to  leave  to  the  discretion  of  a  captain,  whether  his 


218  THOMAS  JEFFERSON- JOHN  JAY. 

ship  shall  be  an  asylum  for  fugitive  debtors,  whether  the  disorders  or 
crimes  committed  by  his  sailors,  or  by  others  taking  refuge  in  his 
ship,  should  be  punished  or  not,  cannot  be  a  means  of  encouraging 
the  commerce  between  the  two  nations,  nor  promote  the  interest 
or  honor  of  either.  Nor  has  the  impunity  any  relation  to  the 
functions  of  a  Consul,  which  are  the  sole  object  of  the  present  con- 
vention. 

Articles  XIII,  XIV,  XV,  XVI,  and  XVII.     Agreed. 


JN'o.  4. 

SECOND    FORM    PROPOSED    OX    THE    PART    OF    THE    UNITED    STATES. 

Convention  between  his  most  Christian  Majesty  and  the  United 
States  of  America,  for  the  jjurposc  of  defining  and  establishing 
the  functions  and  privileges  of  their  respective  Consuls  and  Vice 
Consuls. 

His  Majesty  the  most  Christian  King  and  the  United  States  of 
America  having,  by  the  twenty-ninth  article  of  the  treaty  of  amity 
and  commerce  concluded  between  them,  mutually  granted  the  liberty 
of  having  in  their  respective  States  and  ports  Consuls,  Vice  Con- 
suls, Agents,  and  Commissaries ;  and  being  willing,  in  consequence 
thereof,  to  define  and  establish  in  a  reciprocal  and  permanent  manner, 
the  functions  and  prerogatives  of  Consuls  and  Vice  Consuls,  which 
they  have  judged  it  convenient  to  establish  of  preference,  his  most 
Christian  Majesty   has  nominated  the  Sieur  , 

and  liie  United  States  have  nominated  ,  who, 

after  having  communicated  to  each  other  tlieir  respective  full  powers, 
have  agreed  on  what  follows : 

Article  I.  The  Consuls  and  Vice  Consuls  named  by  the  most 
Christian  King  and  the  United  States,  shall  be  bound  to  present  their 
commissions,  according  to  the  forms  which  shall  be  established 
respectively  by  tiie  most  Christian  King  within  his  dominions,  and 
by  the  Congress  within  the  United  States.  Tiiere  shall  be  delivered 
to  them  without  any  charges,  the  exequatur  necessary  for  the  exer- 
cise of  their  fuiic-tions ;  and  on  exliibiting  the  said  exequatur,  the 
governors,  commanders,  heads  of  juslir.c,  bodies  corporate,  tribunals, 
or  other  officers  having  authority  in  the  ])orls  and  places  of  their 
consulates,   shall    cause    iheni    to   enjoy,  inunediatcly  and  without 


DIPLOMATIC  CORRESPONDENCE.  219 

difficulty,  the  preeminences,  authority,  and  privileges  reciprocally 
granted,  without  exacting  from  the  said  Consuls  and  Vice  Consuls 
any  fee  under  any  pretext  whatever. 

Article  II.  The  Consuls  and  Vice  Consuls  shall  enjoy  a  full  and 
entire  immunity  for  their  chancery,  and  the  papers  therein  contained. 
They  shall  be  exempt  from  all  personal  service,  from  soldiers'  billets, 
militia  watch,  guard,  guardianship,  trusteeship,  as  well  as  from  all 
duties,  taxes,  impositions,  and  charges  whatsoever,  except  on  the 
estate,  real  and  personal,  of  which  they  may  be  the  proprietors  or 
possessors,  which  shall  be  subject  to  the  taxes  imposed  on  the  estates 
of  all  other  individuals ;  and  in  all  other  instances  they  shall  be 
subject  to  the  laws  of  the  land  as  the  natives  are. 

Those  of  the  said  Consuls  and  Vice  Consuls,  who  shall  exercise 
commerce,  shall  be  respectively  subject  to  all  taxes,  charges,  and 
impositions  established  on  other  merchants. 

They  shall  place  over  the  outward  door  of  their  houses  the  arms 
of  their  sovereign,  without  that  this  mark  of  distinction  shall  give  to 
the  said  houses  the  right  of  asylum  for  any  person  or  property 
whatsoever. 

Article  III.  The  respective  Consuls  and  Vice  Consuls  may 
establish  agents  in  the  different  ports  and  places  of  their  departments 
when  necessity  shall  require.  These  agents  may  be  chosen  among 
the  merchants,  either  national  or  foreign,  and  furnished  with  a  com- 
mission from  one  of  the  said  Consuls.  They  shall  confine  themselves 
respectively  to  the  rendering  to  their  respective  merchants,  navigators, 
and  vessels  all  possible  service,  and  to  infomi  the  nearest  Consul  of 
the  wants  of  the  said  merchants,  navigators,  and  vessels,  without  the 
said  agents  otherwise  participating  in  the  immunities  attributed  to 
Consuls  and  Vice  Consuls,  and  without  power,  under  any  pretext 
whatever,  to  exact  from  the  said  merchants  any  duty  or  emolument 
whatever. 

Article  IV.  The  respective  Consuls  and  Vice  Consuls  may 
establish  a  chancery,  where  shall  be  deposited  the  consular  delib- 
erations, acts,  and  proceedings,  as  also  testaments,  obligations, 
contracts,  and  other  acts  done  by,  or  between  persons  of  their 
nations,  and  effects  left  by  deceased  persons,  or  saved  from  ship- 
wreck. 

Th^y  may  consequently  appoint  for  the  business  of  the  said 
chancery  capable  persons,  receive  them,  administer  an  oath  to  them, 


220  THOMAS  JEFFERSON-JOHN  JAY. 

give  to  them  the  keeping  of  the  seal,  and  the  right  of  sealing 
commissions,  judgments,  and  other  consular  acts,  as  well  as  there 
to  discharge  the  functions  of  notaries  and  registers  of  the  con- 
sulate. 

Article  V.  The  respective  Consuls  and  Vice  Consuls  shall  have 
the  exclusive  right  of  receiving  in  their  chancery,  or  on  board  of 
vessels,  the  declarations  and  all  the  other  acts  which  the  captains, 
masters,  seamen,  passengers,  and  merchants  of  their  nation  would 
make  there,  even  their  testaments  and  other  dispositions  of  last  will ; 
and  in  the  copies  of  the  said  acts  duly  authenticated  by  the  said 
Consuls  or  Vice  Consuls,  under  the  seal  of  their  consulate,  shall 
receive  faith  in  law  equally  as  their  originals  would,  in  all  the 
tribunals  of  the  dominions  of  the  most  Christian  Kmg  and  the  United 
States. 

They  shall  also  have,  and  exclusively,  in  case  of  the  absence  of 
the  testamentary  executor,  guardian,  or  lawful  heirs,  the  right  to 
inventory,  liquidate,  and  proceed  to  the  sale  of  the  personal  estate 
left  by  subjects  or  citizens  of  their  nation,  who  shall  die  within  the 
extent  of  their  consulate ;  they  shall  proceed  therein,  with  the 
assistance  of  two  merchants  of  their  said  nation,  or  for  want  of  them, 
of  any  other  at  their  choice ;  shall  cause  to  be  deposited  in  their 
chancery  the  effects  and  papers  of  the  said  estates ;  and  no  officer, 
mihtary,  judiciary,  or  of  the  police  of  the  country,  shall  disturb  them, 
or  interfere  therein,  in  any  manner  whatsoever ;  but  the  said  Consuls 
or  Vice  Consuls  shall  not  deliver  up  the  said  effects,  nor  the  proceeds 
thereof,  to  the  lawful  representatives,  or  to  their  order,  till  they  shall 
have  caused  to  be  paid  all  debts  which  the  deceased  shall  have 
contracted  in  the  country;  for  which  purpose  the  creditors  shall  have 
a  right  to  attach  the  said  effects  in  their  hands  as  they  might  in  those 
of  any  other  individual  whatever,  and  proceed  to  obtain  sale  of 
them  till  ))ayniciit  of  what  .shall  be  lawfully  due  to  th(;m.  When  the 
debts  shall  not  have  been  contracted  by  judgment,  deed,  or  note,  the 
signature  whereof  shall  he  known,  payment  shall  not  be  ordered  but 
on  the  creditor's  giving  suflieient  surety  resident  in  the  country  to 
rcfimd  the  sums  ho  shall  have  unduly  received,  principal,  interest, 
and  costs,  whieli  surety  shall,  nevertheless,  remain  duly  discharged 
after  a  year  in  time  of  peace,  and  two  years  in  time  of  war,  if  the 
demand  in  discbarge  cannot  be  fonned  before  these  delays  against 
the  heirs  which  shall  present  themselves. 


DIPLOMATIC  CORRESPONDENCE.  221 

And  in  order  that  the  representatives  may  not  be  unjustly  kept  out 
of  the  effects  of  the  deceased,  the  Consuls  and  Vice  Consuls  shall 
notify  his  death  in  some  one  of  the  gazettes  published  within  their 
consulate,  and  that  they  shall  retain  the  said  effects  m  their  hands 
four  months  to  answer  all  just  demands  which  shall  be  presented ; 
and  they  shall  be  bound,  after  this  delay,  to  deliver  to  the  persons 
succeeding  thereto,  what  shall  be  more  than  sufficient  for  the 
demands  which  shall  have  been  formed. 

Article  VI.  The  respective  Consuls  and  Vice  Consuls  shall 
receive  the  declarations,  protests,  and  reports  of  all  captains  and 
masters  of  their  respective  nations,  on  account  of  average  losses 
sustained  at  sea ;  and  these  captains  and  masters  shall  lodge  in  the 
chancery  of  the  said  Consuls  and  Vice  Consuls,  the  acts  which  may 
have  happened  to  them  on  their  voyage.  If  a  subject  of  the  most 
Christian  King,  and  a  citizen  of  the  United  States  or  a  foreigner,  are 
interested  in  the  said  cargo,  the  average  shall  be  settled  by  the 
tribunals  of  the  country,  and  not  by  the  Consuls  or  Vice  Consuls; 
but  when  only  the  subjects  or  citizens  of  their  own  nation  shall  be 
interested,  the  respective  Consuls  or  Vice  Consuls  shall  appoint 
skilful  persons  to  settle  the  damage  and  average. 

Article  VII.  In  cases  where,  by  tempests  or  other  accidents, 
French  ships  or  vessels  shall  be  stranded  on  the  coasts  of  the  United 
States,  and  ships  or  vessels  of  the  United  States  shall  be  stranded  on 
the  coasts  of  the  dominions  of  the  most  Christian  King,  the  Consul 
or  Vice  Consul  nearest  to  the  place  of  shipwreck  shall  do  whatever 
he  may  judge  proper,  as  well  for  the  purpose  of  saving  the  said  ship 
or  vessel,  its  cargo  and  appurtenances,  as  for  the  storing  and  security 
of  the  effects  and  merchandize  saved.  He  may  take  an  inventory 
of  them  without  the  intermeddling  of  any  officers  of  the  military,  of 
the  customs,  of  justice,  or  of  the  police  of  the  country,  otherwise 
than  to  give  the  Consuls,  Vice  Consuls,  captains  and  crew  of  the 
vessel  or  ship  wrecked  or  stranded  all  the  succor  and  favor  which 
they  shall  ask  of  them,  either  for  the  expedition  and  security  of  the 
saving  of  the  effects  saved,  as  to  prevent  all  disturbance. 

To  prevent  even  any  kind  of  dispute  and  discussion  in  the  said 
cases  of  shipwreck  it  has  been  agreed  that  where  no  Consul  or  Vice 
Consul  shall  be  found  to  attend  to  the  salvage,  or  that  the  residence 
of  the  said  Consul  or  Vice  Consul  (he  not  being  at  the  place  of 
shipwTeck)  shall  be  further  distant  from  the  said  place  than  that  of 


222  THOMAS  JEFFERSON— JOHN  JAY. 

the  competent  territorial  Judge,  the  latter  shall  immediately  proceed 
therein  with  all  the  celerity,  safety,  and  precaution  prescribed  by  the 
respective  laws;  but  the  said  territorial  Judge  shall  retire  on  the 
coming  of  the  Consul  or  Vice  Consul,  and  shall  resign  to  him  the 
procedures  by  him  done,  the  expenses  of  which  the  Consul  or  Vice 
Consul  shall  cause  to  be  reimbursed  to  him,  as  well  as  those  of 
saving  the  wreck. 

The  merchandize  and  effects  saved  shall  be  deposited  in  the 
custom-house,  or  other  nearest  place  of  safety,  with  the  inventory 
thereof,  which  shall  be  made  by  the  Consul  or  Vice  Consul,  or,  in 
their  absence,  by  the  Judge  who  shall  have  had  cognizance  thereof, 
that  the  said  effects  and  merchandize  may  afterwards  be  delivered, 
after  levying  therefrom  the  costs,  and  without  form  of  process,  to  the 
proprietors,  who,  being  furnished  with  a  replevy  from  the  nearest 
Consul  or  Vice  Consul,  shall  reclaim  them  by  themselves,  or  by  their 
attorneys,  either  for  the  purpose  of  reexporting  the  merchandizes — 
and  in  that  case  they  shall  pay  no  kind  of  duties  of  exportation — or 
for  the  purpose  of  selling  them  in  the  country,  if  they  are  not 
prohibited ;  and  in  this  latter  case,  the  said  merchandize  being 
averaged,  there  shall  be  wanted  them  an  abatement  of  the  entrance 
duties  proportioned  to  the  damage  sustained,  which  shall  be  ascer- 
tained by  the  verbal  process  formed  at  the  time  of  the  shipwreck  or 
of  the  vessel's  running  ashore. 

Article  VIII.  The  Consuls  and  Vice  Consuls  shall  have  on 
board  of  the  vessels  of  their  respective  nations  all  power  and  juris- 
diction in  civil  matters;  and  for  this  piir])ose  they  may  go  there 
without  being  interrupted  by  any  oflicer  or  other  person  what- 
soever. 

Article  IX.  The  Consuls  and  Vice  Consuls  may  cause  to  be 
arrested  the  captains,  officers,  manners,  sailors  of  the  crews  of  the 
vessels  of  their  respective  nations,  wlio  shall  have  deserted  from  the 
said  vessels,  in  order  to  send  them  back  imd  transport  them  out  of 
the  country.  For  which  purpose  the  said  Consuls  and  Vice  Consuls 
shall  address  themselves  to  the  competent  tribunals,  judges,  and 
officers,  and  shall  demand  from  tlu-m  the  said  deserters  in  writing, 
proving  that  those  men  made  a  part  of  the  said  crew;  and  on  this 
df'inand,  so  proved,  the  delivery  shall  not  lie  refused;  and  there 
shall  be  given  all  aid  and  assistance  to  the  said  Consuls  and  Vice 
Consuls  for  tiic  search,  seizure,  and  arrest  of  the  said  deserters,  who 


DIPLOMATIC  CORRESPONDENCE.  223 

shall  even  be  detained  and  kept  in  the  prisons  of  the  country,  at 
their  request  and  expenses,  until  they  shall  have  found  an  opportunity 
of  sending  them  back.  But  if  they  be  not  sent  back  within  three 
months,  to  be  counted  from  the  day  of  arrest,  they  shall  be  set  at 
liberty,  and  be  no  more  arrested  for  the  same  cause. 

Article  X.  In  cases  where  the  respective  subjects  or  citizens 
shall  have  committed  any  crime  or  breach  of  the  peace,  they  shall  be 
amenable  to  the  judges  of  the  country. 

Article  XI.  When  the  said  offenders  shall  be  a  part  of  the 
crew  of  the  vessel  of  their  nation,  they  shall  not  afterwards  be  set  at 
liberty  until  the  Consul  or  Vice  Consul  shall  have  been  notified 
thereof;  and  they  shall  be  delivered  to  him  if  he  requires  it,  to  be 
put  again  on  board  of  the  vessel  on  which  they  were  arrested,  or  of 
others  of  their  nation,  and  to  be  sent  out  of  the  country. 

Article  XII.  All  differences  and  suits  between  the  subjects  of 
the  most  Christian  King  in  the  United  States,  or  between  the  citizens 
of  the  United  States  within  the  dominions  of  the  most  Christian 
King,  and  particularly  all  disputes  relative  to  the  wages  and  terms 
of  engagement  of  the  crews  of  the  respective  vessels,  and  all  differ- 
ences of  whatever  nature  they  be  which  may  arise  between  the 
privates  of  the  said  crews,  or  between  any  of  them  and  their 
captains,  or  between  the  captains  of  different  vessels  of  their  nation, 
shall  be  determined  by  the  respective  Consuls  and  Vice  Consuls, 
either  by  a  reference  to  arbitration  or  by  a  summary  judgment,  and 
without  costs.  No  officer  of  the  country,  civil  or  military,  shall 
interfere  therein,  or  take  any  part  whatever  in  the  matter;  and  the 
appeals  from  the  said  consular  sentences  shall  be  carried  before 
the  tribunals  of  France  or  of  the  United  States,  to  whom  it  may 
appertain  to  take  cognizance  thereof. 

Article  XIII.  The  general  utility  of  commerce  having  caused 
to  be  established  within  the  dominions  of  the  most  Christian  King 
particular  tribunals  and  forms  for  expediting  the  decision  of  com- 
mercial affairs,  the  merchants  of  the  United  States  shall  enjoy  the 
benefit  of  these  establisliments ;  and  the  Congress  of  the  United 
States  will  provide  in  the  manner  most  conformable  to  its  laws 
equivalent  advantages  in  favor  of  the  French  merchants,  for  the 
prompt  despatch  and  decision  of  affairs  of  the  same  nature. 

Article  XIV.  The  subjects  of  the  most  Christian  King  and  the 
citizens  of  the  United  States  who  ghall  prove  by  legal  evidence  that 


224  THOMAS  JEFFERSOX— JOHN  JAY. 

they  are  of  the  said  nation  respectively,  shall  in  consequence  enjoy 
an  exemption  from  all  personal  service  m  the  place  of  their  settle- 
ments. 

Article  XV.  If  any  other  nation  requires  by  virtue  of  any 
convention  whatever,  a  treatment  more  favorable  with  respect  to  the 
consular  preeminences,  powers,  authority,  and  pri\ileges,  the  Con- 
suls and  Vice  Consuls  of  the  most  Christian  King,  or  of  the  United 
States  reciprocally  shall  participate  therein,  agreeably  to  die  terms 
stipulated  by  the  2d,  3d,  and  4th  articles  of  the  treaty  of  amity  and 
commerce  concluded  between  the  most  Christian  King  and  the 
United  States. 

Article  XVI.  The  present  convention  shall  be  in  force  during 
the  term  of  twelve  years,  to  be  counted  from  the  day  of  the  exchange 
of  ratifications,  which  shall  be  given  in  proper  form,  and  exchanged 
on  both  sides  within  the  space  of  one  year  or  sooner  if  possible. 

In  faith,  whereof,  &ic. 


No.  5. 

CONSULAR   CONVENTION. 

Convention  between  his  most  Christian  Majesty  and  the  United 
States  of  America,  for  the  purpose  of  defining  and  establishing 
the  functions  and  privileges  of  their  respective  Consuls  and  Vice 
Consuls. 

His  Majesty  the  most  Christian  King  and  the  United  States  of 
America  having,  by  the  twenty-ninth  article  of  the  treaty  of  amity 
and  commerce,  concluded  between  them,  mutually  granted  the 
liberty  of  having,  in  their  respectiv^e  States  and  ports,  Consuls,  Vice 
Consuls,  Agents,  and  Commissaries,  and  being  willing,  in  conse- 
quence thereof,  to  define  and  establish  in  a  reciprocal  and  permanent 
mannf-r  the  functions  and  privileges  of  Consuls  and  Vice  Consuls, 
whicii  tiiey  have  judged  it  convenient  to  establish  of  preference,  his 
most  Christian  Majesty  has  nominated  the  Sieur  Count  of  Montmorin 
of  St.  Herent,  Maresrhal  of  his  Camps  and  Armies,  Knight  of  his 
Orders  and  of  the  (iolden  Fleece,  his  Counsellor  in  all  his  Councils, 
Minister  and  Secretary  of  State  and  of  his  Commandments  and 
Finances,  having  the  Department  of  Foreign  Affairs,  and  the  United 


DIPLOMATIC  CORRESPONDENCE.  225 

States  have  nominated  Thomas  Jefferson,  citizen  of  the  United  States 
of  America  and  their  Minister  Plenipotentiary  near  the  King,  who, 
after  havinp;  communicated  to  each  other  their  respective  full  powers, 
have  agreed  on  what  follows  : 

Article  I.  The  Consuls  and  Vice  Consuls  named  by  the  most 
Christian  King  and  the  United  States,  shall  be  bound  to  present 
their  commissions,  according  to  the  forms  which  shall  be  established 
respectively  by  the  most  Christian  King  within  his  dominions,  and 
by  the  Congress  within  the  United  States.  There  shall  be  delivered 
to  them,  without  any  charges,  the  exequatur  necessary  for  the 
exercise  of  their  functions ;  and  on  exhibiting  the  said  exequatur, 
the  governors,  commanders,  heads  of  justice,  bodies  corporate, 
tribunals,  and  other  officers  having  authority  in  the  ports  and  places 
of  their  consulates,  shall  cause  them  to  enjoy,  immediately  and 
without  difficulty,  the  preeminences,  authority,  and  privileges  recip- 
rocally granted,  without  exacting  from  the  said  Consuls  and  Vice 
Consuls  any  fee  under  any  pretext  whatever. 

Article  II.  The  Consuls  and  Vice  Consuls,  and  persons  attached 
to  their  functions,  that  is  to  say,  their  Chancellors  and  Secretaries, 
shall  enjoy  a  full  and  entire  immunity  for  their  chancery,  and  the 
papers  which  shall  be  therein  contained.  They  shall  be  exempt 
from  all  personal  service,  from  soldiers'  billets,  militia  watch,  guard, 
guardianship,  trusteeship,  as  well  as  from  all  duties,  taxes,  imposi- 
tions, and  charges  whatsoever,  except  on  the  estate,  real  and 
personal,  of  which  they  may  be  the  proprietors  or  possessors,  which 
shall  be  subject  to  the  taxes  imposed  on  the  estates  of  all  other 
individuals;  and  in  all  other  instances  they  shall  be  subject  to  the 
laws  of  the  land  as  the  natives  are. 

Those  of  the  said  Consuls  and  Vice  Consuls,  who  shall  exercise 
commerce,  shall  be  respectively  subject  to  all  taxes,  charges,  and 
impositions  established  on  other  merchants. 

They  shall  place  over  the  outward  door  of  their  house  the  arms 
of  their  sovereign,  but  this  mark  of  indication  shall  not  give  to  the 
said  house  any  privilege  of  asylum  for  any  person  or  property 
whatsoever. 

Article  III.    The   respective  Consuls    and  Vice  Consuls    may 

establish  agents  in  the  different  ports  and  places  of  their  departments 

where  necessity  shall  require.     These  agents  may  be  chosen  among 

the  merchants,  either  national  or  foreign,  and  furnished  with  a  com- 

Vol.  IL— 15 


226  THOMAS  JEFFERSON— JOHN  JAY. 

mission  from  one  of  the  said  Consuls.  Tiiey  shall  confine  tliemselves 
respectively  to  the  rendering  to  their  respective  merchants,  navigators, 
and  vessels  all  possible  service,  and  to  inform  the  nearest  Consul  of 
the  wants  of  the  said  merchants,  navigators,  and  vessels,  without  the 
said  agents  othenvise  participating  in  the  inmiunities,  rights,  and 
privileges  attributed  to  Consuls  and  Vice  Consuls,  and  without 
power,  under  any  pretext  whatever,  to  exact  from  the  said  mer- 
chants any  duty  or  emolument  whatsoever. 

Article  IV.  The  Consuls  and  Vice  Consuls  respectively  may 
establish  a  chancery,  where  shall  be  deposited  the  consular  determ- 
inations, acts,  and  proceedings,  as  also  testaments,  obligations, 
contracts,  and  other  acts  done  by,  or  between  persons  of  their 
nation,  and  effects  left  by  decedents,  or  saved  from  shipwreck. 

They  may  consequently  appoint  fit  persons  to  act  in  the  said 
chancery,  qualify,  and  swear  them  in,  commit  to  them  the  custody 
of  the  seal,  and  authority  to  seal  commissions,  sentences,  and  other 
consular  acts,  and  also  to  discharge  the  functions  of  notaries  and 
registers  of  the  consulate. 

Article  V.  The  Consuls  and  Vice  Consuls  respectively  shall  have 
the  exclusive  right  of  receiving  in  their  chancery,  or  on  board  their 
vessels,  the  declarations  and  all  other  the  acts  which  the  captains, 
masters,  crews,  passengers,  and  merchants  of  their  nation  may  choose 
to  make  there,  even  their  testaments  and  other  disposals  by  last  will ; 
and  the  copies  of  the  said  acts  duly  authenticated  by  the  said 
Consuls  or  Vice  Consuls,  under  the  seal  of  their  consulate,  shall 
receive  faith  in  law  equally  as  their  originals  would,  in  all  the 
tribunals  of  the  dominions  of  the  most  Christian  King  and  of  the 
United  States. 

They  shall  also  have,  and  exclusively,  in  case  of  the  absence  of 
the  testamentary  executor,  guardian,  or  lawful  representative,  the 
right  to  inventory,  li(|uidate,  and  proceed  to  the  sale  of  tlie  personal 
estate  left  by  subjects  or  citizens  of  their  nation,  who  shall  die  within 
the  cxtr-nt  of  their  consulate  ;  they  sliall  proceed  therein,  with  the 
assistance;  of  two  merchants  of  their  said  nation,  or  for  want  of  them, 
of  any  other  ai  ilicir  choice;  and  shall  cause  to  be  deposited  in  their 
chancery  the  efli'cts  and  papers  of  the  said  estates ;  and  no  oflicer, 
military,  judiciary,  or  of  the  [XiWcA'  of  the  country,  shall  disturb  them, 
or  interfere  therein,  in  any  manner  Avhatsoever;  but  the  said  Consuls 
and  Vice  Consuls  shall  not  deliver  u})  the  said  cfFects,  nor  the  proceeds 


DIPLOMATIC  CORRESPONDENCE.  227 

thereof,  to  the  lawful  representatives,  or  to  their  order,  till  tliey  shall 
have  caused  to  be  paid  all  debts  which  the  deceased  shall  have 
contracted  in  the  country ;  for  which  purpose  the  creditors  shall  have 
a  right  to  attach  the  said  effects  in  their  hands  as  they  might  in  those 
of  any  other  individual  whatever,  and  proceed  to  obtain  sale  of 
them  till  payment  of  what  shall  be  lawfully  due  to  them.  When  the 
debts  shall  not  have  been  contracted  by  judgment,  deed,  or  note,  the 
signature  whereof  shall  be  known,  payment  shall  not  be  ordered  but 
on  the  creditor's  giving  sufficient  surety  resident  in  the  country  to 
refund  the  sums  they  shall  have  unduly  received,  principal,  interest, 
and  costs,  which  surety,  nevertheless,  shall  stand  duly  discharged 
after  the  term  of  one  year  in  time  of  peace,  and  of  two  in  time  of 
war,  if  the  discharge  cannot  be  formed  before  the  end  of  this  terra 
against  the  representatives  who  shall  present  themselves. 

And  in  order  that  the  representatives  may  not  be  unjustly  kept 
out  of  the  effects  of  the  deceased,  the  Consuls  and  Vice  Consuls 
shall  notify  his  death  in  some  one  of  the  gazettes  published  within 
their  consulate,  and  that  they  shall  retain  the  said  effects  in  their 
hands  four  months,  to  answer  all  just  demands  which  shall  be  pre- 
sented ;  and  they  shall  be  bound,  after  this  delay,  to  deliver  to  the 
persons  succeeding  thereto  what  shall  be  more  than  sufficient  for  the 
demands  which  shall  have  been  formed. 

Article  VI.  The  Consuls  and  Vice  Consuls  respectively  shall 
receive  the  declarations,  protests,  and  reports  of  all  captains  and 
masters  of  their  respective  nation,  on  account  of  average  losses 
sustained  at  sea ;  and  these  captains  and  masters  shall  lodge  in  the 
chancery  of  the  said  Consuls  and  Vice  Consuls  the  acts  which  they 
may  have  made  in  other  ports  on  account  of  the  accidents  which 
may  have  happened  to  them  on  their  voyage.  If  a  subject  of  the 
most  Christian  King  and  a  citizen  of  the  United  States,  or  a  foreigner, 
are  interested  in  the  said  cargo,  the  average  shall  be  settled  by  the 
tribunals  of  the  country,  and  not  by  the  Consuls  or  Vice  Consuls  ; 
but  when  only  the  subjects  or  citizens  of  their  own  nation  shall  be 
interested,  the  respective  Consuls  or  Vice  Consuls  shall  appoint 
skilful  persons  to  settle  the  damages  and  average. 

Article  VII.  In  cases  where,  by  tempests  or  other  accidents, 
French  ships  or  vessels  shall  be  stranded  on  the  coasts  of  the  United 
States,  and  ships  or  vessels  of  the  United  States  shall  be  stranded 
on  the  coasts  of  the  dominions  of  the  most  Christian  King,  the  Consul 


229  THOMAS  JEFFERSON— JOHN  JAY. 

or  Vice  Consul  nearest  to  the  place  of  shipwreck,  shall  do  whatever 
he  may  judge  proper,  as  well  for  the  purpose  of  saving  the  said 
ship  or  vessel,  its  cargo  and  appurtenances,  as  for  the  storing  and 
security  of  the  effects  and  merchandize  saved.  He  may  take  an 
inventory  of  them  without  the  intermeddling  of  any  officers  of  the 
military,  of  the  customs,  of  justice,  or  of  the  police  of  the  country, 
otherwise  than  to  give  to  the  Consuls,  Vice  Consuls,  captain,  and 
crew  of  the  vessel  shipwrecked  or  stranded  all  the  succor  and  favor 
which  they  shall  ask  of  them,  either  for  the  expedition  and  security  of 
the  caving  and  of  the  effects  saved  as  to  prevent  all  disturbance. 

And  in  order  to  prevent  all  kind  of  dispute  and  discussion  in  the 
said  cases  of  shipwreck,  it  is  agreed  that  when  there  shall  be  no 
Consul  or  Vice  Consul  to  attend  to  the  saving  of  the  wreck,  or  that 
the  residence  of  the  said  Consul  or  Vice  Consul  (he  not  being  at 
the  place  of  the  wreck)  shall  be  more  distant  from  the  said  place 
than  that  of  the  competent  judge  of  the  country,  the  latter  shall 
immediately  proceed  therein  with  all  the  despatch,  certainty,  and 
precautions  ])rescribed  by  the  respective  laws ;  but  the  said  territorial 
judge  shall  retire  on  the  arrival  of  the  Consul  or  Vice  Consul,  and 
shall  deliver  over  to  him  the  report  of  his  proceedings,  the  expenses 
of  which  the  Consul  or  Vice  Consul  shall  cause  to  be  reimbursed  to 
him,  as  well  as  those  of  saving  the  wreck. 

The  merchandize  and  efiects  saved  shall  be  deposited  in  the 
nearest  custom-house  or  other  place  of  safety,  with  the  inventory 
thereof,  which  shall  be  made  by  the  Consul  or  Vice  Consul,  or  by 
tlie  judge  who  shall  have  proceeded  in  their  absence,  that  the  sEiid 
effects  and  merchandize  may  afterwards  be  delivered,  after  levying 
therefrom  the  costs,  and  without  fonn  of  jirocess  to  the  owners,  wiio 
being  furnished  with  an  order  for  their  (KTivcry  from  the  nearest 
Consul  or  Vice  Consul,  shall  reclaim  them  by  themselves,  or  by 
their  order,  either  for  the  purpose  of  reexjiorting  such  merchandize, 
in  which  case  they  shall  pay  no  kind  of  duty  of  exportation ;  or  for 
that  of  selling  them  in  the  countiy,  if  they  be  not  prohibited  there; 
and  in  this  last  case  the  said  merchandize,  if  they  be  damaged,  shall 
be  allowed  an  abatement  of  entrance  duties,  proportioned  to  the 
damage  they  have  sustained,  uhieh  sliall  be  ascertained  by  the 
affidavits  taken  at  the  lime  the  vessel  was  wrecked  or  struck. 

Article  VIII.  Tiio  Consuls  and  Vice  Consuls  siiall  exercise 
police  over  all  the  vessels  of  their  respective  nations,  and  shall  have 


\ 


DIPLOMATIC  CORRESPONDENCE.  229 

on  board  the  said  vessels  all  power  and  jurisdiction  in  civil  matters, 
in  all  the  disputes  which  may  there  arise ;  they  shall  have  an  entu-e 
inspection  over  the  said  vessels,  their  crew,  and  the  changes  and 
substitutions  there  to  be  made.  For  which  purpose  they  may  go  on 
boai'd  the  said  vessels  whenever  they  may  judge  it  necessary.  Well 
understood  that  the  functions  hereby  allowed  shall  be  confined  to  the 
interior  of  the  vessels,  and  that  they  shall  not  take  place  in  any  case 
which  shall  have  any  interference  with  the  police  of  the  ports  where 
the  said  vessels  shall  be. 

Article  IX.  The  Consuls  and  Vice  Consuls  may  cause  to  be 
arrested  the  captains,  officers,  mariners,  sailors,  and  all  other  persons 
being  part  of  the  crews  of  the  vessels  of  their  respective  nations, 
who  shall  have  deserted  from  the  said  vessels,  in  order  to  send 
tliem  back,  and  transport  them  out  of  the  country.  For  which 
purpose  tlie  said  Consuls  and  Vice  Consuls  shall  address  themselves 
to  the  courts,  judges,  and  officers  competent,  and  shall  demand  the 
said  deserters  in  writing,  proving  by  an  exhibition  of  the  registers  of 
the  vessel  or  ship's  roll  that  those  men  were  part  of  the  said  crews ; 
and  on  this  demand,  so  proved,  (saving,  however,  where  the  contrary 
is  proved.)  the  delivery  shall  not  be  refused,  and  there  shall  be  given 
all  aid  and  assistance  to  the  said  Consuls  and  Vice  Consuls,  for  the 
search,  seizure,  and  arrest  of  the  said  deserters,  who  shall  even  be 
detained  and  kept  in  the  prisons  of  the  country,  at  their  request  and 
expense,  until  they  shall  have  found  an  opportunity  of  sending  them 
back.  But  if  they  be  not  sent  back  within  three  months,  to  be 
counted  from  the  day  of  their  aiTest,  they  shall  be  set  at  liberty,  and 
shall  be  no  more  arrested  for  the  same  cause. 

Article  X.  In  cases  where  the  respective  subjects  or  citizens 
shall  have  committed  any  crime  or  breach  of  the  peace,  they  shall 
be  amenable  to  the  judges  of  the  country. 

Article  XL  When  the  said  offenders  shall  be  a  part  of  the  crew 
of  a  vessel  of  their  nation,  and  shall  have  withdrawn  themselves  on 
board  the  said  vessel,  they  may  be  there  seized  and  arrested  by  order 
of  the  judges  of  the  country.  These  shall  give  notice  thereof  to  the 
Consul  or  vice  Consul,  who  may  repair  on  board,  if  he  thinks  proper ; 
but  this  notification  shall  not  in  any  case  delay  execution  of  the  order 
in  question.  The  persons  arrested  shall  not  afterwards  be  set  at 
liberty  until  the  Consul  or  Vice  Consul  shall  have  been  notified 
thereof,  and  they  shall  be  delivered  to  him,  if  he  requires  it,  to  be 


230  THOMAS  JEFFERSON— JOHN  JAY. 

put  again  on  board  of  the  vessel  on  which  they  were  arrested,  or  of 
others  of  their  nation,  and  to  be  sent  out  of  the  country. 

Article  XII.  All  differences  and  suits  between  the  subjects  of 
the  most  Christian  King  in  the  United  States,  or  between  the  citizens 
of  the  United  States  within  the  dominions  of  the  most  Christian 
King,  and  particularly  all  disputes  relative  to  the  wages  and  terms  of 
engagement  of  the  crews  of  the  respective  vessels,  and  all  differences, 
of  whatever  nature  they  be,  which  may  arise  between  the  privates  of 
the  said  crews,  or  between  any  of  them  and  their  captains,  or  between 
the  captains  of  different  vessels  of  their  nation,  shall  be  determined 
by  the  respective  Consuls  and  Vice  Consuls,  either  by  a  reference 
to  arbitrators  or  by  a  summary  judgment,  and  without  costs.  No 
officer  of  the  country,  civil  or  military,  shall  interfere  therein,  or  take 
any  part  whatever  in  the  matter ;  and  the  appeals  from  the  said 
consular  sentences  shall  be  carried  before  the  tribunals  of  France  or 
of  the  United  States,  to  whom  it  may  appertain  to  take  cognizance 
thereof. 

Article  XIII.  The  general  utility  of  commerce  having  caused 
to  be  established  \\  ithin  the  dominions  of  the  most  Christian  King 
particular  tribunals  and  forms  for  expediting  the  decision  of  commer- 
cial affairs,  the  merchants  of  the  United  States  shall  enjoy  the  benefit 
of  these  establishments ;  and  the  Congress  of  the  United  States  will 
provide,  in  the  manner  the  most  conformable  to  its  laws,  equivalent 
advantages  in  favor  of  the  French  merchants  for  the  prompt  despatch 
and  decision  of  affairs  of  the  same  nature. 

Article  XIV.  The  subjects  of  the  most  Christian  King  and 
citizens  of  the  United  States  who  shall  prove,  by  legal  evidence,  that 
they  are  of  the  said  nation  respectively,  shall,  in  consocjuoncc,  enjoy  an 
exemption  from  all  personal  service;  in  the  place  of  their  settlement. 

Article  XV.  If  any  other  nation  acquires,  by  virtue  of  any  con- 
vention whatever,  a  treatment  mon;  favorable  with  respect  to  the 
consular  preeminences,  powers,  auilK^rlty,  and  privileges,  the  Consuls 
and  Vice  Consuls  of  the  most  Christian  King  or  of  the  United 
Stales,  reciprocally,  shall  participate  therein,  agreeable  to  the  terms 
stipulated  by  the  '2d,  3d,  and  4th  articles  of  the  treaty  of  amity  and 
commerce  concluded  between  llie  most  Christian  King  and  tln'  I'nited 
States. 

Article  XVI.  The  present  convention  shall  he  in  full  force 
during  tlie  term  of  twelve  years,  to  be  counted  from  the  day  of  the 


DIPLOMATIC  CORRESPONDENCE.  231 

exchange  of  ratifications,  which  shall  be  given  in  proper  form  and 
exchanged  on  both  sides  within  the  space  of  one  year,  or  sooner,  if 
possible. 

In  faith  whereof  we,  Ministers  Plenipotentiary,  have  signed  the 
present  convention,  and  have  thereto  set  the  seal  of  our  arms. 

Done  at  Versailles,  the  14th  of  November,  one  thousand  seven 
hundred  and  eighty-eight. 

L.  C.  DE  MONTMORIN,  [l.  s.] 
TH:  JEFFERSON,  [l.  s.] 


FROM   THOMAS    JEFFERSON    TO    JOHN   JAY. 

Paris,  November  19,  1788. 
Sir, 

Since  ray  letter  of  September  5,  wherein  I  acknowledge  Mr. 
Remsen's  favor  of  July  25,  I  have  written  those  of  September  24 
and  of  the  14th  instant.  This  last  will  accompany  the  present,  both 
going  by  the  way  of  London  for  want  of  a  direct  opportunity ;  but 
they  go  by  a  private  hand. 

No  late  event  worth  notice  has  taken  place  between  the  Turks  and 
Austrians.  The  former  continue  in  the  territories  of  the  latter  with 
all  the  appearances  of  superiority.  On  the  side  of  the  Russians,  the 
war  wears  an  equal  face,  except  that  the  Turks  are  still  masters  of 
the  Black  sea.  Oczakow  is  not  yet  taken.  Denmark  furnished  to 
Russia  its  stipulated  quota  of  troops  with  so  much  alacrity,  and  was 
making  such  other  warlike  preparations,  that  it  was  believed  they 
meant  to  become  principals  in  the  war  against  Sweden.  Prussia 
and  England  hereupon  interposed  efficiently.  Their  Ministers 
appointed  to  mediate,  gave  notice  to  the  Court  of  Copenhagen  that 
they  would  declare  war  against  them  in  the  name  of  their  sovereigns, 
if  they  did  not  immediately  withdraw  their  troops  from  the  Swedish 
territories.  The  Court  of  London  has  since  said  that  their  Minister 
(Elliott)  went  further  in  this  than  he  was  authorized ;  however,  the 
Danish  troops  are  retiring.  Poland  is  augmenting  its  army  from 
twenty  to  an  hundred  thousand  men.  Nevertheless,  it  seems  as  if 
England  and  Prussia  meant  in  earnest  to  stop  the  war  in  that 
quarter,  contented  to  leave  the  two  empires  in  the  hands  of  the 
Turks.  France,  desired  by  Sweden  to  join  the  Courts  of  London 
and  Berlin,  in  their  mediation  between  Sweden  and  Russia,  has 


232  '      THOMAS  JEFFERSOX-JOHN  JAY. 

declined  it.  We  may  be  assured  she  will  meddle  in  nothing  external 
before  the  meeting  of  her  States  General.  Her  temporary  annihila- 
tion in  the  political  scale  of  Europe,  leaves  to  England  and  Prussia 
tlie  splendid  role  of  giving  tlie  law  without  meeting  the  shadow  of 
opposition.  The  internal  tranquillity  of  this  country  is  perfect. 
Their  stocks,  however,  continue  low,  and  the  difficulty  of  getting 
money  to  face  current  expenses  very  great.  In  the  contest  between 
the  King  and  Parliament,  tlie  latter  fearing  the  power  of  the  former, 
pressed  the  convoking  the  States  General.  The  Government  found 
itself  obliged  by  other  difficulties  also  to  recur  to  the  same  expedient. 
The  Parliament,  after  its  recall,  showed  that  it  was  now  become 
apprehensive  of  the  States  General ;  and  discovered  a  determination 
to  cavil  at  their  form,  so  as  to  have  a  right  to  deny  their  legality,  if 
that  body  should  undertake  to  abridge  their  powers.  The  Court, 
hereupon,  very  adroitly  determined  to  call  the  same  Notables  who 
had  been  approved  by  the  nation  the  last  year  to  decide  on  the  form 
of  convoking  the  Etats  Generoux ;  thus  withdrawing  itself  from  the 
disputes  which  the  Parliament  might  excite,  and  committing  them 
with  the  nation.  The  JNotables  are  now  in  session.  The  Govern- 
ment had  manifestly  discovered  a  disposition  that  the  ticrs-ctot  or 
commons  should  have  as  many  representatives  in  the  States  General 
as  the  nobility  and  clergy  together ;  but  five  bureaux  of  the  Notables 
have  voted,  by  very  great  majorities,  that  they  should  have  only  an 
equal  number  with  each  of  the  other  ordei's  singly. 

One  bureau,  by  a  majority  of  a  single  voice,  had  agreed  to  give 
tlie  commons  the  double  number  of  representatives.  This  is  the  first 
symptom  of  a  decided  combination  between  the  nobility  and  clergy, 
and  will  necessarily  throw  the  people  into  the  scale  of  the  King.  It 
is  doubtod  whether  the  States  can  be  collected  so  early  as  January, 
though  the  Government,  urged  by  the  want  of  money,  is  for  pressing 
their  convocation.  It  is  still  more  uncertain  what  tlie  States  will  do 
when  they  meet.  Tliert^  are  three  ol)j(>rts  which  they  may  attain, 
prfihably,  without  opposition  from  the  Court. 

1 .  A  periodical  meeting  of  the  States. 

Si.  Their  exclusive  right  of  taxation. 

.'3.  The  right  of  cnregistering  laws  antl  proposing  amendments  to 
them  as  now  exercised  by  the  Parliannnts. 

This  would  lead,  as  it  did  in  England,  to  the  right  of  originating 
laws.     The  Parliament  would,  by  this  last  measure,  be  reduced  to  a 


DIPLOMATIC  CORRESPONDENCE.  333 

mere  judiciary  body,  and  would,  probably,  oppose  it ;  but  against 
the  King  and  nation  their  opposition  could  not  succeed.  If  the 
States  stop  here  for  the  present  moment,  all  will  probably  end  well, 
and  they  may,  in  future  sessions,  obtain  a  suppression  of  lettres  de 
cachet,  free  press,  a  civil  list,  and  other  valuable  modifications  of 
their  Government ;  but  it  is  to  be  feared  that  an  impatience  to 
rectify  every  thing  at  once,  which  prevails  in  some  minds,  may 
terrify  the  Court,  and  lead  them  to  appeal  to  force,  and  to  depend 
on  that  alone. 

Before  this  can  reach  you,  you  will,  probably,  have  heard  of  an 
arret  passed  the  28th  of  September,  for  prohibiting  the  introduction 
of  foreign  whale  oils  without  exception.  The  English  had  glutted 
the  markets  of  this  country  with  their  oils.  It  was  proposed  to 
exclude  them,  and  an  arret  was  drawn,  with  an  exception  for  us. 
In  the  last  stage  of  this  arret  the  exception  was  struck  out,  without 
my  having  any  warning  or  even  suspicion  of  this.  I  suppose  this 
stroke  came  from  the  Count  de  la  Luzerne,  Minister  of  Marine,  but 
I  cannot  affirm  it  positively.  As  soon  as  I  was  apprized  of  this, 
which  was  several  days  after  it  passed,  (because  it  was  kept  secret 
till  published  in  their  sea-ports,)  I  wrote  to  the  Count  de  Montmorin 
a  letter,  of  which  the  enclosed  is  a  copy,  and  had  conferences  on  the 
subject  from  time  to  time  with  him  and  the  other  Ministers.  I  found 
them  possessed  by  the  partial  information  of  their  Dunkirk  fishermen ; 
and,  therefore,  thought  it  necessary  to  give  them  a  view  of  the 
whole  subject  in  writing,  which  I  did  in  the  piece,  of  which  I 
enclose  you  a  printed  copy.  I  therein  entered  into  more  details  than 
the  question  between  us  seemed  rigorously  to  require.  I  was  led  to 
them  by  other  objects,  the  most  important  was  to  disgust  Mr. 
Necker,  as  an  economist,  against  their  new  fishery,  by  letting  him 
foresee  its  expense.  The  particular  manufactures  suggested  to  them 
were  in  consequence  of  repeated  applications  from  the  shippers  of 
rice  and  tobacco.  Other  details  which  do  not  appear  immediately 
pertinent,  were  occasioned  by  circumstances  which  had  arisen  in 
conversation,  or  an  apparent  necessity  of  giving  information  on  the 
whole  matter.  At  a  conference,  in  the  presence  of  Mr.  Lambert  on 
the  16th,  (where  I  was  ably  aided  by  the  Marquis  de  la  Fayette,  as 
I  have  been  through  the  whole  business,)  it  was  agreed  to  exempt 
us  from  the  prohibition,  but  they  will  require  rigorous  assurance  that 
tlie  oils  coming  under  our  name,  are  really  of  our  fishery.     They 


234  THOMAS  JEFFERSOX-JOHN  JAY. 

fear   we   shall    cover   the   introduction   of   the   English   oils   from 
Halifax. 

The  arret  for  excepting  us  was  communicated  to  me,  but  the 
formalities  for  proving  the  oils  to  be  American  were  not  yet  inserted. 
I  suppose  they  will  require  every  vessel  to  bring  a  certificate  from 
their  Consul  or  Vice  Consul  residing  in  the  State  from  which  it 
comes.  More  difficult  proofs  were  sometimes  talked  of.  I  suppose 
I  might  surely  affirm  to  them  that  our  Government  would  do  what- 
ever it  could  to  prevent  this  fraud,  because  it  is  as  much  our  interest 
as  theirs  to  keep  the  market  for  the  French  and  American  oils  only. 
I  am  told  IMassachusetts  has  prohibited  the  introduction  of  foreign 
fish  oils  into  her  ports.  This  law,  if  well  executed,  will  be  an 
effectual  guard  against  fraud  ;  and  a  similar  one  in  the  other  States 
interested  in  the  fishery,  would  much  encourage  this  Government  to 
continue  her  indulgences  to  us.  Though  the  arret  then  for  the 
readmission  of  our  oils  is  not  yet  passed,  I  think  I  may  assure  you  it 
will  be  so  in  a  few  days,  and  of  course  that  this  branch  of  commerce, 
after  so  threatening  an  appearance,  will  be  on  a  better  footing  than 
ever,  as  enjoying,  jointly  with  the  French  oil,  a  monopoly  of  their 
markets.  The  continuance  of  this  will  depend  on  the  growth  of 
their  fishery.  Whenever  they  become  able  to  supply  their  own  wants, 
it  is  very  possible  they  may  refuse  to  take  our  oils,  but  I  do  not 
believe  it  possible  for  them  to  raise  their  fishery  to  that,  unless  they 
can  continue  to  draw  olf  our  fishermen  from  us.  Their  seventeen 
ships  this  year  hud  one  hundred  and  fifty  of  our  sailors  on  board.  I 
do  not  know  what  number  the  English  have  got  into  their  ser\ice. 
You  will  readily  perceive  that  there  are  ])articulars  in  these  printed 
observations  which  it  would  not  be  propi^r  to  suffer  to  become  public. 
They  were  printed  merely  that  a  copy  might  be  given  to  each 
Minister,  and  care  has  been  taken  to  let  them  go  into  no  other 
hands. 

1  must  now  trouble  Congress  with  a  petition  on  my  own  behalf. 
When  1  left  my  own  house  in  October,  1783,  it  was  to  attend  Con- 
gress as  a  member,  and  in  exjjcctation  of  returning  in  five  or  six 
months.  In  the  month  of  May  following,  however,  J  was  desired  to 
come  to  Europe;  as  member  of  a  commission,  which  was  to  continue 
two  years  only.  1  (;ame  olf  immedialely,  without  going  home  to 
make  any  other  arnuigenieiits  in  my  alliiirs.  thinking  they  would  not 
suffer  greatly  before  1  should  return  to  them;  before  the  close  of  the 


DIPLOMATIC  CORRESPONDENCE.  235 

two  years,  Doctor  Franklin  retiring  from  his  charge  here,  Congress 
were  pleased  to  name  me  to  it ;  so  that  I  have  been  led  on  by 
events,  to  an  absence  of  five  years,  instead  of  five  months.  In  the 
mean  time,  matters  of  great  moment  to  others  as  well  as  myself,  and 
which  can  be  arranged  by  nobody  but  myself,  will  await  no  longer. 
Another  motive,  of  still  more  powerful  cogency  on  my  mind,  is  the 
necessity  of  carrying  my  family  back  to  their  friends  and  country. 
I  must,  therefore,  ask  of  Congress  a  leave  of  short  absence,  allowing 
three  months  on  the  sea  going  and  coming,  and  two  months  at  my 
own  house,  which  will  suffice  for  my  affairs.  I  need  not  be  from 
Paris  but  between  five  and  six  months.  I  do  not  foresee  any  thing 
which  can  sufl:er  during  my  absence.  The  consular  convention  is 
finished,  except  as  to  the  exchange  of  ratifications,  which  will  be  the 
affair  of  a  day  only.  The  difference  with  Schweighauser  and 
Dobree,  relative  to  our  arms,  will  be  finished.  That  of  Denmark,  if 
ever  finished,  will  probably  be  long  spun  out.  The  ransom  of  the 
Algerine  captives  is  the  only  matter  likely  to  be  on  hand.  That 
cannot  be  set  on  foot  till  the  money  is  raised  in  Holland,  and  an 
order  received  for  its  application.  Probably  these  will  take  place, 
so  that  Lmay  set  it  into  motion  before  my  departure.  If  not,  I  can 
still  leave  it  on  such  a  footing  as  to  be  put  into  motion  the  moment 
the  money  can  be  paid.  And  even  when  the  leave  of  Congress 
shall  be  received,  I  will  not  make  use  of  it  if  there  is  any  thing  of 
consequence  which  may  suffer ;  but  would  postpone  my  departure 
till  circumstances  would  admit  it.  But  should  these  be  as  I  expect 
they  will,  it  will  be  vastly  desirable  to  me  to  receive  the  permission 
immediately,  so  that  I  may  go  out  as  soon  as  the  vernal  equinox  is 
over,  and  be  sure  of  my  return  in  good  time  and  season  in  the  fall. 
Mr.  Short,  who  had  had  thoughts  of  returning  to  America,  will 
postpone  that  return  till  I  come  back.  His  talents  and  character, 
allow  me  to  say,  with  confidence,  that  nothing  will  suffer  in  his 
hands.  The  friendly  dispositions  of  Monsieur  de  Montmorin  would 
induce  him  readily  to  communicate  with  Mr.  Short  in  his  present 
character,  but  should  any  of  his  applications  be  necessary  to  be  laid 
before  the  Council,  they  might  suffer  difficulty.  Nor  could  he  attend 
the  diplomatic  societies,  which  are  the  most  certain  sources  of  good 
intelligence.  Would  Congress  think  it  expedient  to  remove  the 
difficulties  by  naming  him  Secretary  of  Legation,  so  that  he  would 
act,  of  course,  as  Charge  d' Affaires  during  my  absence  ?     It  would 


236  THOMAS  JEFFERSON-JOHN  JAY, 

be  just  that  the  difference  between  the  salary  of  a  Secretary  and  a 
Secretary  of  Legation  should  cease  as  soon  as  he  should  cease  to 
be  charged  with  the  affairs  of  the  United  States  ;  that  is  to  say,  on 
my  return.  And  he  should  expect  that ;  so  that  tliis  difference  for 
five  or  six  months  would  be  an  affair  of  about  one  hundred  and 
seventy  guineas  only,  which  would  be  not  more  than  equal  to  the 
additional  expenses  that  would  be  brought  on  him  necessarily,  by 
the  change  of  character.  I  mention  these  particulars,  that  Congress 
may  see  the  end  as  well  as  the  beginning  of  the  proposition,  and 
have  only  to  add,  "  their  will  be  done."  Leave  for  me  being 
obtained,  I  will  ask  it,  sir,  of  your  friendship,  to  avail  yourself  of 
various  occasions  to  the  ports  of  France  and  England,  to-convey  me 
immediate  notice  of  it,  and  relieve  me,  as  soon  as  possible,  from  the 
anxiety  of  expectation,  and  the  uncertainty  in  which  I  shall  be. 

We  have  been  in  daily  expectation  of  hearing  of  the  death  of  the 
Kinji  of  Ensiland.  Our  latest  news  is  of  the  11th;  he  had  then 
been  despaired  of  for  three  or  four  days.  But  as  my  letter  is  to  pass 
through  England,  you  will  have  later  accounts  of  him  than  that  can 
give  you. 

I  send  you  the  newspapers  to  this  date,  and  have  the  honor  to  be, 
with  the  greatest  esteem  and  respect,  sir,  youi-  most  obedient  humble 
servant, 

TH:  JEFFERSON. 

P.  S.  The  last  crop  of  corn  in  France  has  been  so  short  that 
they  apprehend  want.  INIr.  Neckcr  desired  me  to  make  known  this 
scarcity  to  our  merchants,  in  liopes  they  would  send  supplies.  I 
promised  him  I  would.  If  it  could  be  done  without  naming  him 
it  would  be  agreeable  to  him,  and  probably  advantageous  to  the 
adventurer. 


Arrit  of  the,  Klns^'s  Council  of  Stdti.jtroJiihitiiifr  the  Importation  of 
Foreign  ft  hale  and  Spirmnciti  Oil  into  his  Kingdom. 

Translation. 

September  28,  1788. 

Extract  fiDiii  the  Registers  of  the  Couneil  of  State. 

The  King  liuving  taken  infonnation  on   llic  success  attending  the 
whale  fishery,  and  the  prospect  of  its  greater  prosperity  within  his 


DIPLOMATIC  CORRESPONDENCE,  237 

kingdom,  and  his  Majesty  being  willing  to  grant  a  special  protection 
to  this  important  fishery,  which  has  just  commenced  in  France,  and 
which  may  become  an  abundant  source  of  riches,  while  at  the  same 
time  it  affords  to  the  marine  a  nursery  for  seamen  of  great  conse- 
quence to  the  service  of  the  State,  his  Majesty  has  conceived  that 
the  prohibition  of  foreign  oil  would  be  the  most  beneficial  encourage- 
ment that  could  be  granted  to  this  branch  of  industry.  Bemg  wiUing 
to  provide  accordingly,  and  having  heard  the  report  of  the  Sieur 
Lambert,  Counsellor  of  State  and  Ordinary  to  the  Council  of 
Despatches,  and  to  the  Royal  Council  of  Finances  and  Commerce, 
the  King  being  present  in  his  Council,  has  ordained,  and  does  ordain, 
that,  computing  from  the  day  of  publishing  the  present  arret,  the 
introduction  of  foreign  whale  and  spermaceti  oils  shall  be  prohibited 
throughout  his  dominions.  His  IMajesty  commands  and  orders  the 
Duke  de  Penthicore,  Admiral  of  France,  the  intendants  and  commis- 
saries throughout  the  provinces,  the  commissaries  deputed  for  the 
observation  of  the  ordinances  in  the  admiralties,  the  officers  of  the 
admiralties,  masters  of  ports,  judges  of  treaties,  and  all  others  whom 
it  may  concern,  to  assist  in  the  execution  of  the  present  arret,  which 
shall  be  registered  in  the  offices  of  the  said  admiralties,  read,  pub- 
lished, and  posted  wherever  it  shall  be  necessar)^. 

Done  in  the  King's  Council  of  State,  his  Majesty  being  present, 
held  at  Versailles,  28th  September,  1788. 

LA  LUZERNE. 

The  Duke  de  Penthicore,  Admiral  of  France,  the  King's  Gov- 
ernor and  Lieutenant  General  in  his  province  of  Brittany,  having 
seen  the  arret  of  the  King's  Council  of  State,  as  above,  and  in  other 
parts,  addressed  to  us,  we  command  all  those  over  whom  our  power 
extends  to  execute,  and  cause  to  be  executed,  each  one  as  his  duty 
is,  according  to  its  fomi  and  tenor;  we  order  the  officers  of  the 
admiralties  to  cause  it  to  be  registered  in  the  offices  of  their  juris- 
diction, to  read,  publish,  and  post  it  wherever  it  may  appear  neces- 
sary. 

Done  at  Vernon,  the  6th  October,  1788. 

L.  J.  M.  DE  BOURBON. 

And  beneath  by  his  most  Serene  Highness, 

PERRIER. 


238  THOMAS  JEFFERSON-JOHN  JAY. 

FROM    THOMAS    JEFFERSON    TO    THE    COUNT    DE    MONTMORIN. 

Paris,  October  23,  1788. 

Sir, 
I  take  the  liberty  of  troubling  your  Excellency  on  the  subject  of 
the  arret  which  has  lately  appeared  for  prohibiting  the  importation 
of  whale  oils  and  spermaceti  the  produce  of  foreign  fisheries.  This 
prohibition  being  expressed  in  general  terms  seems  to  exclude  the 
whale  oils  of  the  United  States  of  America,  as  well  as  of  the  nations 
of  Europe.  The  uniform  disposition,  howev.er,  which  his  Majesty 
and  his  Ministers  have  shewn  to  promote  the  conmierce  between 
France  and  the  United  States,  by  encouraging  our  productions  to 
come  hither,  and  particularly  those  of  our  fisheries,  induces  me  to 
hope  that  these  were  not  within  their  view  at  the  passing  of  this  arret. 
I  am  led  the  more  into  this  opinion  when  I  recollect  the  assiduity 
employed  for  several  months  in  the  year  1785  by  the  committee 
appointed  by  Government  to  investigate  the  objects  of  commerce  of 
the  two  countries,  and  to  report  the  encouragements  of  which  it  was 
susceptible;  the  result  of  that  investigation,  which  his  INIajesty's 
Comptroller  General  did  me  the  honor  to  communicate  in  a  letter  of 
the  2'2(I  of  Octoljcr,  1786,  stating  tlicrein  the  principles  which  should 
be  estal)li.sh(>d  for  the  future  ri'gulation  of  that  commerce,  and  par- 
ticularly distinguishing  the  article  of  whale  oils  by  an  abatement  of 
the  duties  on  them  for  the  present,  and  a  promise  of  farther  abatement 
after  the  year  1790.  The  thorough  investigation  with  which  INIonsieur 
de  Lambert  honored  this  subject  when  the  letter  of  1786  was  to  be 
put  into  the  form  of  an  arret,  that  arret  itself  bearing  date  the  29th 
of  December  last,  which  ultimately  confirmed  the  abatements  of  duty 
present  and  future,  and  declared  that  his  Majesty  reserved  to  himself 
to  grant  olht  r  favors  to  thai  j)ro(luction,  if,  on  fuiiliri-  information,  he 
should  find  it  for  tht*  interest  of  the  two  nations ;  and  finally,  the 
letter  in  which  M.  Lanibert  did  me  th<>  honor  lo  enclose  the  arret, 
and  to  assure  me  ihal  ihe  duties  wliich  had  been  le\  ied  on  our  whale 
oils  contrary  to  the  intention  of  the  letter  of  1786  should  be  restored. 
On  a  review,  then,  of  all  th(!se  circumstances,  1  cannot  but  j)rcsume 
that  it  has  not  been  intended  lo  reverse  in  a  moment  views  so 
maturely  digested  and  uniformly  pursued,  and  that  the  general 
expressions  of  the  arret  of  September  28  had  within  their  contem- 


DIPLOMATIC  CORRESPONDENCE.  239 

plation  the  nations  of  Europe  only.  This  presumption  is  further 
strengthened  by  having  observed  in  the  treaties  of  commerce  made 
since  the  epoch  of  our  independence,  the  jura  gentis-  amicissimoe. 
conceded  to  other  nations  are  expressly  restrained  to  those  of  the 
most  favored  European  nations ;  his  Majesty  wisely  foreseeing  that 
it  would  be  expedient  to  regulate  the  commerce  of  a  nation  which 
brings  nothing  but  raw  materials  to  employ  the  industry  of  his 
subjects  very  differently  from  that  of  the  European  nations,  who 
bring  mostly  what  has  already  passed  through  all  the  stages  of 
manufacture. 

On  these  considerations  I  take  the  liberty  of  asking  information 
from  your  Excellency  as  to  the  extent  of  the  late  arret;  and  if  I 
have  not  been  mistaken  in  supposing  it  did  mean  to  abridge  that  of 
December  29,  I  would  solicit  an  explanatory  arret  to  prevent  the 
misconstructions  of  it  which  will  otherwise  take  place.  It  is  much 
to  be  desired,  too,  that  this  explanation  could  be  given  as  soon  as 
possible,  in  order  that  it  may  be  handed  out  with  the  arret  of  Sep- 
tember 28.  Great  alarm  may  otherwise  be  spread  among  the 
merchants  and  adventurers  in  the  fisheries,  who,  confiding  in  the 
stability  of  regulation  which  his  Majesty's  wisdom  had  so  long  and 
well  matured,  have  embarked  their  fortunes  in  speculations  in  this 
branch  of  business. 

The  importance  of  the  subject  to  one  of  the  principal  members  of 
our  Union  induces  me  to  attend  with  great  anxiety,  a  reassurance 
from  your  Excellency  that  no  change  has  taken  place  in  his  Majesty's 
views  on  this  subject ;  and  that  his  dispositions  to  multiply  rather 
than  diminish  the  combinations  of  interest  between  the  two  people, 
continue  unaltered. 

Commerce  is  slow  in  chan^ins  its  channel,  that  between  this 
country  and  the  United  States  is  as  yet  but  beginning,  and  this 
beginning  has  received  some  checks.  The  arret  in  question  would 
be  a  considerable  one,  without  the  explanation  I  have  the  honor  to 
ask.-  I  am  persuaded  that  a  continuation  of  the  dispositions  which 
have  been  hitherto  manifested  towards  us  will  ensure  effects,  political 
and  commercial,  of  value  to  both  nations. 

I  have  had  too  many  proofs  of  the  friendly  interest  your  Excel- 
lency is  pleased  to  take  in  whatever  may  strengthen  the  bands  and 
connect  the  views  of  the  two  countries,  to  doubt  your  patronage  of 


240  THOMAS  JEFFERSON— JOHN  JAY. 

the  present  application,  or  to  pemiit  any  occasion  of  repeating 
assurances  of  those  sentiments  of  high  respect  and  esteem  with 
which  I  have  the  honor  to  be,  &tc., 

TH:  JEFFERSON. 


Mr.  Jefferson's  Observations  on  the  Whale  Fishery. 

Whale  oil  enters,  as  a  raw  material,  into  several  branches  of 
manufacture,  as  of  wool,  leather,  soap ;  it  is  used  also  in  painting, 
architecture,  and  navigation.  But  its  great  consumption  is  in  lighting 
houses  and  cities.  For  this  last  purpose,  however,  it  has  a  powerful 
competition  in  the  vegetable  oils.  These  do  well  in  warm  still 
weather,  but  they  fix  with  cold,  they  extinguish  easily  with  the  wind, 
their  crop  is  precarious,  depending  on  the  seasons,  and  to  yield  tlie 
same  light,  a  larger  wick  must  be  used,  and  a  greater  quantity  of  oil 
consumed.  Estimating  all  these  articles  of  difference  together,  those 
employed  in  lighting  cities  find  their  account  in  giving  about  twenty- 
five  per  cent,  more  for  whale  than  for  vegetable  oils.  But  higher 
than  this  the  whale  oil,  in  its  present  form,  cannot  rise,  because  it 
then  becomes  more  advantageous  to  the  city  hghters  to  use  others. 
This  competition,  then,  limits  its  price,  higher  than  which  no  encour- 
agement can  raise  it,  and  becomes,  as  it  were,  a  law  of  its  nature ; 
but  at  tiiis  low  price,  the  whale  fishery  is  the  poorest  business  into 
which  a  merchant  or  sailor  can  enter.  If  the  sailor,  instead  of 
wages,  has  a  part  of  what  is  taken,  he  finds  that  this,  one  year  with 
another,  yields  him  less  than  he  could  have  got  as  wages  in  any 
other  business.  It  is  attended,  too,  with  great  risk,  singular  liard- 
ships,  and  long  absence  from  his  family.  If  the  voyage  is  made 
soh'ly  at  the  expense  of  the  merchant,  he  finds  that,  one  year  with 
another,  it  does  not  reimburse  him  his  expenses.  As,  for  example, 
an  English  slii|)  of  three  hundred  tons,  and  forty-two  hands,  brings 
home  communiljHs  aniiis,  after  a  four  months'  voyage,  twenty-five 
tons  of  oil,  worth  4^37/.  lOs.  sterlinL^  but  the  wages  of  the  oflirers 
and  seamen  will  be  400/.  'i'lie  oiiilit,  then,  and  the  merchant's 
profit  must  be  i)ai(l  by  the  (ioverniiient ;  and  it  is  accordinjily.  on 
this  idea,  that  the  iiriti>h  bounty  is  calculated.  From  the  poverty  of 
this  business,  then,  it  has  happened  that  the  nations  who  have  taken 


DIPLOMATIC  CORRESPONDENCE.  241 

it  up,  have  successively  abandoned  it.  The  Basques  began  it ;  but 
though  the  most  enconomical  and  enterprizing  of  the  inhabitants 
of  France,  they  could  not  continue  it;  and  it  is  said  they  never 
employed  more  than  thirty  ships  a  year.  The  Dutch  and  Hanse- 
Towns  succeeded  them.  The  latter  gave  it  up  long  ago,  though 
they  have  continued  to  lend  their  name  to  British  and  Dutch  oils. 
The  English  carried  it  on  in  competition  with  the  Dutch  during  the 
last  and  beginning  of  the  present  century.  But  it  was  too  little 
profitable  for  them,  in  comparison  with  other  branches  of  commerce 
open  to  them.  In  tlie  mean  time,  too,  the  mhabitants  of  the  barren 
Island  of  Nantucket  had  taken  up  this  fishery,  invited  to  it  by  the 
whales  presenting  themselves  on  their  own  shores.  To  them,  there- 
fore, the  English  relinquished  it,  continuing  to  them,  as  British 
subjects,  the  importation  of  their  oils  into  England  duty  free ;  while 
foreigners  were  subject  to  a  duty  of  18/.  os.  sterling  a  ton.  The 
Dutch  were  enabled  to  continue  it  long,  because,  1.  They  are  so 
near  the  northern  fishing  grounds  that  a  vessel  begins  her  fishing 
very  soon  after  she  is  out  of  port ;  2.  They  navigate  with  more 
economy  than  the  other  nations  of  Europe ;  3.  Their  seamen  are 
content  with  lower  wages ;  and,  4.  Tlieii"  merchants  witli  a  lower 
profit  on  their  capital. 

Under  all  these  favorable  circumstances,  however,  this  branch  of 
business,  after  long  languishing,  is  at  length  nearly  extinct  with  them. 
It  is  said  they  did  not  send  above  half  a  dozen  ships  in  pursuit  of  the 
whale  this  present  year.  The  Nantuckois  then  were  the  only  people 
who  exercised  the  fishery  to  any  extent  at  the  commencement  of  the 
late  wai'.  Their  countiy  fi'om  its  barrenness,  yielding  no  subsistence, 
they  were  obliged  to  seek  it  in  the  sea  which  surrounded  them. 
Their  economy  was  more  rigorous  than  that  of  the  Dutch.  Their 
seamen,  instead  of  wages,  had  a  share  in  what  was  taken.  This 
induced  them  to  fish  with  fewer  hands,  so  that  each  had  a  greater 
dividend  m  the  profit.  It  made  them  more  vigilant  in  seeking  game, 
bolder  in  pursuing  it,  and  parsimonious  in  all  their  expenses.  London 
was  theii-  only  market.  When,  therefore,  by  the  late  revolution,  they 
became  aliens  in  Great  Britain,  they  became  subject  to  the  alien 
duty  of  18/.  5s.  the  ton  of  oil,  which,  being  more  than  equal  to  the 
price  of  the  common  whale  oil,  they  were  obliged  to  abandon  that 
fishery.  So  that  this  people,  who  before  the  war  had  employed 
upwards  of  three  hundred  vessels  a  year  in  the  whale  fishery,  (while 
Vol.  II.— 16 


240  THOMAS  JEFFERSOX-JOTIX  JAY. 

Great  Britain  had  herself  never  employed  one  hundred,)  have  now 
almost  ceased  to  exercise  it.  But  they  still  had  the  seamen,  the 
most  important  material  for  this  fishery ;  and  they  still  retained  the 
spirit  of  fishing,  so  that  at  the  reestahlishment  of  peace,  they  were 
capable,  in  a  very  short  time,  \){  reviving  their  fishery  in  all  its 
splendor.  The  British  Government  saw  that  the  moment  was  critical. 
They  knew  that  their  own  share  in  that  fishery  was  as  nothing. 
That  the  great  mass  of  fishermen  was  left  with  a  nation  now  sepa- 
rated from  them,  that  these  fishermen,  however,  had  lost  their  ancient 
market,  had  no  other  resource  within  their  country  to  which  they 
could  turn,  and  they  hoped,  therefore,  they  might,  in  the  present 
moment  of  distress,  be  decoyed  over  to  their  establishments,  and  be 
added  to  the  mass  of  their  seamen.  To  effect  this  they  offered 
extravagant  advantages  to  all  persons  who  should  exercise  the  whale 
fishery  from  British  establishments.  But  not  counting  with  much 
confidence  on  a  long  connexion  with  their  remaining  possessions  on 
the  continent  of  America,  foreseeing  that  the  Nantuckois  would 
settle  in  them  preferably,  if  put  on  an  equal  footing  with  those  of 
Great  Britain,  and  that  thus  they  might  have  to  purchase  them  a 
second  time,  thoy  confined  their  high  offers  to  settlers  in  Great 
Britain.  The  Nantuckois,  left  without  resource  by  the  loss  of  their 
market,  began  to  think  of  removing  to  the  British  dominions ;  some 
to  Nova  Scotia,  preferring  smaller  advantages  in  the  neighborhood  of 
their  ancient  coimtryand  friends;  others  to  Great  Britain,  postponing 
country  and  friends  to  high  premiums.  A  vessel  was  already  arrived 
from  Halifax  to  Nantucket,  to  lake  off  some  of  those  who  proposed 
to  remove.  Two  families  had  gone  on  board,  and  others  were 
going,  when  a  letter  was  received  there,  which  had  been  written 
by  ^Monsieur  Ic  Marquis  de  la  Fayette  to  a  gentleman  in  Boston, 
and  transmitted  by  him  to  Nantucket.  The  purjjort  of  the  letter 
was  to  dissuade  their  accepting  the  British  ])n)posals,  and  to 
assure  them  that  their  friends  in  Franco  would  endeavor  to  do 
something  for  them.  This  instantly  suspended  their  design.  Not 
another  went  on  board,  and  the  vessel  rctunnnl  to  Halifax  with  only 
two  families. 

\n  fact,  the  French  Government  had  not  been  inattentive  to  the 
\iews  of  the  British,  nor  insensible  of  the  crisis.  They  saw  the 
danger  of  permitting  five  or  six  thousand  of  the  best  seamen  existing 
to  be  lrau:ifcrrcd  by  u  single  stroke  to  the  marine  strength  of  their 


DIPLOMATIC  CORRESPONDENCE.  243 

enemy,  and  to  caiTy  over  with  them  an  art  which  they  possessed 
ahnost  exclusively.  The  counter  plan  which  they  set  on  foot  was 
to  tempt  the  Nantuckois  by  high  offers  to  come  and  settle  in  France. 
This  was  in  the  year  1785.  The  British,  however,  had  in  their 
favor  a  sameness  of  language,  religion,  laws,  habits,  and  kindred. 
Nine  families  only,  of  thirty-three  persons  in  the  whole,  came  to 
Dunkirk ;  so  that  this  project  was  not  likely  to  prevent  their 
emigration  to  the  English  establishments,  if  nothing  else  had  hap- 
pened. 

France  had  effectually  aided  in  detaching  the  United  States  of 
America  from  the  force  of  Great  Britain ;  but  as  yet  they  seemed  to 
have  indulged  only  a  silent  wish  to  detach  them  from  her  commerce. 
They  had  done  nothing  to  induce  that  event.  In  the  same  year, 
1785,  while  M.  de  Calonne  was  in  treaty  with  the  Nantuckois,  an 
estimate  of  the  commerce  of  the  United  States  was  submitted  to  the 
Count  de  Vergennes,  and  it  was  shown  that  of  three  millions  of 
pounds  sterling,  to  which  their  exports  amounted,  one  third  might  be 
brought  to  France,  and  exchanged  against  her  productions  and 
manufactures  advantageously  for  both  nations,  provided  the  obstacles 
of  prohibition,  monopoly,  and  duty  were  either  done  away  or 
moderated,  as  far  as  circumstances  would  admit.  A  committee, 
which  had  been  appointed  to  investigate  a  particular  one  of  these 
subjects,  was  thereupon  instructed  to  extend  its  researches  to  the 
whole,  and  see  what  advantages  and  facilities  the  Government  could 
offer  for  the  encouragement  of  a  general  commerce  with  the  United 
States.  The  committee  was  composed  of  persons  well  skilled  in 
commerce ;  and  after  laboring  assiduously  for  several  months,  they 
made  their  report ;  the  result  of  which  was  given  in  the  letter  of  his 
Majesty's  Comptroller  General  of  the  2d  of  October,  1788;  wherein 
he  stated  the  principles  which  should  be  established  for  the  future 
regulation  of  the  commerce  between  France  and  the  United  States. 
It  was  become  tolerably  evident,  at  the  date  of  this  letter,  that  the 
terms  offered  to  the  Nantuckois  would  not  produce  their  emigration 
to  Dunkirk;  and  that  it  would  be  safest,  in  every  event,  to  offer 
some  other  alternative  which  might  prevent  their  acceptance  of  the 
British  offers.  The  obvious  one  was  to  open  the  ports  of  France  to 
their  oils,  so  that  they  might  still  exercise  their  fishery  remaining  in 
tlieir  native  country,  and  find  a  new  market  for  its  produce  instead 
of  that  which  they  had  lost.     The  article  of  whale  oil  was  accord- 


244  THOMAS  JEFFERSON— JOHN  JAY. 

ingly  distinguished  in  the  letter  of  M.  do  Calonne,  by  an  immediate 
abatement  of  duty,  and  promise  of  further  abatement  after  the  year 
1790.  This  letter  was  instantly  sent  to  America,  and  bid  fair  to 
produce  there  the  effect  intended,  by  detemiining  the  fishermen  to 
carry  on  their  trade  from  their  own  homes,  with  the  advantage  only 
of  a  free  market  in  France,  rather  than  remove  to  Great  Britain, 
where  a  free  mark(;t  and  great  bounty  were  offered  them.  An  arret 
was  still  to  be  prepared  to  give  legal  sanction  to  the  letter  of  M.  de 
Calonne.  M.  Lambert,  with  a  patience  and  assiduity  almost  unex- 
ampled, went  through  all  the  investigations  necessary  to  assure 
himself  that  the  conclusions  of  the  committee  had  been  just. 
Frequent  conferences  on  this  subject  were  held  in  his  presence. 
The  deputies  of  the  Chambers  of  Commerce  were  heard,  and  the 
result  was  the  arret  of  December  29,  1787,  confirming  the  abate- 
ments of  duty,  present  and  future,  which  the  letter  of  October,  1786, 
had  promised,  and  reserving  to  his  Majesty  to  grant  still  further 
favors  to  that  production,  if  on  further  information  he  should  find  it 
for  the  interest  of  the  two  nations. 

The  English  had  now  beo;un  to  deluge  the  markets  of  France  with 
their  whale  oils,  and  they  were  enabled,  by  the  great  premiums  given 
by  their  Government,  to  undersell  the  French  fishermen,  aided  by 
feeble  premiums,  and  the  American  aided  by  his  poverty  alone. 
JNor  is  it  certain  that  these  speculations  were  not  made  at  the  risk  of 
the  British  Government  to  suppress  the  French  and  American 
fishermen  in  their  only  market.  Some  remedy  seemed  necessary. 
Perhaps  it  would  not  hav(;  been  a  l)ad  one  to  subject,  by  a  general 
law,  the  merchandiz(!  of  every  nation  and  of  every  nature  to  pay 
additional  dulic.'s  in  the  ports  of  France,  exactly  equal  to  the  pre- 
miums and  drawbacks  given  on  the  same  merchandize  by  their  own 
Gov(!rnmcnt.  This  might  not  only  counteract  the  effect  of  premium, 
in  the  instance!  of  whale  oils,  but  attack  the  whole  Jiritish  system  of 
bounties  and  drawbacks,  by  the  aid  of  whicli  they  make  London  the 
centre  of  commerce  for  the  whole  earth.  A  less  general  remedy, 
but  an  cflTcctual  one,  was  to  prohibit  tlie  oils  of  all  European  nations. 
The  treaty  with  l^nglaiid  requiring  oidy  that  she  should  be  treated 
as  well  as  the  most  favored  European  nation.  Ijut  the  renjcdy 
ado|)ie(l  was  to  prohibit  all  oils  without  cxccjytion. 

To  know  how  this  remedy  will  operate;,  wc  must  consider  the 
qnanlity  of  whale  oil  which  France  consumes  annually,  the  quantity 


DIPLOMATIC  CORRESPONDENCE.  345 

she  obtains  from  her  own  fishery ;  and  if  she  obtains  less  than  she 
consumes,  we  are  to  consider  what  will  follow  this  prohibition. 

The  annual  consumption  of  France,  as  stated  by  a  person  who  has 
good  opportunities  of  knowing  it,  is  as  follows : 

Pesant.  quintaux.  tons. 

Pans,  according  to  the  registers  of  1786..2,800,000  28,000  1750 
Twenty-seven  other  cities  lighted  by  M. 

Sangrain 800,000  8,000  500 

Rouen 500,000  5,000  312J 

Bordeaux 600,000  6,000  375 

Lyon 300,000  3,000  187^ 

Other  cities,  leather  and  light 3,000,000  30,000  1875 


8,000,000     80,000  5000 

Other  calculations  reduce  the  consumption  to  about  half  this.  It 
is  treating  these  with  sufficient  respect  to  place  them  on  an  equal 
footing  with  the  estimate  of  the  person  before  alluded  to,  and  to 
suppose  the  truth  half  way  between  them.  We  will  call,  then,  the 
present  consumption  of  France  only  60,000  quintals,  or  3,750  tons 
a  year.  This  consumption  is  increasing  fast,  as  the  practice  of 
lighting  cities  is  becoming  more  general,  and  the  superior  advantages 
of  lighting  them  with  whale  oil  are  but  now  beginning  to  be 
known. 

What  do  the  fisheries  of  France  furnish  ?  She  has  employed  this 
year  fifteen  vessels  in  the  southern  and  two  in  the  northern  fishery, 
carrying  four  thousand  five  hundred  tons  in  the  whole,  or  two  hundred 
and  sixty-five  each,  on  an  average.  The  English  ships,  led  by 
Nantuckois  as  well  as  the  French,  have,  as  I  am  told,  never  averaged 
in  the  southern  fishery  more  than  one  fifth  of  their  burden  in  the  best 
year.  The  fifteen  ships  of  France,  according  to  this  ground  of 
calculation,  and  supposing  the  present  to  have  been  one  of  the  best 
years,  should  have  brought,  one  with  another,  one  fifth  of  two  hun- 
dred and  sixty-five  tons,  or  fifty-three  tons  each.  But  we  are  told 
they  have  brought  near  the  double  of  that,  to  wit :  one  hundred  tons 
each,  and  one  thousand  five  hundred  tons  in  the  whole.  Supposing 
tlie  two  northern  vessels  to  have  brought  home  the  cargo  which  is 
common  from  the  northern  fishery,  to  wit :  twenty-five  tons  each,  the 
whole  produce  this  year  will  then  be  one  thousand  five  hundred  and 


246  THOMAS  JEFFERSON-JOHN  JAY. 

fifty  tons.  This  is  five  and  a  half  months'  provision,  or  two  fifths  of 
the  annual  consumption.  To  furnish  for  the  whole  year  would 
require  forty  ships  of  the  same  size  in  years  as  fortunate  as  the 
present,  and  eighty-five  communihus  annis,  forty-four  tons,  or  one 
sixth  of  the  burthen,  being  as  high  an  average  as  should  be  counted 
on  one  year  with  another;  and  the  number  must  be  increased  with 
the  increasing  consumption.  France,  then,  is  evidently  not  yet  in 
a  condition  to  supply  her  own  wants.  It  is  said,  indeed,  she  has  a 
large  stock  on  hand  unsold,  occasioned  by  the  English  competition — 
33,000  quintals,  including  this  year's  produce  are  spoken  of.  This 
is  between  six  and  seven  months'  provision ;  and  supposing  by  the 
time  this  is  exhausted,  that  the  next  year's  supply  comes  in,  that 
will  enable  her  to  go  on  five  or  six  months  longer;  say  a  twelvemonth 
in  the  whole.  But  at  the  end  of  the  twelvemonth  what  is  to  be 
done?  The  manufactures  depending  on  this  article  cannot  maintain 
their  competition  against  those  of  other  countries  if  deprived  of  their 
equal  means.  When  the  alternative,  then,  shall  be  presented,  of 
letting  them  drop  or  opening  the  ports  to  foreign  whale  oil,  it  is 
presumed  the  latter  will  be  adopted  as  die  lesser  evil.  But  it  will  be 
too  late  for  America.  Her  fishery,  annihilated  during  the  late  war, 
only  began  to  raise  its  head  on  the  prospect  of  a  market  held  out  by 
this  country.  Crushed  by  the  arret  of  September  28,  in  its  first  feeble 
effort  to  revive,  it  will  rise  no  more.  Expeditions  which  require  the 
expense  of  the  outfit  of  vessels,  and  from  nine  to  twelve  months' 
navigation,  as  the  southern  fishery  does,  most  frequented  by  the 
Americans,  cannot  be  undertaken  in  sole  reliance  on  a  market  which 
is  opened  and  shut  from  one  day  to  another,  with  little  or  no  warning. 
The  English  alone,  then,  will  remain  to  furnish  these  supplies,  and 
they  must  be  received  even  from  them.  We  must  accept  bread  from 
our  enemies,  if  our  friends  cannot  furnish  it.  This  comes  exactly  to 
the  point  to  which  that  Government  has  been  looking.  She  fears  no 
rival  in  the  whale  fishery  but  America,  or  rather  it  is  the  whale 
fishery  of  America  of  which  she  is  endeavoring  to  possess  herself. 
It  is  for  this  ohjf.-ct  she  is  making  the  present  extraordinary  efforts  by 
bounties  and  other  encouragements;  and  her  success  so  far  is  very 
flattering.  Before  the  war  she  had  not  100  vessels  in  th(^  whale 
Inule,  while  America  employed  301).  In  1786  Great  J3riiain 
employed  151  vessels;  in  1787,  286;  in  1788,  314,  nearly  the 
ancient  American  number,  while   the  latter   is  fallen  to  about  80. 


DIPLOMATIC  CORRESPONDENCE.  247 

They  have  just  changed  places,  then,  England  havmg  gained  exactly 
what  America  has  lost.  France,  by  her  ports  and  markets,  holds 
the  balance  between  the  two  contending  parties,  and  gives  the  victory 
by  opening  and  shutting  them,  to  which  she  pleases.  We  have  still 
precious  remains  of  seamen  educated  in  this  fishery,  and  capable  by 
their  poverty,  their  boldness  and  address,  of  recovering  it  from  the 
English  in  spite  of  their  bounties.  But  this  arret  endangers  the 
transferring  to  Great  Britain  every  man  of  them  wlio  is  not  invincibly 
attached  to  his  native  soil.  There  is  no  other  nation  in  present  con- 
dition to  maintain  a  competition  with  Great  Britain  in  the  whale 
fishery.  The  expense  at  v>'hich  it  is  supported  on  her  part  seems 
enormous :  255  vessels,  of  75,436  tons,  employed  by  her  this  year 
in  the  northern  fishery,  at  42  men  each,  and  59  in  the  southern,  at 
18  men  each,  makes  11,772  men.  These  are  known  to  have  cost 
the  Government  £15  each,  or  £176,580  in  the  whole,  and  that  to 
employ  the  pi'incipal  part  of  them  from  three  to  four  months  only. 
The  northern  ships  have  brought  home  twenty,  and  the  southern 
sixty,  tons  of  oil  on  an  average,  making  8,640  tons.  Every  ton  of 
oil,  then,  has  cost  the  Government  £20  in  bounty.  Still,  if  they 
can  beat  us  out  of  the  field,  and  have  it  to  themselves,  they  will  think 
their  money  well  employed.  If  France  undertakes  solely  the  com- 
petition against  them,  she  must  do  it  at  equal  expense.  Four  thousand 
five  hundred  tons  of  shipping  this  year,  at  a  bounty  of  50  Uv.  the 
ton,  have  cost  France,  in  bounty,  225,000  Uv.,  which,  divided  on 
1,550  tons  of  oil,  comes  to  145  Uv.  the  ton.  But  when  her  ships, 
like  those  of  other  nations,  shall  bring  home  communibus  annis,  but 
one  sixth  of  their  burthen,  she  will  pay  six  tons  of  shipping,  or  300 
Uv.  for  every  ton  of  oil.  She  can  buy  that  ton  of  oil  at  Boston  for 
375  to  400  Uv.,  or  with  half  its  measure  of  wine.  Again,  calculate 
the  expense  on  the  men.  There  were  not  one  hundred  French 
seamen  on  board  the  seventeen  whale  ships  of  this  year.  Each 
man,  then,  has  cost  the  Government  more  than  2,250  Uv.;  we  may 
even  say  100  louis.  each.  The  trade  is  too  poor  to  support  itself. 
The  eighty-five  ships  necessary  to  supply  even  her  present  consump- 
tion, bountied  as  the  English  are,  will  require  a  sacrifice  of  1,285,200 
Uv.  a  year,  to  maintain  3,570  seamen,  and  that  a  part  of  the  year 
only.  And  if  she  will  push  it  to  12,000  men,  in  competition  with 
England,  she  must  sacrifice,  as  they  do,  four  or  five  millions  a  year. 
The  same  number  of  men  might,  with  the  same  bounty,  be  kept  in 


243  THOMAS  JEFFERSON-JOHN  JAY. 

as  constant  employ  carrying  stone  from  Bayonne  to  Cherbourg,  or 
coal  from  Newcastle  to  Havre,  in  which  navigations  they  would  be 
always  at  hand,  and  become  as  good  seamen.  The  English  consider 
among  their  best  sailors  those  employed  in  carrying  coal  from  New- 
castle to  London.  France  cannot  expect  to  raise  her  fishery,  even 
to  the  supply  of  her  own  consumption,  in  one  year,  or  in  several 
years.  Is  it  not  better,  then,  by  keeping  her  ports  open  to  the  United 
States,  to  enable  them  to  aid  in  maintaining  the  field  against  the 
common  adversary  till  she  shall  be  in  condition  to  take  it  herself,  and 
to  supply  her  own  wants?  Otherwise  her  supplies  must  aliment  that 
very  force  which  is  keeping  her  under.  On  our  part  we  can  never 
be  dangerous  competitors  to  France.  The  extent  to  which  we  can 
exercise  this  fishery  is  limited  to  that  of  the  barren  island  of  Nan- 
tucket, and  a  few  similar  barren  spots ;  its  duration  to  the  pleasure 
of  this  Government,  as  we  have  no  other  market. 

A  material  observation  must  be  added  here.  Sudden  vicissitudes 
of  opening  and  shutting  ports  do  little  injury  to  merchants  settled  on 
the  opposite  coast,  watching  for  the  opening  like  the  return  of  a  tide, 
and  ready  to  enter  with  it.  But  they  ruin  the  adventurer  whose 
distance  requires  six  months'  notice.  Those  who  are  now  arriving 
from  America  in  consequence  of  the  arret  of  December  29,  will 
consider  it  as  the  false  light  which  has  led  them  to  their  niin.  They 
will  be  apt  to  say  that  they  came  to  the  ports  of  France  by  invitation 
of  that  arret;  that  the  subsequent  one  of  September  28,  which 
drives  them  from  those  ports,  founds  itself  on  a  single  principle,  viz: 
that  the  prohibition  of  foreign  oils  is  the  most  useful  encouragement 
wiiich  can  be  given  to  that  branch  of  industry.  They  will  say  that, 
if  this  b(;  a  true  principle,  it  was  as  true  on  the  29th  of  December, 
1787,  as  on  the  28th  of  September,  1788.  It  was  then  weighed 
against  oth(;r  motives  judged  wi.'akcr,  and  overruled,  and  it  is  hard  it 
should  b<'  now  revived  to  min  thcin. 

The  refinery  for  whah;  oil,  lately  established  at  Rouen,  seems  to 
be  an  object  wortliy  of  national  attention.  In  order  to  judge  of  its 
importance,  the  different  qualities  of  whale  oil  must  be  noted.  Three 
qii;i!ities  arc  known  in  the  American  and  JCngli.sh  markets:  1.  That 
of  the  spermaceti  whale;  2.  Of  the  Greenland  whale;  3.  Of  the 
Brazil  whale. 

I.  The  spermaceti  whale,  found  hy  tin;  Nantuckctmcn  in  the 
neighborhood  of  the   Western  Islands,  to  which  they  had  gone  in 


DIPLOMATIC  CORRESPONDENCE.  249 

pursuit  of  other  whales,  retired  thence  to  the  coast  of  Guinea, 
aftenvards  to  that  of  Brazil,  and  begins  now^  to  be  best  found  in 
the  latitude  of  the  Cape  of  Good  Hope,  and  even  of  Cape  Horn. 
He  is  an  active,  fierce  animal,  and  requii'es  vast  address  and  boldness 
in  the  •  fisherman.  The  inhabitants  of  Brazil  make  little  expe- 
ditions from  their  coasts,  and  take  some  of  these  fish.  But  the 
Americans  are  the  only  distant  people  who  have  been  in  the  habit 
of  seeking  and  attacking  them  in  numbers.  The  British,  however, 
led  by  the  Nantuckois,  whom  they  have  decoyed  into  their  service, 
have  begun  this  fishery.  In  1785  they  had  18  sliips  in  it;  in  1787, 
38  ;  in  1788,  54,  or,  as  some  say,  64 ;  I  have  calculated  on  the 
middle  number,  59;  still  they  take  but  a  very  small  proportion  of 
their  own  demand ;  we  furnish  the  rest.  Theirs  is  the  only  market  ■ 
to  which  we  carry  that  oil,  because  it  is  the  only  one  where  its 
properties  are  known.  It  is  luminous,  resists  coagulation  by  cold  to 
the  41st  degree  of  Falirenheit's  thennometer,  and  4th  of  Reaumm-'s, 
and  yields  no  smell  at  all.  It  is  used,  therefore,  within  doors  to 
lighten  shops,  and  even  in  the  richest  houses^,  for  anti-chambers, 
stairs,  galleries,  he.  It  sells  at  the  London  market  for  treble  the 
price  of  common  whale  oil.  This  enables  the  adventurer  to  pay  the 
duty  of  18^.  5s.  sterling  the  ton,  and  still  to  have  a  living  profit. 
Besides  the  mass  of  oil  produced  from  the  whole  body  of  the  whale, 
his  head  yields  three  or  four  barrels  of  what  is  called  head  matter, 
from  which  is  made  the  solid  spennaceti  used  for  medicine  and 
candles.  This  sells  by  the  pound  at  double  the  price  of  the  oil. 
The  disadvantage  of  this  fishery  is  that  the  sailors  are  from  nine  to 
twelve  months  absent  on  the  voyage,  of  course  they  are  not  at  hand 
on  any  sudden  emergency,  and  are  even  liable  to  be  taken,  before 
they  know  that  a  war  is  begun.  It  must  be  added,  on  the  subject 
of  this  whale,  that  he  is  rare  and  shy,  soon  abandoning  the  grounds 
where  he  is  hunted.  This  fishery  being  less  losing  than  the  other, 
and  often  profitable,  will  occasion  it  to  be  so  thronged  soon  as  to 
bring  it  on  a  level  with  the  other.  It  will  then  require  the  same 
expensive  support,  or  to  be  abandoned. 

2.  The  Greenland  whale  oil  is  the  next  in  quality.  It  resists 
coagulation  by  cold  to  38  degrees  of  Fahrenheit,  and  two  of 
Reaumur ;  but  it  has  a  smell  insupportable  within  doors,  and  is  not 
luminous.  It  sells,  therefore,  in  London  at  161.  the  ton.  This 
whale  is  clumsy  and  timid,  he  dives  when  struck,  and  comes  up  to 


250  THOMAS  JEFFERSON— JOHN  JAY. 

breathe  by  the  first  cake  of  ice,  where  the  fishermen  need  Uttle 
address  or  courage  to  take  him.  This  is  the  fishery  mostly  firequented 
by  European  nations ;  it  is  this  fish  which  yields  the  fin  in  quantity, 
and  the  voyages  last  about  three  or  four  months. 

3.  The  third  quality  is  that  of  the  small  Brazil  whale.  He  was 
originally  found  on  the  coast  of  Nantucket,  and  first  led  that  people 
to  this  pursuit.  He  retired  fu'st  to  the  banks  of  Newfoundland,  then 
to  the  Western  Islands,  and  is  now  found  within  soundings  on  the 
coast  of  Brazil,  during  the  months  of  December,  January,  February, 
and  March.  This  oil  chills  at  fifty  degrees  of  Fahrenheit,  and  eight 
degress  of  Reaumur,  is  black  and  offensive,  worth,  therefore,  but 
13Z.  the  ton  in  London.  In  warm  summer  nights,  however,  it  burns 
better  than  the  Greenland  oil. 

The  qualities  of  the  oil  thus  described,  it  is  to  be  added  that  an 
individual  has  discovered  methods:  1.  Of  converting  a  great  part 
of  the  oil  of  the  spermaceti  whale  into  a  solid  substance  called 
spermaceti,  heretofore  produced  from  his  head  alone.  '2.  Of  refining 
the  Greenland  whale  oil,  so  as  to  take  from  it  all  smell,  and  render 
it  limpid  and  luminous  as  that  of  the  spermaceti  whale.  3.  Of 
curdling  the  oil  of  the  Brazil  whale  into  tallow,  resembling  that  of 
beef,  and  answering  all  its  purposes.  This  person  is  engaged  by  the 
company  which  has  established  the  refinery  at  Rouen ;  their  works 
will  cost  them  half  a  million  of  livres,  will  be  able  to  refine  all  the 
oil  which  can  be  used  in  the  kingdom,  and  to  supply  foreign  markets. 
The  effect  of  this  refinery,  then,  would  be:  1.  To  supplant  the  solid 
spermaceti  of  all  other  nations  by  theirs  of  equal  quality  and  lower 
price.  2.  To  substitute,  instead  of  spermaceti  oil,  their  black  whale 
oil  refined,  of  equal  quality  and  lower  price.  3.  To  rendi'r  the 
worthUss  oil  of  the  Brazil  whale  e(jual  in  vahie  to  tallow;  and,  -l.  By 
accoaunodating  these  oils  to  uses  to  which  they  could  never  otherwise 
have  been  applied,  they  will  extend  the  demand  beNond  its  present 
narrow  limits  to  any  supply  which  can  be  furnished,  and  thus  give 
the  more  effcjctual  encouragcnient  and  extension  to  the  whale  fishery. 
But  these  works  were  calculated  on  the  arret  of  December  29, 
which  admitted  here,  freely  and  fully,  the  j)ro(luce  of  the  American 
fi.sh(rry.  If  confined  to  that  of  the  French  fishery  alone,  the  entcr- 
prize  may  fail  for  want  of  matter  to  work  on. 

After  (his  review  of  the  whale  fishery  as  a  political  institution, 
a  few   considerations  shall  be  added  on   its  produce  as  a  basis  of 


DIPLOMATIC  CORRESPONDENCE.  251 

commercial  exchange  between  France  and  the  United  States.  The 
discussions  it  has  undergone  on  former  occasions  in  this  point  of 
view,  leaves  little  new  to  be  now  urged. 

The  United  States  not  possessing  mines  of  the  precious  metals, 
they  can  purchase  necessaries  from  other  nations,  so  far  only  as  their 
produce  is  received  in  exchange.  Without  enumerating  our  smaller 
articles,  we  have  three  of  principal  importance,  proper  for  the  French 
market,  to  wit,  tobacco,  whale  oil,  and  rice.  The  first  and  most 
important  is  tobacco.  This  might  furnish  an  exchange  for  eight 
millions  of  the  productions  of  this  country ;  but  it  is  under  a  monopoly, 
and  that  not  of  a  mercantile,  but  a  financiering  company,  whose 
interest  is  to  pay  in  money,  and  not  in  merchandize ;  and  who  are 
so  much  governed  by  the  spirit  of  simplifying  their  purchases  and 
proceedings,  that  they  find  means  to  elude  every  endeavor  on  the 
part  of  Government  to  make  them  diffuse  their  purchases  among  the 
merchants  in  general.  Little  profit  is  derived  from  this,  then,  as  an 
article  of  exchange  for  the  produce  and  manufactures  of  France. 
Whale  oil  might  be  next  in  importance ;  but  that  is  now  prohibited. 
American  rice  is  not  yet  of  great,  but  it  is  of  growing  consumption, 
in  France,  and,  being  the  only  article  of  the  three  which  is  free,  it 
may  become  a  principal  basis  of  exchange.  Time  and  trial  may 
add  a  fourth,  that  is  timber.  But  some  essays,  rendered  unsuccessful 
by  unfortunate  circumstances,  place  that  at  present  under  a  discredit, 
which  it  will  be  found  hereafter  not  to  have  merited.  The  English 
know  its  value,  and  were  supplied  with  it  before  the  war.  A  spirit 
of  hostility,  since  that  event,  led  them  to  seek  Russian  rather  than 
American  supplies.  A  new  spirit  of  hostility  has  driven  them  back 
from  Russia,  and  they  are  now  making  contracts  for  American 
timber.  But  of  the  three  articles  before  mentioned,  proved  by 
experience  to  be  suitable  for  the  French  market,  one  is  prohibited, 
one  under  monopoly,  and  one  alone  free,  and  that  the  smallest,  and 
of  very  limited  consumption.  The  way  to  encourage  purchasers,  is 
to  multiply  their  means  of  payment.  Whale  oil  might  be  an 
important  one.  In  one  scale  is  the  interest  of  the  millions  who  are 
lighted,  shod,  or  clothed  with  the  help  of  it,  and  the  thousands  of 
laborers  and  manufacturers  who  would  be  employed  in  producing 
the  articles  which  might  be  given  in  exchange  for  it,  if  received  from 
America.  In  the  other  scale  are  the  interests  of  the  adventurers  in 
the  whale   fisher}^ ;    each  of  whom,  indeed,  politically  considered^ 


252  THOMAS  JEFFERSON-JOHN  JAY. 

may  be  of  more  importance  to  the  State  than  a  simple  laborer  or 
manufacturer  ;  but,  to  make  the-estimate  with  the  accuracy  it  merits, 
we  should  multiply  the  numbers  in  each  scale  into  their  individual 
importance,  and  see  which  proponderates.  Both  Governments  have 
seen,  with  concern,  that  their  commercial  intercourse  does  not  grow 
as  rapidly  as  they  would  wish.  The  system  of  the  United  States  is, 
to  use  neither  prohibitions  nor  premiums ;  commerce  there  regulates 
itself  freely,  and  asks  nothing  better.  Where  a  Government  finds 
itself  under  the  necessity  of  undertaking  that  regulation,  it  would 
seem  that  it  should  conduct  it  as  an  intelligent  merchant  would ; 
that  is  to  say,  invite  customers  to  purchase  by  facilitating  their 
means  of  payment,  and  by  adapting  goods  to  their  taste.  If  this 
idea  be  just.  Government  here  has  two  operations  to  attend  to,  with 
respect  to  the  commerce  of  the  United  States. 

1.  To  do  away,  or  to  moderate  as  much  as  possible,  the  prohi- 
bitions and  monopolies  of  their  material  for  payment. 

2.  To  encourage  the  institution  of  the  principal  manufactures 
which  the  necessities  or  the  habits  of  their  new  customers  call  for. 
Under  this  latter  head  a  hint  shall  be  suggested,  which  must  find  its 
apology  in  the  motive  from  which  it  flows ;  that  is,  a  desire  of 
promoting  mutual  interests  and  close  friendship.  Six  hundred  thou- 
sand of  the  laboring  poor  of  America,  comprehending  slaves  under 
that  denomination,  are  clothed  in  three  of  the  simplest  manufactures 
possible,  to  wit ;  osnabrigs,  plains,  and  dullcl  blankets.  The  first  is 
a  linen,  the  two  last  woolens.  It  happens,  too,  that  they  are  used 
exactly  by  those  who  cultivate  the  tobacco  and  rice,  and  in  a  good 
degree  by  those  employed  in  the  whale  fishery.  To  these  manufac- 
tures they  are  so  habituated  that  no  substitute  will  be  received.  If 
the  vessels  which  bring  tobacco,  rice,  and  whale  oil,  do  not  find  them 
in  the  ports  of  delivery,  they  must  be  sought  where  they  can  be 
found.  That  is  in  England  at  present.  If  they  were  made  in 
France,  they  would  be  gladly  taken  in  exchange  there.  The 
quantities  annually  used  by  this  description  of  people,  and  their 
value,  are  as  follows: 

Osnabriirfl,  2,700,000  nunrs,  (ffJC  sous  the  iiuno,  worili TAv.  2,160,000 

Pliiins,  1,350,000  nunrs,  ,n2  livr.'s  lli<' nun.- 2,70(1,000 

Duffel  bluiikcls,  300,000  ^7  livrcs  4  aoua  r-.vh 2,l(;n,000 

Liv.  7,020,000 


DIPLOMATIC  CORRESPONDENCE.  353 

It  would  be  difficult  to  say  how  much  should  be  added  for  the 
consumption  of  inhabitants  of  other  descriptions.  A  great  deal, 
surely.  But  the  present  view  shall  be  confined  to  the  one  description 
named.  Seven  millions  of  lin'es  are  nine  millions  of  days'  work  of 
those  who  raise,  card,  spin,  and  weave  the  wool  and  flax ;  and,  at 
three  hundred  working  days  to  the  year,  would  maintain  30,000 
people.  To  introduce  these  simple  manufactures,  suppose  Govern- 
ment to  give  five  per  cent,  on  the  value  of  what  should  be  exported 
of  them  for  ten  years  to  come.  If  none  should  be  exported,  nothing 
would  be  to  be  paid.  But,  on  the  other  hand,  if  the  manufactures 
should  rise  to  the  full  demand,  it  would  be  a  sacrifice  of  351,000 
li\Tes  a  year  for  ten  years  only,  to  produce  a  perpetual  subsistence 
for  more  than  30,000  people,  (for  the  demand  will  grow  with  our 
population.)  while  she  must  expend  perpetually  1,285,000  livres  a 
year  to  maintain  the  3,570  seamen  who  would  supply  her  with 
whale  oil ;  that  is  to  say,  for  each  seaman  as  much  as  for  thirty 
laborers  and  manufactm'ers.  But  to  return  to  our  subject,  and  to 
conclude. 

Whether,  then,  we  consider  the  arret  of  September  28  in  a  political 
or  a  commercial  light,  it  would  seem  that  the  United  States  should 
be  excepted  from  its  operation.  Still  more  so  when  they  invoke 
against  it  the  amity  subsisting  between  the  two  nations,  the  desire  of 
binding  them  together  by  every  possible  interest  and  connexion,  the 
several  acts  in  favor  of  this  exception,  the  digaiity  of  legislation, 
which  admits  not  of  changes  backwards  and  forwards,  tlie  interests 
of  commerce,  which  require  steady  regulations,  the  assurances  of  the 
friendly  motives  which  have  led  the  King  to  pass  these  acts,  and  the 
hope  that  no  cause  will  arise  to  change  either  his  motives  or  his 
measures  towards  us. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  November  29,  1788. 
Sir, 
In  the  hurry  of  making  up  my  letter  of  the  19th  instant,  I  omitted 
to  enclose  the  printed  paper  on  the  sul^ject  of  whale  oil.  That 
omission  is  now  supplied  by  another  conveyance  by  the  \\ay  of 
London.  The  explanatory  arret  is  not  yet  come  out.  I  still  take 
for  granted  it  will  pass,  though  there  be  an  opposition  to  it  in  the 


254  THOMAS  JEFFERSON-JOHX  JAY. 

Council.  In  the  meantime,  orders  are  given  to  receive  our  oils 
which  may  arrive.  The  apprehension  of  a  want  of  corn  has  induced 
them  to  turn  their  eyes  to  foreign  supplies ;  and  to  show  their 
preference  of  receiving  them  from  us,  they  have  passed  the  enclosed 
arret,  giving  a  premium  on  wheat  and  flour  from  tlie  United  States 
for  a  limited  time.  This  you  will  doubtless  think  proper  to  have 
translated  and  published.  The  Notables  are  still  in  session.  The 
votes  of  the  separate  bureaus  have  not  yet  been  reduced  to  a  joint 
act  in  the  assembly  of  the  whole.  I  see  no  reason  to  suppose  they 
will  change  the  separate  votes  relative  to  the  representation  of  the 
tiers  etat  in  the  States  General.  In  the  meanthne,  the  stream  of 
public  indignation,  heretofore  directed  against  the  Court,  sets  strongly 
agamst  the  Notables.  It  is  not  yet  decided  when  the  States  will 
meet,  but  certainly  they  cannot  till  February  or  JNIarch.  The  Turks 
have  retired  across  the  Danube.  This  indicates  their  goins  into 
winter  quarters,  and  the  severity  of  the  weather  must  hasten  it.  Tlie 
thermometer  was  yesterday  at  eight  degrees  of  Fahrenheit,  that  is, 
twenty-four  degrees  below  freezing.  This  having  continued  many 
days,  and  still  likely  to  continue,  and  the  wind  from  northeast, 
renders  it  probable  that  all  enterprize  must  be  suspended  between  the 
three  great  belligerent  Powers.  Poland  is  likely  to  be  thrown 
into  great  convulsions.  The  Empress  of  Russia  has  peremptorily 
demanded  such  aids  from  Poland  as  might  engage  it  in  the  war. 
Tlie  King  of  Prussia,  on  the  other  hand,  threatens  to  march  an  army 
on  their  borders.  The  vote  of  the  Polish  Confederacy  for  one 
hundred  thousand  men  was  a  coalition  of  the  two  parties  in  that 
single  act  only.  The  party  opposed  to  the  King  has  obtained  a 
majority'  and  have  voted  that  this  army  shall  be  independent  of  him. 
They  are  supported  by  Pmssia,  while  the  King  depends  on  Russia. 
Auth(.-ntic  infonnation  from  England  leaves  not  a  doubt  that  the  King 
is  lunatic,  and  that  that,  instead  of  the  ('(feet,  is  the  cause  of  the 
illness  under  which  he  has  been  so  m-ar  dying.  1  mention  this 
because  thf  iMiglish  newspapers,  sjieaking  by  guess  on  that  as  they 
do  on  all  other  subjects,  might  mislead  you  as  to  his  true  situation ; 
or,  rather,  might  mislead  others  who  know  less  than  you  do,  that  a 
thing  is  not  rendered  the  more  probable  by  being  mentioned  in  those 
papers. 

I  enclose  those  of  Leyden  to  the  present  date  with  the  gazettes  of 
France. 

I  have  the  honor  to  be,  Lc,  Til :  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  255 

Arret  of  the  King's  Council  of  State  to  encourage  by  Bounties  the 
importation  of  Wheat  and  Flour  coming  from  the  United  States 
of  America. 

Translation. 

November  23,  1788. 
Extract  from  the  Registers  of  the  Council  of  State. 

The  King,  unwilling  to  neglect  any  means  that  may  encourage 
during  this  year  the  importation  of  foreign  grain,  has  judged  it  proper 
to  grant  bounties  to  those  who  shall  import  into  his  kingdom  wheat 
and  flour  coming  from  the  United  States  of  America.  To  provide 
for  which  the  report  being  heard,  the  King,  in  his  Council,  has 
ordained,  and  does  ordain,  as  follows : 

Article  I.  There  shall  be  paid  to  all  French  or  foreign  merchants 
who,  from  the  15th  of  February  next  to  the  30th  of  June  following, 
shall  import  into  France  wheat  and  wheat  flour,  coming  from  the 
United  States  of  America,  a  bounty  of  thirty  sous  for  every  quintal 
of  flour.  The  said  bounties  shall  be  paid  by  the  receivers  of  the 
Farm  duties  in  the  ports  of  the  kingdom  where  the  said  grain  and 
flour  shall  arrive,  on  the  declarations  furnished  by  the  captains  of  the 
vessels,  who  shall  be  bound  to  annex  thereto  a  legal  copy  of  the 
bill  of  lading,  and  the  certificate  of  the  magistrates  of  the  place  where 
the  lading  shall  have  been  made. 

Article  II.  All  vessels,  without  distinction,  which,  during  the 
space  of  time  abovementioned,  shall  import  into  the  kingdom  wheat 
and  flour  from  the  said  United  States  of  America,  shall  be  exempted 
from  the  freight  duty  on  account  of  the  said  importations.  His 
Majesty  enjoins  the  intendants  and  commissaries  throughout  the 
provinces,  and  all  others  charged  with  the  execution  of  his  orders,  to 
carry  into  execution  the  present  arret,  which  shall  be  printed,  pub- 
lished, and  posted  wherever  it  may  be  necessary. 

Done  in  the  King's  Council  of  State,  his  IMajesty  being  present, 
held  at  Versailles,  the  2.3d  November,  1788. 

LAURENT  DE  VILLEDEUIL. 


256  THOMAS  JEFFERSON— JOHN  JAY. 

Arret  of  the  King's  Council  of  State  respecting  the  commerce  of 

Grain. 

Translation. 

November  23,  1788. 
Extract  from  the  Registers  of  the  Council  of  State. 

The  King  having  been  informed  of  the  price  of  grain,  and  of  the 
different  circumstances  which  have  raised  the  value,  has  learned  with 
pain  that  the  crops  have  not  yielded  the  customary  supply,  and  that 
the  cultivators  have  been  in  general  much  disappointed  in  their 
expectations.  It  is,  moreover,  generally  known  that  a  disastrous  hail 
storm  has  ravaged  a  great  part  of  his  dominions,  and  many  other 
unfortunate  events  have  conspired  to  diminish  the  crops  in  numberless 
parts  of  the  provinces  of  his  kingdom.  His  Majesty,  nevertheless, 
is  informed  that  no  scarcity  is  to  be  feared ;  but  there  may  not, 
perhaps,  be  a  surplus  quantity,  necessary  to  keep  the  price  within 
reasonable  limits.  It  is  not  in  his  Majesty's  power  to  control  the 
laws  of  nature,  but,  attentive  to  all  who  are  under  his  care  and  pro- 
tection, he  at  first  strictly  prohibited  the  exportation  of  grain,  and  at 
the  same  time  maintained  the  most  perfect  liberty  in  the  interior 
circulation,  in  order  that  all  the  provinces  of  liis  kingdom  might 
mutually  contribute  to  the  relief  of  each  other.  His  Majesty,  in 
consequence  of  his  paternal  anxii'ty  and  the  complaints  which  have 
been  addressed  to  him,  thinks  it  advisable  at  this  time  to  put  a  stop 
to  a  kind  of  speculation  by  no  means  of  service  to  the  proprietors, 
and  which  is  of  essential  detriment  to  the  consumers ;  that  is,  the 
purchases  and  forestallings  undertaken  only  with  a  view  of  profiting  by 
an  increase  of  price,  and  which  consequently  inspires  the  dangerous 
desire  of  seeing  the  prices  further  enhanced.  Such  speculations, 
which  are  beneficial  in  abundant  years,  excite  alarm,  and  may  have 
unhaj)py  consequences,  wliile  the  pnce  of  subsistence  is  already  so 
high.  His  Majesty  unwilling,  however,  to  authorize  any  examinations, 
which  it  is  so  easy  to  abuse,  has  thought  ])roj)('r  to  content  himself 
with  reestablishint,^  for  this  year  the  ancient  obligation  of  not  selling 
or  purchasing  but  in  ihc  markets,  that  tin-  oHiccrs  of  the  jiolice  may 
be  enabled  lo.obsrrvc;  the  conduct  of  ihosi;  who  give,  themselves  up 
to  so  dishonest  a  traflic.  He  has  at  the  same  time  thought  proper 
to  renew  the  ancient  ordinances  prohibiting  from  all  kind  of  coannerce 


I 


DIPLOMATIC  CORRESPONDENCE.  357 

in  grain  those  persons  who  are  charged  with  the  care  of  the  pohce 
and  good  order,  and  in  extending  the  prohibition  to  all  such  as  have 
the  management  of  the  royal  moneys,  and  as  are  in  any  manner 
attached  to  the  Administration.  He  at  the  same  time  promises  the 
most  particular  protection  to  the  merchants  who  may  import  into 
France  wheat  purchased  in  foreign  countries,  or  who  employ  them- 
selves in  carrying  grain  from  one  province  to  another,  and  by  this 
means  equalize  among  his  subjects  the  resources  and  means  of 
subsistence.  His  IMajesty  cannot  warrant,  notwithstanding  these 
precautions,  and  all  those  which  he  will  take  by  means  of  adminis- 
tration to  encourage  the  importation  of  foreign  wheat  into  the  kingdom, 
that  the  price  of  this  commodity  may  not  be  constantly  dear  this 
year;  but  notwithstanding  the  painful  situation  of  his  finances,  he 
will  grant  more  considerable  relief  than  at  other  times  to  the  most 
indigent  part  of  his  people,  and  he  will  not  cease  to  do  everything 
that  can  be  reasonably  expected  from  his  beneficence  and  his 
resources.  For  which  being  willing  to  provide,  having  heard  the 
report,  the  King  being  present  in  his  Council,  has  ordained,  and  does 
ordain,  as  follows: 

Article  I.  His  Majesty  wills  and  ordains,  that  under  the  penalties 
established  by  the  ancient  regulations,  grain  and  flour  shall  not  be 
sold  nor  bought  in  any  other  place  than  in  the  halls,  markets,  or  in 
the  ordinary  ports  of  the  cities,  towns,  and  places  of  the  kingdom  as 
have  been  established  for  the  purpose. 

Article  H.  His  Majesty  prohibits  the  merchants,  and  all  other 
persons,  of  whatsoever  quality  or  condition  they  may  be,  from  going 
out  to  meet  those  who  shall  bring  grain  to  market,  either  to  give  them 
earnest  or  to  make  any  private  bargain  with  them. 

Article  HI.  His  Majesty  prohibits  the  officers  of  justice  and 
police,  all  weighers  and  measurers,  and  other  persons  employed  in 
the  service  of  the  markets,  as  well  as  the  Farmers  and  receivers  of 
his  dues,  clerks  of  his  receipts,  cashiers,  and  other  persons  employed 
in  the  collection  of  his  revenue,  or  attached  in  any  other  manner  to 
the  administration  of  his  finances,  from  intermeddling,  either  directly 
or  indirectly,  in  the  commerce  of  grain. 

Article  IV.  His  Majesty   expressly  wills   that  no   impediment 
should  be  made  to  the  free  transportation  of  grain  throughout  his 
kingdom,  and   orders  the  judges  of  police   and   the  officers  of  the 
Marechf'ussce  to  aid  the  execution  of  his  orders. 
Vol.  IL~17 


258  THOMAS  JEFFERSON-JOHN  JAY. 

Article  V.  The  dispositions  of  the  present  rule  shall  have  force 
but  for  one  year.  His  Majesty  reserving  the  renewal  at  the  expira- 
tion of  that  term,  if  circumstances  require. 

Article  VI.  His  ^lajesty  confirms,  as  far  as  may  be  necessary, 
the  ancient  regulations  which  order  that  the  inhabitants  of  those 
places  where  grain  is  exposed  to  sale,  to  provide  themselves,  in 
preference  to  the  merchants,  with  the  quantity  necessary  for  their 
consumption. 

Article  VH.  His  JNIajesty  does  not  intend  to  make  any  innovation 
in  the  regulations  of  the  police  hitherto  pursued  for  supplying  the 
city  of  Paris  with  provisions,  which  shall  continue  to  be  observed  as 
heretofore. 

Article  VHI.  His  Majesty  paternally  exhorts  the  proprietors  and 
Farmers  to  concur  in  his  wise  and  beneficent  designs,  and  to  supply, 
by  sufficiently  providing  the  markets,  the  manner  which  he  conceives 
not  proper  to  prescribe  at  present ;  and  all  letters  patent,  if  necessary, 
shall  be  made  out  under  the  present  arret. 

Done  in  the  King's  Council  of  State,  his  Majesty  being  present, 
held  at  Versailles,  the  22d  November,  1788. 

LAURENT  DE  VILLEDEUIL. 


FROM   JOHN   JAY   TO    THOMAS    JEFFERSON. 

Office  for  Foreign  Affairs,  March  9,  1789. 
Dear  Sir, 

Since  the  13th  day  of  Septembof  nine  States  have  not  been 
represented  in  Congress,  and  since  the  10th  day  of  October  last  a 
sufficient  number  for  ordinary  business  have  not  convened.  No 
progress,  therefore,  could  be  made  in  the  adairs  of  this  department,, 
and  that  will  continue  to  be  the  case  until  the  Government  shall  be 
organized.  Many  members  of  the  new  Congress  are  now  here,  but 
not  a  sufficient  number  of  both  Houses  to  form  quorums.  There  is, 
nevertheless,  reason  to  expect  that  both  Houses  will  be  in  capacity 
next  week  to  open  the  ballots  for  I'rcsident  and  Vice  President.  It 
is  generally  supposed,  and,  indeed,  known,  that  General  Washington 
is  chosen  for  the  first,  and  Mr.  Adams  for  the  second. 

I  have  been  favorc'd  with  your  letters  of  20lh  August,  3d,  Sth,  and 
24th  September,  (extracts  from  the  two  last  of  which,  relative  to  our 


DIPLOMATIC  CORRESPONDENCE.  259 

captives  at  Algiers  and  foreign  officers,  have  been  communicated  to 
the  Board  of  Treasury,)  and  14th,  19th,  and  29th  November,  1788. 
The  alterations  in  the  Consular  convention  give  satisfaction.  The 
papers  relative  to  it  have  been  perused  by  several  members  of 
Congress.     Your  conduct  is  greatly  and  deservedly  commended. 

The  reasons  assigned  for  your  wishing  to  make  a  short  visit  to 
America,  are,  in  my  opinion,  sufficient  to  justify  you  in  asking  for 
leave,  and  Congress  in  granting  it;  but,  my  dear  sir,  there  is  no 
Congress  sitting,  nor  have  any  of  their  servants  authority  to  interfere. 
As  soon  as  the  President  shall  be  in  office,  I  will,  without  delay, 
communicate  your  letters  to  him,  and  give  the  business  all  the 
despatch  in  my  power. 

To  this  1  shall  be  prompted  not  only  by  official  duty,  but  by  that 
personal  esteem  and  regard,  with  which  I  am,  he, 

JOHN  JAY. 


FROM  THOMAS  JEFFERSON  TO  JOHN  ADAMS. 

Paris,  December  5,  1788. 
Dear  Sir, 

I  had  the  honor  of  writing  to  you  on  the  2d  of  August,  and  of 

adding  a  postscript  of  August  the  6th. 

******** 

You  recollect  well  the  arret  of  December  the  29th,  in  favor  of  our 

commerce,  and  which  among  other  tilings  gave  a  free  admission  to 

our  whale  oil  under  a  duty  of  about  two  louis  a  ton.    In  consequence 

of  the  English   treaty,  their  oils   flowed    in,  and   overstocked    the 

market.     The  light  duty  they  were  liable  to  under  the  treaty,  still 

lessened   by  false    estimates,  and    aided    by  the    premiums    of  the 

British  Government,  enabled   them    to   undersell    the  French    and 

American  oils.     This   produced   an  outcry  of  the  Dunkirk  fishery. 

It  was    proposed   to    exclude    all  European    oils  which  would    not 

infringe  the  British  treaty.     I  could  not  but  encourage  this  idea, 

because    it  would    give    to  the  French    and  American    fisheries    a 

monopoly  of  the  French  market.     The  arret  was  drawn  up ;  but  in 

the  very  moment  of  passing  it,  they  struck  out  the  word  European, 

so  that  our  oils  became  involved.     This  I  believe  was  the  effect  of  a 

single  person  in  the  Ministry.     As  soon  as  it  was  known  to  me,  I 

wrote  to  Monsieur  de  Montmorin,  and  had  conferences  with  him  and 


260  THOMAS  JEFFERSOX-JOHN  JAY 

the  other  Ministers.  I  found  it  necessary  to  give  tliem  information 
on  the  subject  of  the  whale  fishery,  of  which  they  knew  little,  but 
from  the  partial  information  of  their  Dunkirk  adventurers.  I  there- 
fore wrote  the  observations,  (of  which  I  enclose  you  a  printed  copy,) 
had  them  printed  to  entice  them  to  read  them,  and  particularly 
developed  the  expense  at  which  they  are  carrying  on  that  fishery, 
and  at  which  they  must  continue  it,  if  they  do  continue  it.  This 
part  was  more  particularly  intended  for  M.  Neckcr,  who  was  quite 
a  stranger  to  the  subject,  who  has  principles  of  economy,  and  will 
enter  into  calculations.  Other  subjects  are  incidentally  introduced. 
Though  little  connected  with  the  main  question,  they  had  been 
called  for  by  other  curcumstances.  An  immediate  order  was  given 
for  the  present  admission  of  our  oils  till  they  could  form  an  arret, 
and  at  a  conference  the  ckaught  of  an  arret  was  communicated  to 
me,  which  reestablished  that  of  December  the  29th.  They 
expressed  fears  that  under  cover  of  our  name,  the  Nova  Scotia  oils 
would  be  introduced ;  and  a  blank  was  left  in  the  draught  for  the 
means  of  preventing  that.  They  have  since  proposed  that  the  cer- 
tificate of  their  Consul  shall  accompany  the  oils  to  authorize  their 
admission ;  and  this  is  what  they  will  probably  adopt.  It  was 
observed  that  if  our  States  would  prohibit  all  foreign  oils  from  being 
imported  into  them,  it  would  be  a  great  safeguard,  and  an  encourage- 
ment to  them  to  continue  the  admission.  Still  (here  remains  an 
expression  in  the  arret  that  it  is  provisory  only.  However,  we  must 
be  contented  with  it  as  it  is ;  my  hope  being  that  the  Legislature 
will  be  transferred  to  the  National  Assembly,  in  whose  hands  it  will 
be  more  stable,  and  with  whom  it  will  be  more  diflicult  to  obtain  a 
repeal  should  the  INIinistry  hereafter  desire  it.  If  they  could  succeed 
in  drawing  over  as  many  of  our  Nantucket  men  as  would  su])ply 
their  demands  of  oil,  W(unight  then  fear  an  exclusion,  but  the  jirescnt 
arret  as  soon  as  it  shall  be  passed  will,  I  hope,  place  us  in  safely  till 
that  event,  and  that  event  may  never  happen.  J  have  entered  into 
all  these  details,  that  you  may  be  enabled  to  quiet  the  alarm  which 
must  have  been  raised  by  th<!  arret  of  September  the  ^Itli,  and 
assure  the  adventurers  that  they  may  pursue  their  enterprises  as 
safely  as  if  that  had  never  been  passed,  and  more  profitably,  because 
we  participate  now  of  a  monopolized  instead  of  an  open  market. 
The  enclosed  observations,  though  printed,  have  only  been  given  to 
the  Ministers,  and  one  or  two  other  confidential  persons.     You  w  ill 


DIPLOMATIC  CORRESPONDENCE.  261 

see  that  they  contain  matter  which  should  be  kept  from  the  Enghsh, 
and  will  therefore  trust  them  to  the  perusal  only  of  such  persons  as 
you  can  confide  in.  We  are  greatly  indebted  to  the  Marquis  de  la 
Fayette  for  his  aid  on  this  as  on  every  other  occasion.  He  has  paid 
the  closest  attention  to  it,  and  combatted  for  us  with  the  zeal  of  a 
native. 

The  necessity  of  reconducting  my  family  to  America,  and  of 
placing  my  affairs  there  under  permanent  arrangements,  has  obliged 
me  to  ask  of  Congress  a  six  months'  absence,  to  wit,  from  April  to 
November  next.  I  hope,  therefore,  to  have  the  pleasure  of  seeing 
you  there,  and  particularly  that  it  will  be  at  New  York  that  I  shall 
find  you. 

Be  so  good  as  to  present  my  sincere  esteem  to  Mrs.  Adams,  and 
believe  me,  Stc, 

TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON    TO    JOHN   JAY. 

Paris,  January  11,  1789. 

Sir, 
My  last  letters  have  been  of  the  14th,  19th,  and  29th  of  Novem- 
ber, by  the  way  of  London.  The  present  will  go  the  same  way, 
tln'ough  a  private  channel.  All  military  operations  in  Europe  seem 
to  have  been  stopped  by  the  excessive  severity  of  the  weather.  In 
this  country  it  is  unparalleled  in  so  early  a  part  of  the  winter,  and  in 
duration,  having  continued  since  the  middle  of  November,  during 
which  time  it  has  been  as  low  as  nine  degrees  below  nought,  that  is 
to  say,  forty-one  degrees  below  freezing,  by  Fahrenheit's  thermom- 
eter, and  has  increased  the  difficulties  of  the  Administration  here. 
They  had  before  to  struggle  with  the  want  of  money,  and  want  of 
bread  for  the  people,  and  now  the  want  of  fuel  for  them,  and  want 
of  employment.  The  siege  of  Oczakow  is  still  continued,  the 
soldiers  sheltering  themselves,  in  the  Russian  manner,  in  subterra- 
neous barracks,  and  the  Captain  Pacha  has  retired  with  his  fleet. 
The  death  of  the  King  of  Spain  has  contributed,  with  the  insanity 
of  the  English  King,  to  render  problematical  the  form  which  the 
affairs  of  Europe  will  ultimately  take.  Some  think  a  peace  possible 
between  the  Turks  and  the  two  Empires,  with  the  cession  of  the 


262  THOMAS  JEFFERSON-JOHN  JAY. 

Crimea  to  the  former,  as  less  important  to  Russia  than  Poland,  which 
she  is  in  clanger  of  losing.  In  this  case,  the  two  Empires  might 
attack  the  King  of  Prussia,  and  the  scene  of  war  he  only  changed. 
He  is  certainly  uneasy  at  the  accident  happened  to  his  principal  ally. 
There  seems  no  doubt  but  that  the  Prince  of  Wales  will  be  sole 
regent ;  but  it  is  also  supposed  they  will  not  give  him  the  whole 
executive  powers,  and  particularly  that  of  declaring  war  without  the 
consent  of  the  Parliament.  Should  his  personal  dispositions,  there- 
fore, and  that  of  a  new  Ministry,  be  the  same  which  the  King  had 
of  cooperating  with  Prussia,  yet  the  latter  cannot  count  on  their 
effect;  probably  the  Parliament  will  not  consent  to  war,  so  that  I 
think  we  may  consider  the  two  great  Powers  of  France  and  England 
as  absolutely  at  rest  for  some  time.  As  the  character  of  the  Prince 
of  Wales  is  becoming  interesting,  I  have  endeavored  to  learn  what 
it  truly  is.  This  is  less  difficult  in  his  case  than  in  that  of  other 
persons  of  his  rank,  because  he  has  taken  no  pains  to  hide  himself 
from  the  world.  The  information  I  most  rely  on  is  from  a  person 
here,  with  whom  I  am  intimate,  who  divides  his  time  between  Paris 
and  London,  an  Englishman  by  birth,  of  truth,  sagacity,  and  science. 
He  is  of  a  circle  when  in  London  which  has  had  good  opportunities 
of  knowing  the  Prince ;  but  lie  has  also,  himself,  had  special  occasions 
of  verifying  their  information  by  his  own  personal  observation.  He 
happened,  when  last  in  London,  to  be  invited  to  a  dinner  of  three 
persons.  The  Prince  came  by  chance,  and  made  the  fourth.  He 
eat  half  a  leg  of  mutton,  did  not  taste  of  small  dishes,  because 
small,  drank  Champagne  and  Burgundy  as  small-beer  during  dinner, 
and  Bordeaux  after  dinner,  as  the  rest  of  the  company.  Upon  the 
whole,  he  eat  as  much  as  the  other  three,  and  drank  about  two 
bottles  of  wine,  without  seeming  to  feel  it.  I\Iy  inlbrmant  sat  next 
him,  and  being  till  then  unknown  to  the  Prince  personally,  (though 
not  by  character,)  and  lately  from  I"'rance,  the  Prince  confnied  his 
convfTsalion  almost  entirely  to  him.  Observing  to  the  Prince  that 
he  spokf  the  French  without  the  least  foreign  accent,  the  Prince 
told  him  that  when  very  young  his  father  had  put  only  French 
servants  about  him,  and  that  it  was  to  that  circumstance  he  owed  his 
pronunciation.  He  led  him  iVom  this  to  give  an  account  of  his 
education,  the  total  of  which  was  the  learning  a  little  Latin.  He 
has  not  a  singh;  element  of  mathematics,  of  natural  or  moral  philos- 
ophy, or  of  any  other  science  on  earth.     ISor  has  the  society  he  has 


DIPLOMATIC  CORRESPONDENCE.  263 

kept  been  such  as  to  supply  the  void  of  education.  It  has  been  that 
of  the  lowest,  the  most  illiterate  and  profligate  persons  of  the  king- 
dom, without  choice  of  rank  or  merit,  and  with  whom  the  subjects  of 
conversation  are  only  horses,  drinking-matches,  bawdy-houses,  and  in 
terms  the  most  vulgar.  The  young  nobility,  who  begin  by  associating 
with  him,  soon  leave  him,  disgusted  with  the  insupportable  profligacy 
of  his  society ;  and  ]Mr.  Fox,  who  has  been  supposed  his  favorite, 
and  not  over  nice  in  the  choice  of  company,  would  never  keep  his 
company  habitually.  In  fact,  he  never  associated  with  a  man  of 
sense.  He  has  not  a  single  idea  of  justice,  morality,  religion,  or  of 
the  rights  of  man,  nor  any  anxiety  for  the  opinion  of  the  world.  He 
carries  that  indifference  of  fame  so  far,  that  he  would  probably  not 
be  hurt  were  he  to  lose  his  throne,  provided  he  could  be  assured  of 
having  always  meat,  drink,  horses,  and  women.  In  the  article  of 
women,  nevertheless,  he  has  become  more  correct  since  his  connexion 
with  Mrs.  Fitzherbert,  who  is  an  honest  and  w^orthy  woman.  He 
is  even  less  scrupulous  than  he  was.  He  had  a  fine  person,  but  it  is 
becoming  coarse.  He  possesses  good  native  common  sense;  is 
affable,  polite,  and  very  good  humored,  saying  to  my  informant,  on 
another  occasion,  "Your  friend  such  a  one  dined  with  me  yesterday, 
and  I  made  him  damned  drunk."  He  replied,  "I  am  sorry  for  it; 
I  had  heard  that  your  royal  highness  had  left  off  drinking."  The 
Prince  laughed,  tapped  him  on  the  shoulder  very  good  naturedly, 
without  saying  a  word,  or  ever  after  showing  any  displeasure.  The 
Duke  of  York,  who  was  for  sometime  cried  up  as  the  prodigy  of  the 
family,  is  as  profligate,  and  of  less  understanding.  To  these  partic- 
ular traits,  from  a  man  of  sense  and  truth,  it  would  be  superfluous  to 
add  the  general  terms  of  praise  or  blame,  in  which  he  is  spoken  of 
by  other  persons,  in  whose  impartiality  and  penetration  I  have  less 
confidence.  A  sample  is  better  than  a  description.  For  the  peace 
of  Europe,  it  is  best  that  the  King  should  give  such  gleamings  of 
recovery,  as  would  prevent  the  Regent  or  his  Alinistry  from  thinking 
themselves  fimi,  and  yet  that  he  should  not  recover.  This  country 
advances  with  a  steady  pace  towards  the  establishment  of  a  consti- 
tution whereby  the  people  will  resume  the  greatness  of  those  powers 
so  fatally  lodged  in  the  hands  of  the  King.  During  the  sessions  of 
the  Notables,  and  after  tlieir  votes  against  the  rights  of  the  people, 
the  Parliament  of  Paris  took  up  the  subject  and  passed  a  vote  in 
opposition  to  theirs,  (^^'hich  I  send  you ;)  this  was  not  their  genuine 


264  THOMAS  JEFFERSOX— JOHX  JAY. 

sentiment.  It  was  a  manoeu\Te  of  the  young  members,  who  are 
truly  well  disposed,  taking  advantage  of  the  accidental  absence  of 
many  old  members,  and  bringing  others  over  by  the  clause  which, 
while  it  admits  the  negative  of  the  States  General  in  legislation, 
reserves  still  to  the  Parliament  the  right  of  enregistering ;  that  is  to 
say,  another  negative.  The  Notables  persevered  in  their  opinion. 
The  Princes  of  the  blood  (^Monsieur  and  the  Duke  d'Orleans  excepted) 
presented  and  published  a  memoir,  threatening  scission.  The  Par- 
liament were  proposing  to  approve  of  that  memoir,  (by  way  of 
rescinding  their  former  vote.)  and  were  prevented  from  it  by  the 
threat  of  a  young  member  to  impeach  {(hnonccr)  the  memoir  and 
the  princes  w-ho  have  signed  it.  The  vote  of  the  Notables,  there- 
fore, remaining  balanced  by  that  of  the  Parliament,  the  voice  of  the 
nation  becoming  loud  and  general  for  the  rights  of  the  tiers  etat,  a 
strong  probability,  that  if  they  were  not  allowed  one  half  the  repre- 
sentation, they  would  send  up  their  members  with  express  instmctions 
to  agree  to  no  tax,  to  no  adoption  of  the  public  debts,  and  the  Court 
really  wishing  to  give  them  a  moiety  of  the  representation.  This 
was  decided  on  ultimately.  You  are  not  to  suppose  that  these 
dispositions  of  the  Court  proceed  from  any  love  of  the  people  or 
justice  towards  their  rights.  Courts  love  the  people  always  as  wolves 
do  the  sheep.  The  fact  is  this,  the  Court  wants  money.  From  the 
tiers  etat  they  cannot  get  it,  because  they  are  already  squeezed  to 
the  last  drop.  The  clergy  and  the  nobles,  by  their  privileges  and 
influence,  have  hitherto  screened  their  property  in  a  great  degree 
from  public  contribution.  That  half  of  the  orange  then  remains  yet 
to  be  squeezed,  and  for  this  operation  there  is  no  agent  powerful 
enough  but  the  people.  They  are,  therefore,  brought  forward  as  the 
favorites  of  the  Court,  and  will  be  supported  by  them.  The  moment 
of  crisis  will  be  the  meeting  of  the  States,  because  their  first  act  will 
be  to  (K'ridc  whether  they  shall  vote  by  persons  or  by  orders.  The 
clergy  will  loave  nothing  unattempted  to  obtain  the  latter,  for  they 
scf  that  the  spirit  of  reformation  will  notronfine  itself  to  the  political, 
but  will  extend  to  the  ecclesiastical  establishment  also.  With  resj)ect 
to  the  nobles,  the  younger  members  are  generally  for  the  people,  and 
the  middle-aged  are  daily  coming  over  to  the  same  side,  so  that 
by  the  time  the  States  meet,  we  may  hop<;  there  will  be  a  majority 
of  that  body  also  in  favor  of  the  people,  and  consequently  for  voting 
by  persons,  and  not  orders. 


DIPLOMATIC  CORRESPONDENCE.  265 

You  will  perceive,  bj  the  report  of  ]\I.  Necker,  (in  the  gazette  of 
France:)  1st.  A  renewal  of  the  renunciation  of  the  power  of 
imposing  a  new  tax  by  the  King,  and  a  like  renunciation  of  the 
power  to  continue  any  old  one.  2d.  An  acknowledgment  that  the 
States  are  to  appropriate  the  public  moneys,  which  will  go  to  the 
binding  the  Court  to  a  civil  list.  3d.  A  consent  to  the  periodical 
meeting  of  the  States.  4th.  To  consider  of  the  restriction  of  which 
lettres  de  cachet  are  susceptible.  5th.  The  degree  of  liberty  to  be 
given  to  the  press,  6th.  A  bill  of  rights.  7th.  There  is  a  passage 
which  looks  towards  the  responsibility  of  JMinisters.  Nothing  is 
said  of  communicating  to  them  a  share  in  the  legislation.  The 
Ministry,  perhaps,  may  be  unwilling  to  part  with  this,  but  it  will  be 
insisted  on  in  the  States.  The  letters  of  convocation  will  not 
appear  till  towards  the  latter  end  of  the  month ;  neither  time  nor 
place  are  yet  declared,  but  Versailles  is  talked  of,  and  we  may  well 
presume  that  some  time  in  April  may  be  fixed  on.  In  the  mean 
time,  M.  Necker  gets  money  to  keep  the  machine  in  motion.  Their 
funds  rose  slowly  but  steadily  till  within  these  few  days  that  there 
was  a  small  check.  However,  they  stand  very  well,  and  will  rise. 
The  caisse  d'escompte  lent  the  Government  twenty-five  millions  two 
days  ago.  The  navy  of  this  country  sustained  a  heavy  loss  lately 
by  the  death  of  the  Bailli  de  Sufirein.  He  was  appointed  General- 
lissimo  of  the  Atlantic,  when  war  was  hourly  expected  with  England, 
and  is  certainly  the  officer  on  whom  the  nation  would  have  reposed 
its  principal  hopes  in  such  a  case.  We  just  now  hear  of  the  death 
of  the  Speaker  of  the  House  of  Commons  before  the  nomination  of 
a  regent,  which  adds  a  new  embaiTassment  to  the  reestablishment  of 
Government  in  England. 

Since  writing  mine  of  November  29th,  yours  of  the  23d  of  Sep- 
tember came  to  hand.  As  the  General  of  the  JMathurins  was  to  be 
employed  in  the  final  redemption  of  our  captives,  I  thought  that 
their  previous  support  had  better  be  put  into  his  hands,  and  con- 
ducted by  himself,  in  such  a  way  as  not  to  counterwork  his  plan  of 
redemption,  whenever  we  can  enable  him  to  begin  on  it.  I  gave 
him  full  powers  as  to  the  amount  and  manner  of  subsisting  them. 
He  has  undertaken  it,  informing  me,  at  the  same  time,  that  it  will  be 
on  a  very  low  scale,  to  avoid  suspicion  of  its  commg  from  the  public. 
He  spoke  of  but  three  sous  a  day  per  man,  as  being  sufficient  for 
their  physical  necessaries,  more  than  which  he  thinks  it  not  advisable 


266  THOMAS  JEFFERSON-JOHN  JAY. 

to  give.  I  have  no  definitive  answer  yet  from  our  bankers,  whether 
we  may  count  on  the  whole  milHon  last  agreed  to  be  borrowed,  but 
I  have  no  doubt  of  it,  from  other  information,  though  I  have  not 
their  formal  affirmative.  The  gazettes  of  Leyden  and  France  to 
this  date  accompany  this. 

I  have  the  honor  to  be,  &z;c.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  January  14,  1789. 
Sir, 

Li  my  letter  of  the  11th  I  have  said  nothing  of  the  arret  explana- 
tory of  that  of  September  28th,  on  the  subject  of  whale  oils,  which 
my  letter  of  November  19th  gave  you  reason  to  expect ;  though  this 
explanatory  arret  has  been  passed  so  long  ago  as  the  7th  of  Decem- 
ber, it  had  not  been  possible  for  me  to  obtain  an  authentic  copy  of  it 
till  last  night.  I  now  enclose  that  to  you,  with  a  copy  of  a  letter  to 
me,  from  JMr.  Necker,  on  the  subject.  The  reception  of  our  oils  in 
the  mean  time,  is  provided  for  by  an  intermediate  order.  You  will 
observe  that  in  the  arret  it  is  said  to  be  passed  ''jjrovisoireincnt,^' 
and  that  Mr.  Necker  expressly  holds  up  to  us,  in  his  letter,  a  repeal 
whenever  the  national  fishery  supplies  their  wants.  The  arret,  how- 
ever, is  not  limited  in  its  duration,  and  we  have  several  chances 
against  its  repeal.  It  may  be  questioned  whether  Mr.  Necker 
ti)inks  the  fishery  worth  the  expense.  It  may  be  well  questioned 
whetiier,  with  or  without  encouragement,  the  nation  whose  navigation 
is  least  economical  of  all  in  Europe,  can  ever  succeed  in  the  w  hale 
fishery,  wiiicii  calls  for  the  most  rigorous  economy.  It  is  hoped  that 
a  share  in  the  legislation  will  pass  immediately  into  tlio  hands  of  the 
States  General,  so  as  to  be  no  longer  in  the  power  of  the  commis  of 
a  bureau,  or  even  of  his  Minister,  to  smuggle  a  law  through  unques- 
tioned ;  and  we  may  even  hope  that  the  national  demand  for  this  oil 
will  increase  faster  than  both  their  and  our  fisheries  together  will 
supply.  ]}ut  in  spite  of  all  these  hoj)es,  if  the  English  should  find 
means  to  cover  th(,'ir  oils  under  our  name,  there  will  be  great  danger 
of  a  repeal.  It  is  essential,  then,  that  our  (iovernment  take  effectual 
measures  to  prrnciit  the  English  from  obtaining  geiniine  sea-paj)ers, 
and  that  they  enable  their  Consuls  in  the  ports  of  France  (as  soon 
as  they  shall   hi-  named)  to  deled  counterfeit  papers,  and  thai  we 


DIPLOMATIC  CORRESPONDENCE.  267 

convince  this  Government  that  we  use  our  best  endeavors  with  good 
faith,  as  it  is  clearly  our  interest  to  do ;  for  the  rivalship  of  the 
English  is  the  only  one  we  have  to  fear.  It  had  already  begun  to 
render  our  oils  in  vendible  in  the  ports  of  France.  You  will  observe 
that  Mr.  Necker  renews  the  promise  of  taking  off  the  ten  sous  pour 
livre  at  the  end  of  the  next  year. 

Oczakow  is  at  length  taken  by  assault.  The  assailants  were 
fourteen  thousand,  and  the  garrison  twelve  thousand,  of  whom  seven 
thousand  were  cut  to  pieces  before  they  surrendered.  The  Russians 
lost  three  thousand  men.  This  is  the  Russian  version,  of  which  it 
is  safe  to  believe  no  part- but  that  Oczakow  is  taken.. 

The  Speaker  of  the  English  House  of  Commons  having  died 
suddenly,  they  have  chosen  Mr.  Grenville,  a  young  man  of  twenty- 
seven  years  of  age.  This  proves  that  Mr.  Pitt  is  firm  with  the 
present  Parliament. 

I  have  the  honor  to  be,  &c,  TH :  JEFFERSON. 


FROM   M.    NECKER   TO    THOMAS    JEFFERSON. 

Translation. 

Versailles,  January  11,  1789. 
Sir, 

I  have  the  honor  to  send  you  a  copy  of  the  arret  which  has  just 
been  returned  to  the  Council  to  explain  the  one  of  the  28th  of 
September  last,  to  except  from  the  prohibitions  therein  contained 
whale  bone,  whale  oil,  spermaceti,  and  fish  oil,  arising  from  the 
fisheries  of  the  United  States  of  America,  and  imported  into  France 
in  v^essels  belonging  to  the  subjects  of  the  United  States  or  France. 
These  articles  will  continue  to  be  entered  as  heretofore,  agreeably  to 
the  dispositions  of  the  arret  of  the  29th  December  last,  that  is  to  say, 
subject  to  the  duty  of  IL  10s.  per  barrel  of  oil  weighing  five 
hundred  and  twenty  pounds,  and  6/.  I3s.  4d.  per  quintal  of  whale 
bone,  and  10  sols  per  livre,  (over  and  above  both  duties,)  which 
shall  cease  on  the  last  of  December,  1790.  His  Majesty  is  always 
disposed  to  favor  as  far  as  possible  the  commerce  of  the  United 
States,  but  he  is  bound  to  give  a  preference  to  the  national 
commerce ;  and  it  would  be  contrary  to  the  spirit  of  justice  which 
inspires  him,  were  he  to  allow  the  importation  of  foreign  oils  when- 
ever the  national  fishery  shall  be  adequate  to  the  supply  of  the 


268  THOMAS  JEFFERSON— JOHN  JAY. 

kingdom.  For  this  reason,  therefore,  his  Majesty's  wisdom  could 
only  permit  a  provisional  importation  of  American  oil  and  whale 
bone,  until  the  national  fishery  is  capable  of  supplying  the  wants  of 
France.  But  the  United  States  are  sufficiently  acquainted  with  the 
equity  which  regulates  all  his  Majesty's  inclinations  to  be  persuaded 
that  when  the  national  oils  shall  be  sufficient  for  the  consumption  of 
the  kingdom,  the  American  oil  and  whale  bone,  which  shall  be  found 
embarked  at  the  time  of  that  revocation,  shall  be  admitted  into  France 
until  it  shall  be  known  in  America,  and  he  has  charged  me  to  acquaint 
you  with  it. 

I  make  no  doubt  but  that  the  United  States  of  Am'erica  will 
consider  this  decision  of  his  Majesty  as  a  fresh  proof  of  his  desire  to 
keep  up  the  most  intimate  connexion  between  the  two  nations,  and 
to  give  proofs  thereof;  and  on  their  part  he  expects  they  will  add  to 
the  precautions  prescribed  by  this  arret  such  as  may  be  in  their 
power  to  prevent  the  fraudulent  importation  of  foreign  oil  and  whale 
bone  under  the  name  of  American. 

I  have  the  honor  to  be,  he,  NECKER. 


Translation. 

Arret  of  the  King's  Council  of  State,  excepting  Whale  and  other 
Fish  Oils,  and  also  IVhalc  Bone,  the  product  of  the  Fisheries  of 
the  United  States  of  America,  from  the  prohibition  contained  in 
the  arret  of  the  )i8th  September  last. 

December  7,  1788. 

Extract  from  the  Registers  of  the  Council  of  State. 

The  King  having  taken  information  on  the  arret  pronounced  in 
his  Council,  the  28th  December  last,  proliibiiing  llic  importation  of 
whale  oil  and  spermaceti,  the  produce  of  foreign  fisluTies  into  the 
kingdom,  observing  that  oil  made  from  sea-calves  and  other  fish  and 
sea  animals,  not  being  comprehended  in  the  said  arret,  a  fraudulent 
importation  of  whale  oil  might  take  j)lace  under  the  name  of  the 
aforesaid  oils,  and  that  on  the  other  hand,  it  miglit  be  mferred  from 
tlie  tenor  of  the  said  arret  that  oils,  the  produce  of  the  fisheries  of 
tlie  United  States,  were  prohibiti-d ;  and  his  Majesty  wishing  to 
remove  every  doubt  on  this  head,  to  provide,  therefore,  for  the  same, 


DIPLOMATIC  CORRESPONDENCE.  269 

having  heard  the  report  of  the  Sieur  Lambert,  Counsellor  of  State  in 
Ordinary,  and  of  the  Council  of  Despatches,  and  Royal  Council  of 
Finances  and  Commerce,  the  King  being  present  in  his  Council, 
has  ordained,  and  does  ordain  that,  reckoning  from  the  1st  day  of 
April  next,  oil  made  from  sea-calves,  and  from  fish  and  other  sea 
animals  produced  from  foreign  fisheries,  as  well  as  whale  bone 
produced  in  like  manner  from  the  said  foreign  fisheries,  shall  be 
prohibited  from  importation  into  the  kingdom,  without  permitting  the 
said  prohibition,  nevertheless,  to  extend  either  to  the  said  kinds  of 
oils,  or  to  the  said  whale  oils  and  spemiaceti,  or  the  whale  bone 
produced  from  the  fisheries  of  the  United  States  of  America,  and 
imported  directly  into  France  in  French  vessels,  or  those  belonging 
to  the  subjects  of  the  said  United  States,  which  shall  continue  to  be 
provisionally  admitted,  agreeably  to  the  1st  and  3d  articles  of  the 
arret  of  the  29th  of  December  last ;  on  condition,  however,  that  the 
captains  of  tlie  said  vessels  belonging  to  the  United  States  bring  with 
them  certificates  from  the  Consul  of  France  residing  in  the  ports  of 
the  said  United  States,  or  where  these  cannot  be  obtained,  from  the 
magistrates  of  the  places  where  the  embarkation  of  the  said  oil  shall 
be  made,  for  the  purpose  of  proving  that  the  cargo  of  the  said  vessels 
is  the  produce  of  the  fisheries  carried  on  by  the  citizens  of  the  United 
States ;  which  certificates  shall  be  presented  to  the  officers  of  the 
Admiralty,  also  to  the  Commissioners  of  the  Farms  in  the  ports 
of  France  where  it  shall  be  landed,  to  be  mentioned  in  the  report 
of  their  arrival.  His  JMajesty  commands  and  orders  the  Duke  de 
Penthievre,  Admiral  of  France,  the  Litendants  and  Commissaries 
throughout  the  provinces,  Commissaries  appointed  to  observe  the 
ordinances  of  the  Admiralty,  IMasters  of  Ports,  Judges  of  Treaties, 
and  all  others  whom  it  may  concern  to  assist  in  the  execution  of 
the  present  arret,  which  shall  be  registered  in  the  offices  of  the  said 
Admiralties,  read,  published,  and  posted  wherever  it  may  appear 
necessary. 

Done  in  the  King's  Council  of  State,  his  Majesty  being  present, 
held  at  Versailles  the  7th  of  December,  1788. 

LA  LUZERNE. 

The  Duke  de  Penthievre,  Admiral  of  France,  having  seen  the 
above  arret  of  the  King's  Council  of  State,  and  the  other  parts 
addressed  to  us,  we  command  all  those  over  whom  our  power 
extends  to  execute  it  and  cause  it  to  be  executed,  each  as  hi^^  duty  is, 


270  THOMAS  JEFFERSON— JOHN  JAY. 

agreeably  to  its  fomi  and  tenor.  We  order  the  officers  of  the  Admi- 
ralties to  register  it  in  the  office  of  their  jurisdictions,  to  read,  pubhsh, 
and  post  it  wherever  it  may  be  necessary. 

Done  at  Vernon,  the  20th  of  December,  1788. 

L.  J.  M.  DE  BOURBON. 

And  beneath,  by  his  most  Serene  Highness. 

PERIER. 


FROM   THOMAS    JEFrERSON    TO    JOHN    JAY. 

Paris,  January  21,  1789. 

Sir, 

Having  had  the  honor  of  addressing  you  so  lately  as  the  11th 
and  14th  instant,  I  should  not  so  soon  have  troubled  you  again  but 
that  since  the  departure  of  those  letters  I  have  received  one  from  the 
Count  de  la  Luzerne,  of  which  I  now  send  a  copy,  together  with 
another  copy  of  the  arret  of  December  7th,  lest  the  former  should 
be  longer  getting  to  you.  You  will  perceive  that  the  Ministry  press 
for  our  concurrence,  in  endeavoring  to  prevent  the  English  from 
running  in  their  oils  under  our  cover.  Whatever  regulations  may 
be  thought  of  by  us,  it  will  be  advisable  to  consult  their  INIinister, 
and  their  Consuls  even  if  practicable,  and  to  adopt  with  complaisance 
what  they  may  prefer,  so  far  as  our  policy  will  admit.  The 
Ministry  here  will  judge  of  the  efficacy  of  our  measures  from  the 
representations  of  their  Minister  principally,  and  of  their  Consuls. 

Nothing  new  having  taken  place  since  my  last,  I  have  only  to 
add  assurances  of  the  sentiments  of  esteem  and  respect  with  wliich 
I  have  the  honor  to  be,  &tc., 

TH;  JEFFERSON. 


Maritime  Commerce  and  Fisheries. 

FROM  THE  COUNT  UE  LA  LUZERNE  TO  THOMAS  JEFFERSON. 

Translation. 

Versailles,  Jauunry  18,  1789. 

Sir, 
I  lia\e  tlic  honor  to  send  you  co|)i(!S  of  the  arret  of  the  Council 
delivered  ilic  7ili  December  last,  wliich  excepts  oil  and  whale  bone 
exising  from  the  Gshery  of  subjects  belonging  to  the  United  States 


DIPLOMATIC  CORRESPONDENCE.  271 

from  the  general  prohibitions  mentioned  in  the  arret  of  the  7th*  of 
December  preceding.  This  exception,  which  is  a  consequence  and 
proof  of  his  Majesty's  particular  disposition  in  favor  of  the  commerce 
of  the  United  States,  could  not,  however,  be  granted  but  provisionally, 
because  it  was  impossible  to  lose  sight  of  the  motives  of  justice  which 
claim  an  exclusive  protection  over  the  national  fishery,  which  obliges 
him  to  reserve  for  it  the  entire  supply  of  the  kmgdom,  should  it 
increase  sufficiently  for  that  purpose.  But  you  must  be  well  con- 
vinced that  his  Majesty  will  never  decide  on  the  adoption  of  this 
measure  until  the  necessity  shall  be  clearly  proved,  when  precautions 
will  be- taken  to  secure  the  American  merchants  and  fishermen  from 
every  surprise.  In  the  actual  state  of  affairs,  I  conceive  it  necessary 
to  request  you  to  observe  that  it  equally  interests  the  two  nations  to 
prevent  a  contraband  trade  in  the  importation  of  whale  oil.  The 
privilege  granted  to  the  subjects  of  the  United  States  would  become 
useless  to  them,  as  well  as  injurious  to  the  French  fishery,  if  other 
nations  should  likewise  partake  of  this  privilege  by  fraud,  which  it 
may  be  very  difficult,  perhaps,  entirely  to  prevent.  I  make  no 
doubt  that  sufficient  precautions  will  be  taken  in  this  respect  in 
the  ports  of  the  United  States.  I  shall  give  orders  to  the  Consuls 
residing  there  to  conceit  with  the  heads  of  Administration  to  determine 
the  form  of  the  certificates  required  by  the  arret  of  the  7th  December, 
and  to  adopt  such  measures  as  can  be  effected,  to  assure  the  truth  of 
the  facts  necessary  to  be  attested.  I  request  you,  sir,  to  demand  that 
the  necessary  aid  may  be  granted  to  prevent  any  surprises  from  such 
as  would  endeavor  to  carry  on  a  contraband  trade,  and  attempt  the 
introduction  of  a  foreign  oil  under  the  name  of  American. 

I  have  the  honor  to  be,  k,c.,  LA  LUZERNE. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  February  4,  1789. 
Sir, 

Your  favor  of  November  25th,  by  Gouverneur  Morris,  is  duly 

received.     I  must   beg   you    to    take   the   trouble    of  decyphering 

yourself  what  follows,  and  to  commmunicate  it  to  nobody  but  the 

President,  at  least  for  the  present. 

*  Error  for  28th  September. 


272  THOMAS  JEFFERSON— JOHN  JAY. 

We  had  before  understood,  through  ditferent  clianncls,  that  the 
conduct  of  the  Count  de  Moustier  was  poHtically  and  morally 
offensive.  It  was  delicate  for  me  to  speak  on  the  subject  to  the 
Count  de  Montmorin.  The  invaluable  mediation  of  our  friend,  the 
Marquis  de  la  Fayette,  was,  therefore,  resorted  to,  and  the  subject 
explained,  though  not  pressed.  Later  intelligence,  showing  the 
necessity  of  pressing  it,  it  was  yesterday  resumed,  and  represented 
through  the  same  medium  to  the  Count  de  JMontmorin  that  recent 
information  proved  to  us  that  his  INIinister's  conduct  had  rendered 
him  personally  odious  in  America,  and  might  even  influence  the 
dispositions  of  the  two  nations ;  that  his  recall  was  become  a  matter 
of  mutual  concern ;  that  we  had  understood  he  was  instructed  to 
remind  the  new  Government  of  their  debt  to  this  country,  and  that 
he  was  in  the  purpose  of  doing  it  in  very  harsh  terms ;  that  this  could 
not  increase  their  desire  of  hastening  payment,  and  might  wound 
their  affections ;  that,  therefore,  it  was  much  to  be  desired  that  his 
discretion  should  not  be  trusted  to  as  to  the  form  in  which  the 
demand  should  be  made,  but  that  the  letter  should  be  written  here, 
and  he  instructed  to  add  nothing ;  nor  was  his  private  conduct 
omitted.  The  Count  de  ]\Iontmorin  was  sensibly  impressed.  He 
very  readily  determined  that  the  letter  should  be  formed  here,  but 
said  that  the  recall  was  a  more  difficult  business ;  that  as  they  had 
no  particular  fact  to  allege  against  the  Count  de  ^Moustier,  they  could 
not  recall  him  from  that  Ministry  \\  ithout  giving  him  another,  and 
there  was  no  vacancy  at  present.  However,  he  would  hazard  his 
first  thoughts  on  the  subject,  saving  the  right  of  correcting  them  by 
further  consideration.  They  were  these :  That  there  was  a  loose 
expression  in  one  of  INI.  de  Moustier's  letters,  which  might  be  construed 
into  a  petition  for  leave  of  absence ;  that  he  would  give  him  permis- 
sion to  return  to  France;  that  it  had  been  before  decided,  on  the 
request  of  the  Marquis  do  la  Luzerne,  that  Otto  should  go  with  him 
to  Lf)ndon  ;  that  they  would  send  a  person  to  America  as  Charge 
d'Affiiircs  in  place  of  Otto,  and  that  if  the  President  (General 
Washington)  approved  of  him,  he  should  \n-.  afterwards  made  Min- 
ister. \\c  had  east  his  eye  on  Colonel  Tcrnant,  and  desired  the 
Marquis  U)  consult  me,  whether  he  would  be  agreeable.  At  first  I 
hcritat'-d,  recollecting  to  have  heard  Teniant  r(>|n'esented  in  America 
as  an  i«ypochondriac,  discontented  man,  and  paused  for  a  moment 
between  him  and  Barthelcmy,  at  London,  of  whom  1  have  heard  a 


DIPLOMATIC  CORRESPONDENCE.  273 

great  deal  of  good.  However,  I  concluded  it  safer  to  take  one 
whom  we  knew  and  who  knew  us.  The  ]\Iarquis  was  decidedly  of 
this  opinion.  Ternant  will  see  that  his  predecessor  is  recalled  for 
un conciliatory  deportment,  and  that  he  will  owe  his  own  promotion 
to  the  approbation  of  the  President.  He  established  a  solid  reputa- 
tion in  Europe  by  his  conduct  when  Generalissimo  of  one  of  the 
United  Provinces,  during  their  late  disturbances ;  and  it  is  generally 
thought  that  if  he  had  been  put  at  the  head  of  the  piincipal  province, 
instead  of  the  Rhingrave  de  Salm,  he  would  have  saved  that  cause. 
Upon  the  whole,  I  believe  you  may  expect  that  the  Count  de 
Moustier  will  have  an  immediate  leave  of  absence,  which  will  soon 
after  become  a  recall  in  effect.  I  will  try  also  to  have  the  Consuls 
admonished  as  to  the  line  of  conduct  they  should  observe.  I  shall 
have  the  honor  of  writing  you  a  general  letter  ^^^thin  a  few  days. 
I  have  now  that  of  assuring  you  of  the  sentiments  of  sincere  esteem 
and  respect,  &ic., 

TH:  JEFFERSON. 

Paris,  March  14. — The  operation  mentioned  in  ray  letter  of  Feb- 
ruary 4,  is  going  on.  jNIontmorin  has  proposed  to  Ternant  to  go  as 
Charge  d'Affau'es.  Temant  called  on  me  a  few  days  ago,  to  know 
whether  I  thought  his  appointment  would  be  agreeable  to  us ; 
though  he  is  obliged  to  give  up  his  regiment,  which  is  a  certainty  for 
life,  for  this  mission,  which  is  uncertain  in  its  duration,  he  will  do  it. 
Perhaps  Otto  may  be  left  awhile  longer  to  put  Temant  into  the  train 
of  affairs.  I  suppose  IM.  de  INIoustier  will  have  received  his  leave 
of  absence  before  you  receive  this. 

March  18. — Temant  has  again  seen  JNIontmorin,  who  told  him 
that  in  the  beginning  of  April  he  would  decide  finally  about  his 
mission. 


FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  March  1,  1789. 
Sir, 
My  last  letters  have  been  of  the  11th,  14th,  and  21st  of  January. 
The  present  conveyance  being  through   the   post   to   Havre,  from 
Vol.  H.— 18 


274  THOMAS  JEFFERSON-JOHN  JAY. 

whence  a  vesssel  is  to  sail  for  New  York,  I  avail  myself  of  it,  prin- 
cipally, to  send  you  the  newspapers.  That  of  Leyden  of  the  24th, 
contains  a  note  of  the  Charge  d' Affaires  of  France  at  Warsaw,  which 
is  interestinfr.  It  shows  a  concert  between  France  and  Russia ;  it 
is  a  prognostication  that  Russia  will  interfere  in  the  affairs  of  Poland, 
and  if  she  does,  it  is  more  probable  that  the  King  of  Prussia  must 
be  drawn  into  the  war.  The  revolution  which  has  taken  place  in 
Geneva  is  a  remarkable  and  late  event.  With  the  loss  of  only  two 
or  three  lives,  and  in  the  course  of  one  week,  riots  begun  at  first  on 
account  of  a  rise  in  the  price  of  bread,  were  improved  and  pointed 
to  a  reformation  of  their  constitution,  and  their  ancient  constitution 
l^as  been  almost  completely  reestablished ;  nor  do  I  see  any  reason 
to  doubt  of  the  permanence  of  the  reestablishment.  The  King  of 
England  has  shewn  such  marks  of  returning  reason,  that  the  Regency 
bill  was  postponed  in  the  House  of  Lords  on  the  19th  instant.  It 
seems  now  probable  there  may  be  no  change  of  the  Ministry ; 
perhaps  no  Regent.  We  may  be  sure,  however,  that  the  present 
IMinistry  make  the  most  of  those  favorable  symptoms.  There  has 
been  a  riot  in  Brittany,  begun  on  account  of  the  price  of  bread,  but 
converted  into  a  quarrel  between  the  noblesse  and  tiers  itat.  Some 
few  lives  were  lost  in  it.  All  is  quieted  for  the  present  moment.  In 
Burgundy  and  Franche  Compte,  the  opposition  of  the  nobles  to  the 
views  of  the  Government  is  very  warm.  Everywhere  else,  how- 
ever, the  revolution  is  going  on  quietly  and  steadily,  and  the  public 
mind  ripening  so  fast  that  there  is  great  reason  to  hope  a  good  result 
from  the  States  General.  Their  numbers  (about  1200)  give  room 
to  fear,  indeed,  that  they  may  be  turbulent.  Having  never  heard  of 
Admiral  Paul  Junes  since  the  action  in  which  he  took  a  part  before 
Oczakow,  I  began  to  be  a  little  uneasy ;  but  I  have  now  received  a 
letti.T  from  him,  dated  at  St.  Petcrsburgh,  the  31st  of  January,  where 
he  had  just  arrived,  at  the  desire  of  the  Emj)ress.  He  has  hitherto 
commanded  on  the  Black  sea.  He  does  not  know  whether  he  shall 
be  employed  there  or  where,  the  ensuing  campaign.  I  have  no 
other  interesting  intelligence  wiiich  would  not  lead  me  into  details 
improper  for  tin;  jiresent  mode  of  conveyance.  After  observing, 
therefore,  that  the;  gazettes  of  Franct'  and  Leyden  to  the  present 
date  accompany  this,  1  shall  only  add  assurances  of  the  sincere 
C3teom  and  n'specl  with  which  1  havi;  the  honor  to  be,  he, 

Til:  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  275 

FROM   THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  March  12,  1789. 

Sir, 

I  had  the  honor  of  addressing  you  on  the  1st  instant,  through  the 
post.  I  write  the  present,  uncertain  whether  JMr.  Nesbitt,  the  bearer 
of  your  last,  will  be  the  bearer  of  this,  or  whether  it  may  not  have  to 
wait  some  other  private  occasion.  They  have  reestablished  their 
packet-boats  here,  indeed,  but  they  are  to  go  from  Bordeaux,  which 
being  between  four  and  five  hundred  miles  from  hence,  is  too  far  to 
send  a  courier  with  any  letters  but  on  the  most  extraordinary 
occasions,  and  without  a  courier  they  must  pass  through  the  post 
office.  I  shall  therefore  not  make  use  of  this  mode  of  conveyance, 
but  prefer  sending  my  letters  by  a  private  hand,  by  the  way  of 
London.  The  uncertainty  of  finding  private  conveyances  to  Lon- 
don is  the  principal  objection  to  this. 

On  the  receipt  of  your  letter  advising  me  to  purchase  the  two 
volumes  of  Deane's  letters  and  accounts,  I  wrote  to  the  person  who 
had  them,  and,  after  some  offers  and  refusals,  he  let  me  have 
them  for  25  louis,  instead  of  120  louis  asked  at  first.  He  told  me 
that  Deane  had  still  six  or  eight  volumes  more,  and  that  when  he 
should  return  to  London  he  would  try  to  get  them,  in  order  to  make 
himself  whole  for  the  money  he  had  lent  Deane.  As  I  knew  he 
would  endeavor  to  make  us  pay  dear  for  them,  and  it  appeared  to  be 
your  opinion,  and  that  of  the  members  you  had  consulted,  that  it 
was  an  object  worthy  attention,  I  wrote  immediately  to  a  friend  in 
London,  to  endeavor  to  purchase  them  from  Deane  himself,  whose 
distresses  and  crapulous  habits  will  probably  render  him  more  easy 
to  deal  with.  I  authorized  him  to  go  as  far  as  fifty  guineas  ;  I  have 
as  yet  no  answer  from  him.  I  enclose  you  a  letter  which  I  wrote 
last  month  to  our  bankers  in  Holland.  As  it  will  itself  explain  the 
cause  of  its  being  written,  I  shall  not  repeat  its  substance  here.  In 
answer  to  my  proposition  to  pay  bills  for  the  medals  and  the  redemp- 
tion of  our  captives,  they  quote  a  resolution  of  Congress  (which, 
however,  I  do  not  find  in  the  printed  journal)  appropriating  the  loans 
of  1787  and  1788  to  the  payment  of  interest  of  the  Dutch  loans  till 
1790,  inclusive,  and  the  residue  to  salaries  and  contingencies  in 
Europe,  and  they  agree  that,  according  to  this,  they  are  not  to  pay 
anything  in  Europe  till  they  shall  fii'st  have  enough  to  pay  all  the 
Interest  which  will  become  due  to  the  end  of  the  year  1790;  and 


276  THOMAS  JEFFERSON— JOHN  JAY. 

that  it  is  out  of  personal  repfard  that  they  relax  from  this  so  far  as  to 
pay  diplomatic  salaries.  So  that  here  is  a  clear  declaration,  they 
will  answer  no  other  demands  till  they  have  in  hand  money  enough 
for  all  the  interest  to  the  end  of  the  year  1790.  It  is  but  a  twelv^e- 
month  since  I  have  had  occasion  to  pay  attention  to  the  proceedings 
of  those  gentlemen ;  but,  during  that  time,  I  have  observed,  that  as 
soon  as  a  sum  of  interest  is  becoming  due,  they  are  able  to  borrow 
just  that  and  no  more ;  or  at  least  only  so  much  more  as  may  pay 
our  salaries  and  keep  us  quiet.  Were  they  not  to  borrow  for  the 
interest,  the  failure  to  pay  that  would  sink  the  value  of  the  capital,  of 
wiiich  they  are  considerable  sharers.  So  far,  their  interests  and  ours 
concur.  But  there,  perhaps,  they  may  separate.  I  think  it  possible 
they  may  choose  to  support  our  credit  to  a  certain  point,  and  let  it 
go  no  further,  but  at  their  will,  to  keep  it  so  poised  as  that  it  may  be 
at  their  mercy.  By  this  they  will  be  sure  to  keep  us  in  their  own 
hands.  They  write  word  to  the  Treasury,  that  in  order  to  raise 
money  for  the  February  interest,  they  were  obliged  to  agree  with  the 
subscribers  that  Congress  should  open  no  other  loan  at  Amsterdam 
this  year  till  this  one  be  filled  up,  and  that  this  shall  not  be  filled  but 
by  the  present  subscribers,  and  they  not  obliged  to  fill  it.  This  is 
delivering  us,  bound  hand  and  foot,  to  the  subscribers ;  that  is,  to 
themselves.  Finding  that  they  would  not  raise  money  for  any  other 
purposes,  without  being  pushed,  I  wrote  the  letter  1  enclose  you. 
They  answer,  as  I  have  stated,  by  refusing  to  pay,  alleging  the  appro- 
priation of  Congress.  I  have  written  again,  to  press  them  further, 
and  to  propose  to  them  the  payment  of  tliiity  thousand  florins  only, 
for  the  case  of  our  captives,  as  I  am  in  hopes  this  may  do.  In  the 
close  of  my  letter  to  them,  you  will  observe  I  refer  them,  as  to  the 
article  of  foreign  officers,  to  the  Board  of  Treasury.  1  liad,  in  truth, 
received  the  printed  journals  a  few  days  before,  but  had  not  yet  had 
time  to  read  them  carefully,  and  particularly  had  not  then  noted  the 
vote  of  Congress  of  August  i^Otli,  dirccliiig  me  to  attend  to  that 
article.  1  shall  not  fail  to  (\o  what  1  can  in  il,  but  I  am  afraid  they 
will  considt-r  this  also  as  standing  on  the  same  ground  with  the  other 
contingent  arlicl(>s. 

Tliis  country  being  generally  engaged  in  its  elections,  affords 
nothing  new  and  worthy  of  communicalion.  Tiie  hopes  of  accom- 
nioduiicjus  between  Turkey  and  the  t\\  o  enn)ires  do  not  gain  strength. 
The  war  between  Russia  and  Denmark  on  the  one  haod,  and  Sweden 


DIPLOMATIC  CORRESPONDENCE.  277 

on  the  other,  is  hkely  also  to  go  on,  the  mediation  of  England  being 
rendered  of  little  force  by  the  accident  to  its  executive.  The  prog- 
ress of  this  war,  and  also  of  the  broils  in  Poland,  may  possibly  draw 
the  King  of  Prussia  into  it  during  the  ensuing  campaign ;  and  it  must, 
before  it  be  finished,  take  in  this  country,  and  perhaps  England. 
The  ill  humor  on  account  of  the  Dutch  revolution  continues  to  rankle 
here.  They  have  recalled  their  Ambassador  from  the  Hague,  mani- 
festly to  show  their  dissatisfaction  with  that  Court,  and  some  very 
dry  memorials  have  lately  been  exchanged  on  the  subject  of  the 
money  this  country  assumed  to  pay  the  Emperor  for  the  Dutch.  I 
send  you  very  full  extracts  of  these,  which  will  show  you  the  dispo- 
sitions of  the  two  Courts  towards  each  other.  Whether,  and  when, 
this  country  will  be  able  to  take  an  active  part,  will  depend  on  the 
issue  of  their  States  General.  If  they  fund  their  public  debts  judi- 
ciously, and  will  provide  further  funds  for  a  war  on  the  English  plan, 
I  believe  they  will  be  able  to  borrow  any  sum  they  please.  In  the 
meantime,  the  situation  of  England  will  leave  them  at  leisure  to  settle 
their  internal  affairs  well.  That  INIinistry,  indeed,  pretend  their 
King  is  perfectly  reestablished.  No  doubt  they  will  make  the  most 
of  his  amendment,  which  is  real  to  a  certain  degree.  But,  as  under 
pretence  of  this,  they  have  got  rid  of  the  daily  certificate  of  the  phy- 
sicians, and  they  possessed  of  the  King's  person,  the  public  must 
judge  hereafter  from  such  facts  only  as  they  can  catch.  There  are 
several  at  present,  which,  put  together,  induce  a  presumption  that 
the  King  is  only  better,  not  well.  And  should  he  be  well,  time  will 
be  necessary  to  give  a  confidence  that  it  is  not  merely  a  lucid  inter- 
val. On  the  whole,  I  think  we  may  conclude  that  that  country  will 
not  take  a  part  in  the  war  this  year,  which  was  by  no  means  certain 
before. 

M.  del  Pinto,  formerly  ]\Iinister  of  Portugal  at  London,  and  the 
same  who  negotiated  the  treaty  with  us,  being  now  put  at  the  head 
of  the  Ministry  of  that  country,  I  presume  that  negotiation  may  be 
renewed  successfully,  if  it  be  the  desire  of  our  Government.  Per- 
haps an  admission,  of  our  flour  into  their  ports  may  be  obtained  now, 
as  IM.  del  Pinto  seemed  impressed  with  our  reasoning  on  that  subject, 
and  promised  to  press  it  on  his  Court,  though  he  could  not  then  ven- 
ture to  put  it  into  the  treaty.  There  is  not  the  same  reason  to  hope 
any  relaxation  as  to  our  reception  in  Brazil,  because  he  would 
scarcely  let  us  mention  that  at  all.     I  think  myself,  it  is  their  interest 


278  THOMAS  JEFFERSON-JOHN  JAY. 

to  take  away  all  temptations  to  our  cooperation  in  the  emancipation 
of  their  colonies ;  and  I  know  no  means  of  doing  this  but  the  making 
it  our  interest  that  they  should  continue  dependant,  nor  any  other 
way  of  making  this  our  interest  but  by  allowing  us  a  commerce  with 
them.  However,  this  is  a  mode  of  reasoning  which  their  Ministry, 
probal)ly,  could  not  bear  to  listen  to. 

I  send  herewith  the  gazettes  of  France  and  Leyden,  and  have  the 
honor  to  be,  &:c., 

TH:  JEFFERSON. 


THOMAS    JEFFERSON    TO    MESSRS.    WILLINKS    AND    VAN    STAPHORSTS. 

Paris,  February  22,  1789. 

Gentlemen, 
I  have  just  received  your  joint  letter  of  the  16th  instant  to  me, 
and  have  pei\ised  that  of  the  same  date  to  the  board  of  Treasuiy, 
which  you  were  so  kind  as  to  enclose  for  my  perusal.  I  shall  imme- 
diately forward  it  to  them.  You  therein  state  the  balance  in  your 
hands  to  be  123,074  florins,  to  which  will  be  added  the  nett  produce 
of  one  hundred  and  three  bonds  engaged,  though  not  yet  delivered, 
and  you  say  there  will  then  be  a  deficiency  of  about  100,000  florins 
for  the  June  interest.  From  this  an  implication  arises,  that  you 
consider  this  balance  as  a  deposit  for  the  June  interest,  and  propose 
again  to  postpone  the  article  of  60,000  florins,  appro})nated  in  the 
estimate  we  left  you,  to  a  j)arlicular  purpose  as  of  the  last  year. 
But  I  n)ust  observe  to  you  that  this  article  is  of  a  nature  not  to  admit 
such  postponement.  The  situations  it  is  intentied  to  relieve  are  too 
cruel  U)  be  suffered.  Tiiat  estimate  was  under  the  eyes  of  Congress 
when  they  ajiproved  the  loan  which  was  to  fulfil  its  views.  The 
order  of  appnjpriation  is  as  much  established  by  their  will  as  the 
sums  appropriated ;  and  priority  in  order  gives  priority  of  right. 
Though  that  article  stands  among  those  which  should  have  been 
furnished  in  17H8,  I  said  nothing  when  T  found  you  were  postponing 
it  to  the  interest  of  FeJjmary,  17H9,  but  J  did  not  expect  it  would 
be  again  proposed  to  postpone  it  to  that  of  June ;  and  were  I  to  be 
silent  now,  it  might  afterwards  be  postponed  to  that  of  February,  and 
so  on,  without  eiul.  Besides  my  instructions  from  Congress,  which 
do  nut  leave  nie  at   libf.'rty  to   [)ermit   this  object   to   lose  its   turn, 


DIPLOMATIC  CORRESPONDENCE.  279 

besides  the  pressing  cries  of  humanity,  which  urge  its  right,  another 
reason  is  superadded.  I  have  asked  and  hope  to  receive  leave  to  go 
to  America  in  the  ensuing  spring,  and  shall  not  return  till  the  fall. 
Were  I  to  leave  Europe  without  setting  this  business  into  motion,  it 
would  be  suspended  till  my  return,  which  no  consideration  will 
permit.  As  I  expect,  then,  to  sail  about  the  middle  of  April,  I 
must  draw  on  you  in  the  course  of  the  month  of  March  for  these 
60,000  florins,  and  I  hope  the  same  motives  will  urge  you  to  honor 
the  draft  which  will  oblige  me  to  make  it.  Besides  this,  the  article 
of  the  medal  stands  before  that  of  either  the  February  or  June 
interest ;  and  as  my  departure  would  render  it  necessary  that  these 
also  should  be  finished,  and  their  execution  requires  time,  I  have  been 
obliged  to  enter  into  contracts  with  the  several  workmen,  who  are 
already  well  advanced  in  their  work,  and  will  finish  it  by  the  middle 
of  April.  They  will  soon  become  entitled  to  partial  payments,  so  that 
I  must  immediately  begin  these  drafts  on  you,  and  make  the  whole 
of  them  between  this  and  the  middle  of  April.  With  respect  to  the 
appropriation  for  the  foreign  officers,  I  have  no  orders ;  I  presume 
they  will  be  sent  to  you.  Should  your  two  houses  concur  in  senti- 
ment on  the  subject  of  this  letter,  I  shall  hope  to  receive  your  joint 
answer,  as  usual.  Should  they  differ  in  opinion,  I  must  ask  your 
answers  separately. 

I  have  the  honor  to  be,  &c.,  TH :  JEFFERSON. 


MEMORIAL. 

M.  Lestevenon  de  Berkenrode  (the  Dutch  Ambassador  at  the 
Court  of  Versailles)  delivered,  some  time  ago,  a  memorial  to  the 
Court  of  France,  for  the  purpose  of  reminding  the  King  of  the  four 
and  a  half  millions  which  the  Court,  under  the  administration  of  the 
Count  de  Vergennes,  engaged  to  pay  in  virtue  of  the  treaty  of  peace, 
signed  at  Fontainebleau,  between  the  Court  of  Vienna  and  the 
Plenipotentiary  and  the  States  General,  in  consideration  of  the  sum 
of  eight  millions  of  German  florins,  valued  at  ten  millions  of  Dutch 
florins,  five  and  a  half  of  which  at  the  charge  of  the  States  General, 
and  four  and  a  half  France  undertook  to  furnish  to  procure  peace  for 
the  Republic. 

He  was  answered  by  the  Count  de  Montmorin,  that  this  memorial 
would  be  laid  before  the  King.     The  Council  having  considered  it, 


280  THOMAS  JEFFERSON— JOHN  JAY. 

sent  a  note  thereon  to  the  States  General  by  M.  Caillard,  Charge 
d'AfFaires  from  the  Court  at  the  Hague,  wherein  they  ascend  as  far 
as  the  last  war  between  France  and  England,  which  gave  cause  to 
tlie  alliance  between  His  Majesty  and  the  Republic.  They  mention 
therein  the  two  ships  of  the  line,  that  was  offered  to  the  King,  and 
also  the  war  between  his  Majesty  the  Emperor,  and  the  Republic, 
France,  by  its  good  offices  at  the  Court  of  Vienna,  stifled  in  its  birth, 
by  consolidating  a  peace  between  the  two  States.  It  is  said  therein 
tliat  it  is  true  that  the  King  took  upon  himself  the  payment  of  the 
four  and  a  half  millions  of  florins  in  order  to  procure  it,  but  that  T. 
H.  M.,  not  having  given  the  two  sail  of  the  line,  which  they  offered, 
and  not  having  regarded  the  demand  of  the  Kino;'s  Ambassador,  in 
June  last,  to  stipulate  at  the  end  of  the  treaty  of  alliance  subsisting 
widi  France,  a  clause  to  counterbalance  the  advantages  granted  to 
England  in  the  new  alliance  with  the  Republic  in  contravention  to 
that  with  France ;  that  T.  H.  M.,  in  their  political  changes  having 
proscribed  such  members  of  the  States,  as  had  not  contributed  to 
form  this  alliance,  and  having  hy  this  means  shaken  themselves  the 
basis  of  this  pecuniary  convention,  it  appeared  to  the  King  that  he 
was  disengaged  from  complying  ivith  it,  and  that  he  submitted  this 
consideration  to  the  T.  II.  M^s.  wisdom  and  justice. 

We  understand  that  on  tho  2-2d  January,  T.  H.  M.  answered 
this  note  by  a  long  memorial,  of  which  the  following  is  the 
substance : 

They  therein  express  tlicir  acknowledgments  for  the  signal  services 
which  tho  Court  of  France  has  rendered  them  during  the  war 
between  the  Republic  and  Great  Britain,  (in  which  the  State;  was 
involved  by  causes  which  the  King  cannot  be  ignorant  of,)  T.  H.  M. 
are  penetrated  witii  the  generous  manner  in  which  the  King  has 
restored  the  reconquered  possessions  belonging  to  the  Repui)li(',  in 
the  two  Indies,  tliat  they  wisli  iov  nothing  more  than  to  contribute, 
if  tlic  ras(!  happens,  all  in  their  power  towards  the  prosperity  of  tho 
French  arms,  by  virtue  of  th(;  alhuncc  subsisting  betN'^een  the  two 
States. 

That  the  King  completed  his  kinthiess  by  pnn'enling,  through  his 
powerful  m(!(iiati()ns,  a  war  with  wiiich  the  Emperor  menaced  the 
Rej)ublic,  and  Ijy  procuring  a  peace  by  sacrificing  four  and  a  half 
millions,  the  four  first  instalments  of  which  tho  King  has  already 
paid. 


DIPLOMATIC  CORRESPONDENCE.  281 

That  T.  H.  M.,  full  of  confidence  in  the  words  of  the  Kmg,  had 
expected  the  same  payment  of  the  other  periods  with  the  like 
promptitude,  and  that  they  had  attributed  the  delay  of  the  payment 
of  the  two  last  periods  only  to  the  circumstances  of  the  Finances, 
without  renouncing  them. 

That  it  is  true  that  one  province  of  the  Union  made  the  proposi- 
tion to  the  States  General  of  offering  to  the  King  two  ships  of  the 
line,  but  that  the  resolution  was  not  taken. 

That  as  to  the  alliances  which  T.  H.  M.  have  contracted,  they 
conceive  that  an  independent  State  is  at  liberty  to  form  such  political 
alliances  as  the  safety  of  the  country  requires,  without  being  obliged 
to  be  answerable  to  any  one  whatever  for  its  motives. 

That  T.  H.  M.  have  remarked  with  as  much  pain  as  surprise,  that 
the  King's  Minister  has  made  use  of  the  expression,  "  that  T.  H.  M. 
'  had  themselves  shaJcen  the  basis  of  the  convention,  and  that  they  had 
'proscribed  from  the  Government  the  persons  who  had  chiefly 
'contributed  to  form  the  alliance  with  France.^' 

That  T.  H.  M.  disavow  this  imputation,  which  can  only  be  the 
work  of  such  as  envy  the  prosperity  and  happiness  of  the  Republic, 
and  have  endeavored  to  abuse  the  King  in  every  thing  that  relates 
to  the  affairs  of  the  Republic. 

That  T.  H.  M.  flatter  themselves  that  the  King,  being  better 
informed  of  the  state  of  things,  will  render  justice  to  the  uprightness 
of  T.  H.  M.'s  intentions,  which  they  will  not  cease  to  convince  his 
]Majesty  of. 

The  remainder  of  the  memorial  respects  the  troubles  that  have  so 
cruelly  harassed  the  Republic ;  troubles  that,  like  an  epidemical 
disorder,  have  overrun  all  Europe. 

T.  H.  M.  say  that  a  cabal,  accustomed  to  bend  every  thing  to  their 
yoke,  tyrannized  over  a  part  of  the  nation,  which  had  since  so  clearly 
expressed  its  sentiments,  that  it  had  carried  its  audacity  so  far  as  to 
insult  and  offer  violence  to  the  Princess  of  Orange,  whose  virtues  are 
admired  by  Europe,  and  who  ought  to  be  an  object  of  veneration  to 
all  who  profess  principles  of  honor  and  justice. 

That  his  Majesty  the  King  of  Prussia,  enraged  at  the  insult  offered 
his  blood,  in  the  person  of  his  august  sister,  had  demanded  exemplary 
satisfaction,  which  had  been  refused  him  by  the  cabal,  notwithstanding 
tlie  representations  of  his  Majesty ;  that  the  King  of  Prussia  having 
armed  his  troops,  entered  in  a  very  few  days  into   the   heart   of 


282  THOMAS  JEFFERSON— JOHN  JAY. 

Holland,  without  availing  himself  of  his  advantages,  and  effected  a 
revolution  that  will  form  an  epoch  in  the  annals  of  history ;  a  revolu- 
tion the  more  marvellous,  as  in  reestablishing  the  lawful  Constitution, 
it  tended  to  aggrandize  no  one  person  in  the  Republic. 

There  T.  H.  M.  conclude  with  painting  the  cabal  in  the  blackest 
colors.  They  charge  it  with  having  dared  to  employ  the  King's 
military  officers  in  their  culpable  designs,  (as  T.  H.  M.have  shewn,) 
as  if  the  King  had  intended  to  have  overturned  the  laws  of  the 
Republic. 

T.  H.  M.  repeat  with  pleasure  the  King's  reiterated  assurances 
that  he  would  not  intermeddle  in  an  armed  manner  in  the  affairs  of 
the  Republic. 

In  the  last  place,  T.  H.  M.  declare  that  they  cannot  relinquish 
the  King's  sacred  word  for  the  payment,  which  constitutes  the 
principal  object  of  the  memorial,  and  which,  if  present  circumstances 
prevent  the  discharge,  T.  H.  M.  expect  that  a  more  favorable 
chan<ie  will  admit  of  it. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  March  15,  1789 

Sir, 

Since  closing  my  letters  which  accompany  this,  I  have  received 
an  answer  from  London  on  the  subject  of  the  other  volumes  of 
Deane's  letters  and  accounts  suggested  to  be  still  in  his  possession. 
This  information  renders  it  certain  that  none  such  are  in  his 
possession,  and  probably  that  no  others  exist  but  the  two  which  I 
have  purchased.  I  am  in  hopes,  therefore,  we  may  conclude  that 
the  recovery  of  these  two  volumes  finishes  that  business. 

Mr.  Nesbit  having  concluded  to  stay  yet  awhile  longer,  my  present 
despatches  will  go  to  London  by  a  private  conveyance  which  occurs 
to-morrow  morning,  from  which  place  Mr.  Trumbull  will,  as  usual, 
find  a  safe  occasion  of  forwarding  them. 

I  have  the  honor  to  be,  &:c.,  TH  :  JEFFERSON. 

P.  S.  March  \f6th. — Before  the  departure  of  my  letters,  the 
incident  became  known  which  has  taken  place  in  Sweden,  and  is 
minutely  detailed  in  the  gazette  of  Loydcn  of  the  13lh  instant.     It 


DIPLOMATIC  CORRESPONDENCE.  283 

proves  that  their  King  is  bold,  if  not  judicious.  Attacked  in  the 
north  by  Russia,  in  the  south  by  Denmark,  his  army  at  home 
disgusted,  he  has  ventured,  at  one  stroke,  to  place  his  whole  body 
of  nobles  in  hostile  opposition,  with  all  their  dependencies  in  money 
and  men.  To  those  who  do  not  know  him,  it  will  excite  a  pre- 
sumption that  he  is  assured  the  King  of  Prussia  will  go  all  lengths 
with  him ;  but  to  those  who  know  his  character,  it  is  only  a  proof 
the  more  that  he  is  very  foolhardy. 


FROM    THOMAS    JEFFERSON    TO   WILLIAM    CARMICHAEL. 

Paris,  May  8,  1789. 

Dear  Sir, 
Your  favor  of  January  the  28th  to  INIarch  the  27th,  is  duly 
received,  and  I  thank  you  for  the  interesting  papers  it  contained. 
The  answer  of  Don  Ulloa,  however,  on  the  subject  of  the  canal 
through  the  American  Isthmus,  was  not  among  them,  though  men- 
tioned to  be  so.  If  you  have  omitted  it  through  accident,  I  shall 
thank  you  for  it  on  some  future  occasion,  as  I  wish  much  to 
understand  that  subject  thoroughly.  Our  American  information 
comes  down  to  the  16th  of  IMarch.  There  had  not  yet  been 
members  enough  assembled  of  the  new  Congress  to  open  the  tickets. 
They  expected  to  do  it  in  a  day  or  two.  In  the  meantime,  it  was 
said  from  all  the  States  that  their  vote'  had  been  unanimous  for 
General  Washington,  and  a  good  majority  in  favor  of  Mr.  Adams, 
who  is  certainly,  therefore.  Vice  President.  The  new  Government 
would  be  supported  by  very  cordial  and  very  general  dispositions  in 
its  favor  from  the  people.  I  have  not  yet  seen  a  list  of  the  new 
Congress.  This  delay  in  the  meeting  of  the  new  Government  has 
delayed  the  determination  on  my  petition  for  leave  of  absence. 
However,  I  expect  to  receive  it  every  day,  and  am  in  readiness  to 
sail  the  instant  I  receive  it,  so  that  this  is  probably  the  last  letter  1 
shall  write  you  hence  till  my  return.  While  there  I  shall  avail 
Government  of  the  useful  information  I  have  received  from  you,  and 
shall  not  fail  to  profit  of  any  good  occasion  which  may  occur  to 
shew  the  difference  between  your  real  situation  and  what  it  ought  to 
be.  I  consider  Paris  and  Madrid  as  the  two  only  points  at  which 
Europe  and  America  should  touch  closely,  and  that  a  connexion  at 
these  points  should  be  fostered. 


284  THOMAS  JEFFERSON— JOHN  JAY. 

We  have  had  in  this  city  a  very  considerable  riot,  in  which  about 
one  liundred  people  have  been  probably  killed.  It  was  the  most 
unprovoked,  and  is,  therefore,  justly  the  most  unpitied  catastrophe  of 
that  kind  I  ever  knew.  Nor  did  the  wretches  know  what  they  wanted, 
except  to  do  mischief.  It  seems  to  have  had  no  particular  connexion 
with  the  great  national  question  now  in  agitation. 

The  want  of  bread  is  very  seriously  dreaded  through  the  whole 
kingdom.  Between  twenty  and  thirty  ship-loads  of  wheat  and  flour 
have  already  arrived  from  the  United  States,  and  there  will  be  about 
the  same  quantity  of  rice  sent  from  Charleston  to  this  country 
directly,  of  which  about  half  has  arrived.  I  presume  that  between 
wheat  and  rice  one  hundred  ship-loads  may  be  counted  on  in  the 
whole  from  us.  Paris  consumes  about  a  ship-load  a  day,  (say  two 
hundred  and  fifty  tons.)  The  total  supply  of  the  West  Lidies  for 
this  year  rests  with  us,  and  there  is  almost  a  famine  in  Canada  and 
Nova  Scotia. 

The  States  General  was  opened  the  day  before  yesterday. 
Viewing  it  as  an  opera,  it  was  imposing ;  as  a  scene  of  business,  the 
King's  speech  was  exactly  what  it  should  have  been,  and  very  well 
delivered.  Not  a  word  of  the  Chancellor's  was  heard  by  anybody, 
so  that  as  yet  I  have  never  heard  a  single  guess  at  what  it  was  about. 
Mr.  Necker's  was  as  good  as  such  a  number  of  details  would  permit 
it  to  be.  The  picture  of  their  resources  was  consoling,  and  generally 
plausible.  I  could  have  wished  him  to  have  dwelt  more  on  those 
great  constitutional  reformations  whicli  his  "  Happort  au  roV^  had 
prepared  us  to  expect.  IJut  they  observe  that  these  })oints  were  proper 
for  the  speech  of  the  Cliancellor.  We  are  in  hopes,  therefore,  that 
they  wcri>  in  that  speech,  which,  lik(!  tin;  revelations  of  St.  John, 
were  no  revelations  at  all.  The  Noblesse,  on  coming  together,  shew 
tlial  they  arc  not  as  much  reformed  in  their  principles  as  wo  had 
hoped  they  would  be.  In  fact,  there  is  real  danger  of  their  totally 
refusing  to  vote  by  persons.  Some  found  hopes  on  the  lower  clergy, 
who  constitute  four-fifths  of  the  deputies  of  that  order.  If  they  do 
not  turn  their  balance  in  favor  of  the  tiers  dot,  there  is  real  danger 
of  a  scission;  but  I  siiall  not  consider  cvrn  that  event  as  rendering 
things  desperate.  Jf  the  King  will  do  htisiness  with  the  tiers  ctat, 
which  constitutes  the  nation,  it  may  be  well  done  without  priests  or 
nobles. 

From  the  best  information  I  ean  obtain,  the  King  of  England's 
madness  has  terminated  in  an  imbecility,  which  may  very  jirobably 


i 


DIPLOMATIC  CORRESPONDENCE.  285 

be  of  long  continuance.  He  is  going  with  his  Queen  to  Germany. 
England  chained  to  rest,  the  other  parts  of  Europe  may  recover  or 
retain  tranquillity. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris.  May  9,  1789. 

Sir, 

Since  my  letter  of  March  1st,  by  way  of  HavTe,  and  those  of 
March  12th  and  15th  by  the  way  of  London,  no  opportunity  of 
writing  has  occurred  till  the  present  to  London. 

There  are  no  symptoms  of  accommodation  between  the  Turks 
and  two  Empires,  nor  between  Russia  and  Sweden.  The  Emperor 
was,  on  the  16th  of  the  last  month,  expected  to  die  certainly;  he 
was,  however,  a  little  better  when  the  last  news  came  away,  so  that 
hopes  were  entertained  of  him ;  but  it  is  agreed  that  he  cannot  get 
tlie  better  of  his  disease  ultimately,  so  that  his  life  is  not  at  all 
counted  on.  The  Danes  profess  as  yet  to  do  no  more  against 
Sweden  than  furnish  their  stipulated  aid.  The  agitation  of  Poland 
is  still  violent,  though  somewhat  moderated  by  the  late  change  in 
the  demeanor  of  the  King  of  Prussia.  He  is  much  less  thrasonic 
than  he  was.  This  is  imputed  to  the  turn  which  the  English 
politics  may  be  rationally  expected  to  take.  It  is  very  difficult  to 
get  at  the  true  state  of  the  British  King ;  but  from  the  best  informa- 
tion we  can  get,  his  madness  has  gone  oJEF;  but  he  is  left  in  a  state 
of  imbecility  and  melancholy.  They  are  going  to  carry  him  to 
Hanover,  to  see  whether  such  a  journey  may  relieve  him.  The 
Queen  accompanies  him.  If  England  should,  by  this  accident,  be 
reduced  to  inactivity,  the  southern  countries  of  Europe  may  escape 
tlie  present  war.  Upon  the  whole,  the  prospect  for  the  present  year, 
if  no  unforeseen  accident  happens,  is  certain  peace  for  the  Powers 
not  already  engaged,  a  probability  that  Denmark  will  not  become  a 
principal,  and  a  mere  possibility  that  Sweden  and  Russia  may  be 
•accommodated.  The  interior  disputes  of  Sweden  are  so  exactly 
detailed  in  the  Leyden  Gazette,  that  I  have  nothing  to  add  on  that 
subject. 


286  THOMAS  JEFFERSON— JOHN  JAY. 

The  revolution  of  this  countr}^  has  advanced  thus  far  without 
encountering  anything  which  deserves  to  be  called  a  difliculty. 
There  have  been  mobs  in  a  few  instances,  in  three  or  four  different 
places,  in  which  there  may  have  been  a  dozen  or  twenty  lives  lost. 
The  exact  truth  is  not  to  be  got  at.  A  few  days  ago  a  much  more 
serious  riot  took  place  in  this  city,  in  which  it  became  necessary  for 
the  troops  to  engage  in  regular  action  with  the  mob,  and  probably 
about  one  hundred  of  the  latter  were  killed — accounts  vary  from 
twenty  to  two  hundred.  They  were  the  most  abandoned  banditti 
of  Paris,  and  never  was  a  riot  more  unprovoked  or  unpitied.  They 
began  under  a  pretence  that  a  paper  manufacturer  proposed  in  an 
assembly  to  reduce  their  wages  to  fifteen  sous  a  day.  They  rifled 
his  house,  destroyed  everything  in  his  magazines  and  shops,  and 
were  only  stopped  in  the  career  of  mischief  by  the  cai'uage  above- 
mentioned. 

Neither  this  nor  any  other  of  the  riots  has  had  a  professed  con- 
nexion with  the  great  national  reformation  going  on ;  they  are  such 
as  have  happened  every  year  since  I  have  been  here,  and  as  will 
continue  to  be  produced  by  common  incidents.  The  States  General 
were  opened  on  the  4th  instant  by  a  speech  from  the  Throne,  one 
by  the  Garde  Jcs  S'ceaux,  and  one  from  INt.  Necker.  I  hope  they 
will  be  printed  in  time  to  send  you  herewith ;  lest  they  should  not, 
I  will  observe  that  that  of  M.  Necker  stated  the  real  and  ordinary 
deficit  to  be  56,000,000,  and  that  he  shewed  that  this  could  be  made 
up  without  a  new  tax,  by  economies  and  bonifications,  which  he 
specified.  Several  articles  of  the  latter  are  liable  to  the  objection 
that  they  an;  proposed  on  branches  of  the  revenue  of  which  the 
nation  has  demanded  a  suppression.  He  tripped  too  slightly  over 
the  great  articles  of  constitutional  reformation,  these  being  not  as 
clearly  enounced  in  this  discourse  as  they  were  in  his  ^^  Rapport  au 
roi,^^  which  1  sent  you  some  time  ago.  On  the  whole,  his  discourse 
has  not  satisfied  the  patriotic  party.  It  is  now  for  the  first  time  that 
lliis  revolution  is  likely  to  receive  a  serious  check,  and  begins  to 
wear  a  fearful  appearance.  The  progress  of  light  and  liberty  in 
the  order  of  the  IVoblessc  has  equalled  expectation  in  Paris  only, 
and  its  vicinities.  The  great  mass  of  deputies  of  that  order  which 
come  from  the  r;ounlry  shew  that  the  habits  of  tyranny  over  the 
pcopU;  an^  deeply  rooted  in  them.  Th'-y  will  consi-nt,  indeed,  to 
w]ual  taxation,  but  five-sixths  of  that  chamber  are  thought  to  be 


I 


DIPLOMATIC  CORRESPONDENCE.  287 

decidedly  for  voting  by  orders ;  so  that,  had  this  great  preliminary 
question  rested  on  this  body,  which  fonned  heretofore  the  sole  hope, 
tliat  hope  would  have  been  completely  disappointed.  Some  aid, 
however,  comes  in  a  quarter  from  whence  none  was  expected.  It 
was  im^agined  the  ecclesiastical  elections  would  have  been  generally 
in  favor  of  the  higher  clergy;  on  the  contrary,  the  lower  clergy  have 
obtained  five-sixths  of  these  deputations.  These  are  the  sons  of 
peasants,  who  have  done  all  the  dredgeiy  of  the  service  for  ten, 
twenty,  and  thirty  guineas  a  year,  and  whose  oppressions  and 
penury,  contrasted  with  the  pride  and  luxury  of  the  higher  clergy, 
have  rendered  them  perfectly  disposed  to  humble  the  latter.  They 
have  done  it,  in  many  instances,  with  a  boldness  they  were  thought 
unsusceptible  of.  Great  hopes  have  been  formed  that  these  would 
concur  with  the  tiers  etat,  in  voting  by  persons.  In  fact,  about 
half  of  them  seem  as  yet  so  disposed ;  but  the  bishops  are  intriguing, 
and  drawing  them  over  with  the  address,  which  has  ever  marked 
ecclesiastical  intrigue.  The  deputies  of  the  tiers  etat  seem,  almost 
to  a  man,  inflexibly  determined  against  the  vote  by  orders.  This  is 
the  state  of  parties,  as  well  as  can  be  judged  from  conversation  only, 
durmg  the  fortnight  they  have  been  now  together.  But  as  no 
business  has  been  yet  begun,  no  votes  as  yet  taken,  this  calculation 
cannot  be  considered  as  sure.  A  middle  proposition  is  talked  of,  to 
form  the  two  privileged  orders  into  one  chamber.  It  is  thought 
more  possible  to  bring  them  into  it  than  the  tiers  etat.  Another 
proposition  is  to  distinguish  questions,  referring  those  of  certain 
descriptions  to  a  vote  by  persons,  others  to  a  vote  by  orders.  This 
seems  to  admit  of  endless  altercation,  and  in  the  tiers  etat  they 
manifest  no  respect  for  that,  or  any  other  modification  whatever. 
Were  this  single  question  accommodated,  I  am  of  opinion  there 
would  not  occur  the  least  difficulty  in  the  great  and  essential  points 
of  constitutional  reformation.  But  on  this  preliminar)^  question  the 
parties  are  so  irreconcilable  that  it  is  impossible  to  foresee  what  issue 
it  will  have.  The  tiers  etat,  as  constituting  the  nation,  may  propose 
to  do  the  busmess  of  the  nation,  either  with  or  without  the  minorities 
in  the  houses  of  the  clergy  and  nobles,  which  side  with  them.  In 
that  case,  if  the  King  should  agree  to  it,  the  majorities  in  those  two 
houses  would  secede,  and  might  resist  the  tax  gatherers.  This  would 
bring  on  a  civil  war.  On  the  other  hand,  the  privileged  o^de^3, 
offering  to  submit  to  equal  taxation,  may  propose  to  the  Kmg  tr. 


283  THOMAS  JEFFERSON— JOHN  JAY. 

continue  the  Government  in  its  former  train,  reserving  to  himself  the 
power  of  taxation.  Here  the  tax  gatherers  might  be  resisted  by  the 
people.  In  fine,  it  is  but  too  possible  that  between  parties  so 
animated  the  King  may  incline  the  balance  as  he  pleases.  Happy, 
that  he  is  an  honest,  unambitious  man,  who  desires  neither  money 
nor  power  for  himself;  and  that  his  most  operative  Minister,  though 
he  has  appeared  to  trim  a  little,  is  still,  in  the  main,  a  friend  to 
public  liberty. 

I  mentioned  to  you,  in  a  former  letter,  the  construction  which  our 
bankers  at  Amsterdam  had  put  on  the  resolution  of  Congress  appro- 
priating the  last  Dutch  loan,  by  which  the  money  for  our  captives 
would  not  be  furnished  till  the  end  of  the  year  1790.  Orders  from 
the  Board  of  Treasur)"-  have  now  settled  this  question.  The  interest 
of  the  next  month  is  to  be  first  paid,  and  after  that  the  money  for 
the  captives  and  foreign  officers,  is  to  be  furnished  before  any  other 
payment  of  interest ;  this  ensures  it  when  the  next  February  interest 
becomes  payable.  IMy  representations  to  them,  on  account  of  the 
contracts  I  had  entered  into  for  making  the  medals,  have  produced 
from  them  the  money  for  that  object,  which  is  to  be  lodged  in  the 
hands  of  M.  Grand. 

i\Ir.  Ncckcr,  in  his  discourse,  proposes,  among  his  bonifications  of 
revenue,  tlie  suppression  of  our  two  free  ports,  Bayonne  and  L'Orient, 
which,  he  says,  occasion  a  loss  of  six  hundred  thousand  livres 
annually,  to  the  Crown,  by  contraband.  (The  speech  being  not  yet 
printed,  I  state  this  only  as  it  struck  my  ear  when  he  delivered  it. 
If  I  have  mistaken  it,  I  beg  you  to  receive  this  as  my  apology,  and 
to  consider  what  follows  as  written  on  that  idea  only.)  I  have  never 
been  able  to  see  that  tlicse  free  ports  were  worth  one  copper  to  us. 
To  Bayonne  our  trade  never  went,  and  it  is  leaving  L'Orient. 
Besides,  the  right  of  entrepot  is  a  perfect  substitute  for  the  right  of 
free  port.  Tiie  latter  is  a  little  less  troublesome  only  to  the  mer- 
chants and  captains.  I  should  think,  thercfonN  tiiat  a  thing  so 
useless  to  us,  and  iJicjudicial  to  them,  miiilit  be  relin(]uished  by  us, 
on  the  common  principles  of  frii-ndship.  I  know  the  merchants  of 
these  ports  will  make  a  clamor,  because  the  franchise  covers  their 
contraband  with  all  the  world.  Has  Monsieur  de  Mouslier  said  any 
thing  to  you  on  this  subject  ?  It  has  never  been  mentioned  to  mc. 
If  not  mentioned  in  (iitlu-r  way,  it  is  rather  an  indecfMit  proceeding, 
considering  that  this  right  of  free  port  is  founded  in  treaty.     I  shall 


DIPLOMATIC  CORRESPONDENCE.  099 

ask  of  M.  de  Montmorin,  on  the  first  occasion,  whether  he  has 
communicated  this  to  you  through  his  Minister ;  and  if  he  has  not,  I 
will  endeavor  to  notice  the  infraction  to  him  in  such  a  manner  as 
neither  to  reclaim  nor  abandon  the  right  of  free  port,  but  leave  our 
Government  free  to  do  either. 

The  gazettes  of  France  and  Leyden,  as  usual,  will  accompany 
this.  I  am  in  hourly  expectation  of  receiving  from  you  my  leave  of 
absence,  and  keep  my  affairs  so  arranged  that  I  can  leave  Paris 
within  eight  days  after  receiving  the  permission. 

I  have  the  honor  to  be,  &ic.,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  May  12,  1789. 

Sir, 
I  am  this  moment  returned  from  Versailles,  and  it  is  the  last 
moment  allowed  me  to  write  by  this  occasion.  The  tiers  etat 
remain  unshaken  in  their  resolution  to  do  no  business  with  the  other 
orders  but  voting  by  persons.  The  Nobles  are  equally  determined, 
and  by  a  majority  of  four-fifths  or  five-sixths,  to  vote  only  by  orders. 
Committees  of  accommodation,  indeed,  are  appointed,  but  with 
little  prospect  of  effect.  Already  the  minority  of  the  Nobles  begin 
to  talk  of  abandoning  their  body,  and  going  to  take  their  places 
among  the  Tiers.  Perhaps  they  may  be  followed  by  the  timid  part 
of  their  order ;  and  it  might  be  hoped  by  a  majority  of  the  Clergy, 
which  still  remain  undebauched  by  the  Bishops.  This  would  form 
a  States  General  of  the  whole  Tiers,  a  majority  of  the  Clergy,  and 
a  fraction  of  the  Nobles.  This  may  be  considered,  then,  as  one  of 
the  possible  issues  this  matter  may  take,  should  reconciliation  be 
impracticable.  I  am  able  to  speak  now  more  surely  of  the  situation 
of  the  Emperor.  His  complaint  is  pulmonary — the  spitting  of  blood 
is  from  the  lungs ;  the  hemorrhage  which  came  on  was  critical,  and 
relieved  him  for  the  moment,  but  the  relief  was  momentary  only. 
There  is  little  expectation  he  can  last  long.  The  King  of  England's 
voyage  to  Hanover  is  spoken  of  more  doubtfully.  This  would  be 
an  indication  that  his  complaint  is  better,  or,  at  least,  not  worse. 
I  find,  on  receiving  Mr.  Necker's  discourse  in  print,  that  he  has 
not  proposed,  in  direct  terms,  to  put  down  our  free  ports.  The 
Vol.  n.— 19 


290  THOMAS  JEFFERSON— JOHN  JAY. 

expression  is  "on  se  borne  en  ce  moment  a  vans  (aire  observer,''^  S^c. 
I  spoke  on  the  subject  with  M.  de  Montmorin  to-day,  and  he  says 
they  meant  and  mean  to  confer  with  me  on  it  before  my  departure. 
1  spoke  to  liim  also  to  bring  Schweighauser's  and  Dobree's  affair  to 
a  conclusion,  and  to  M.  Rayneval  on  the  same  subject.  They  told 
me  they  had  just  received  a  letter  from  the  Count  de  la  Luzerne, 
justifying  the  detention  of  our  stores;  that  they  w^ere  so  much  dissat- 
isfied with  the  principles  he  advanced,  that  they  should  take  upon 
themselves  to  combat  and  protest  against  them,  and  to  insist  on  a 
clear  establishment  of  the  rule  that  the  property  of  one  sovereign 
within  the  dominions  of  another  is  not  liable  to  the  territorial  juris- 
diction. They  have  accordingly  charged  one  of  their  ablest  counsel 
with  the  preparation  of  a  memoir  to  establish  this  point. 

I  have  the  honor  to  be,  &:c.,  TH :  JEFFERSOx\. 

P.  S.  iNlr.  Necker's  discourse  accompanies  this. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  June  17,  1789. 

Sir, 

1  had  the  honor  of  addressing  you  on  the  9th  and  12th  of  May, 
by  the  way  of  London.  This  goes  through  the  same  channel,  to 
tlie  care  of  Mr.  TRunbull.  Having  received  no  letter  from  you  of 
later  date  than  the  25th  of  November,  I  am  apprehensive  that  there 
may  have  been  miscarriages,  and  the  more  so,  as  I  learn  through 
another  channel,  that  you  have  particularly  answered  mine  of 
November  the  19th. 

The  death  of  the  Grand  Seignor,  wliicii  has  happened,  renders 
the  continuance  of  the  war  more  probable,  as  it  has  brought  to  the 
throne  a  successor  of  a  more  active  and  ardent  temper,  and  who 
means  to  put  himself  at  the  liead  of  his  armies.  He  has  declared 
the  Captain  l*arha  his  (icncralissimo.  'J'hc  prospects  for  Russia, 
on  tiie  other  hand,  are  less  encouraging.  Ilir  ])rincipal  ally,  the 
Lm|)eror,  is  at  death's  door,  blazing  up  a  lillle,  indeed,  from  time  to 
time,  like  an  expiring  taper,  but  certainly  to  extinguish  soon.  Den- 
jnark,  t(xi,  is  likely  to  be  restrained  by  the  threat  of  England  and 
Prussia  from  contributing  even  her  stipulated  uuval  succors.     It  is 


DIPLOMATIC  CORRESPONDENCE.  291 

some  time  since  I  have  been  able  to  obtain  any  account  of  the  King 
of  England,  on  which  I  can  rely  with  confidence.  His  melan- 
choly continues,  and  to  such  a  degree  as  to  render  him  absolutely 
indifferent  to  every  thing  that  passes,  so  that  he  seems  willing  to  let 
his  Ministers  do  every  thing  they  please,  provided  they  will  let  him 
alone.  When  forced  to  speak,  his  comprehension  seems  better  than 
it  was  in  the  first  moments  after  his  phrenzy  went  off.  His  health 
is  bad ;  he  does  not  go  into  public  at  all,  and  very  few  are  admitted 
to  see  him.  This  is  his  present  state,  according  to  the  best  accounts 
I  have  been  able  to  get  lately.  His  Ministers  dictate  boldly  in  the 
north,  because  they  know  it  is  impossible  they  should  be  engaged  in 
war,  while  this  country  is  so  completely  palsied. 

You  will  have  seen,  by  my  former  letters,  that  the  question  whether 
the  States  General  should  vote  by  persons  or  by  orders,  had  stopped 
their  proceedings  in  the  very  first  instance  in  wdiich  it  could  occur; 
that  is,  as  to  the  ratification  of  their  powers ;  and  that  they  had 
appointed  committees  to  try  if  there  were  any  means  of  accommoda- 
tion. These  could  do  nothing.  The  King  then  proposed  they 
should  appoint  others,  to  meet  persons  whom  he  should  name  on  the 
same  subject.  These  conferences  also  proved  ineffectual.  He  then 
proposed  a  specific  mode  of  verifying.  The  clergy  accepted  it 
unconditionally.  The  Noblesse,  with  such  conditions  and  modifica- 
tions as  did  away  their  acceptance  altogether.  The  commons, 
considering  this  as  a  refusal,  came  to  the  resolution  of  the  10th 
instant,  (which  I  have  the  honor  to  send  you,)  inviting  the  two 
other  orders  to  come  and  take  their  places  in  the  common  room,  and 
notifying  that  they  should  proceed  to  the  verification  of  powers,  and 
to  the  affairs  of  the  nation,  either  with  or  without  them. 

The  Clergy  have,  as  yet,  given  no  answer.  A  few  of  their  mem- 
bers have  accepted  the  invitation  of  the  Commons,  and  have  pre- 
sented themselves  in  their  room  to  have'  their  powers  verified ;  but 
how  many  it  will  detach,  in  the  whole,  from  that  body,  cannot  be 
known  till  an  answer  be  decided  on.  The  Noblesse  adhered  to  their 
former  resolutions,  and  even  the  minority,  well  disposed  to  the  Com- 
mons, thought  they  could  do  more  good  in  their  own  chamber,  by 
endeavoring  to  increase  their  numbers,  and  fettering  the  measures  of 
the  majority,  than  by  joining  the  Commons.  An  intrigue  was  set 
on  foot  between  the  leaders  of  the  majority  in  that  house,  the  Queen, 
and  Princes.     They  persuaded  the  King  to  go  for  some  time  to 


292  THOMAS  JEFFERSOX-JOHX  JAY. 

Marly.  He  went.  On  the  same  day  the  leaders  moved  in  the 
Chambers  of  the  Noblesse  that  they  should  address  the  King,  to 
declare  his  own  sentiments  on  the  great  questions  between  the 
orders.  It  was  intended  that  this  address  should  be  delivered  to  him 
at  INIarly,  where,  separated  from  his  Ministers,  and  surrounded  by 
the  Queen  and  Princes,  he  might  be  surprised  into  a  declaration  for 
the  nobles.  The  motion  was  lost,  however,  by  a  very  great  majority, 
that  Chamber  being  not  yet  quite  ripe  for  throwing  themselves  into 
the  arms  of  despotism.  Necker  and  Montmorin,  who  had  discovered 
this  intrigue,  had  warned  some  of  the  minority  to  defeat  it,  or  they 
could  not  answer  for  what  would  happen.  These  two,  and  St. 
Priest,  are  the  only  members  of  the  Council  in  favor  of  the  Com- 
mons. Luzerne,  Puy-Segur,  and  the  others,  are  high  aristocrats. 
The  Commons  having  verified  their  powers,  a  motion  was  made  the 
day  before  yesterday  to  declare  themselves  constituted  and  to  proceed 
to  business.  I  left  them  at  two  o'clock  yesterday,  the  debate  not 
then  finished.  They  differed  only  about  forms  of  expression,  but 
agreed  in  the  substance,  and  probably  decided  yesterday,  or  will 
decide  to-day.  The  next  move,  I  fancy,  \\\\\  be  to  suppress  all 
taxes,  and  instantly  reestablish  them  till  the  end  of  their  session,  in 
order  to  prevent  a  premature  dissolution  ;  and  then  Uiey  will  go  to 
work  on  a  declaration  of  rights  and  a  constitution.  The  Noblesse,  I 
suppose,  will  be  employed  altogether  in  counter  operations  ;  the 
Clergy,  that  is  to  say,  the  higher  clergy,  and  such  of  the  cures  as 
they  can  bring  over  to  their  side,  will  be  waiting  and  watching 
merely  to  keep  themselves  in  their  saddles.  Their  deportment 
hitherto  is  that  of  meekness  and  cunning.  The  fate  of  the  nation 
d(;pends  on  the  conduct  of  the  King  and  his  Ministers.  Were  they 
to  side  o])enly  with  the  Commons,  the;  revolution  would  be  com- 
pletfd  N\ith()Ut  a  convulsion  by  the  eslablishnient  of  a  constitution 
l(jt;illy  flee,  and  in  wliicli  the  dislinclion  of  Noble  and  Conunoner 
vould  !)(;  suppressed.  IJul  tl)is  is  scarcely  possi!)le.  The  King  is 
honest,  and  wishes  the  go(jd  of  his  people  ;  but  the  exjX'diency  of  an 
hereditary  aristocracy  is  too  difficult  a  (juesiion  for  him.  On  the 
contrary,  his  prejudices,  his  habits,  and  his  connexions  decide  him 
in  Ins  heart  to  suj)|)ort  it.  Should  they  d(!cidc  openly  for  the 
Noblesse,  tho  Connnons,  after  suppres>^ing  taxes,  and  finishing  their 
(loclaralion  of  rights,  would  probably  <:<)  home;  a  bankiiijitcy  lakes 
place  in  the  instant,  IMr,   INecker  must   go  out,  a  resistance  lo  the 


DIPLOMATIC  CORRESPONDENCE.  293 

tax  gatherers  follows,  and  probably  a  civil  war.  The  consequences 
are  too  evident  and  violent  to  render  this  issue  likely.  Though  the 
Queen  and  Princes  are  infatuated  enough  to  hazard  it,  the  party  in 
the  Ministry  would  not.  Something,  therefore,  hke  what  I  hinted 
in  my  letter  of  May  12th  is  still  the  most  likely  to  take  place. 
While  the  Commons,  either  with  or  without  their  friends  of  the  other 
two  houses,  shall  be  employed  in  framing  a  constitution,  perhaps  the 
Government  may  set  the  other  two  houses  to  work  on  the  same  subject, 
and  when  the  tbree  schemes  shall  be  ready,  joint  committees  may  be 
negotiated  to  compare  them  together,  to  see  in  what  parts  they  agree  ; 
and  probably  they  will  agree  in  all,  except  the  organization  of  the 
future  States  General.  As  to  this,  it  may  be  endeavored,  by  the  aid 
of  wheedling  and  intimidation,  to  induce  the  two  privileged  chambers 
to  melt  themselves  into  one,  and  the  Commons,  instead  of  one,  to 
agree  to  two  houses  of  legislation.  I  see  no  other  middle  ground  to 
which  they  can  be  brought. 

It  is  a  tremendous  cloud,  indeed,  which  hovers  over  this  nation, 
and  he  at  the  helm  has  neither  the  courage  nor  the  skill  necessary  to 
weather  it.  Eloquence  in  a  high  degree,  knowledge  in  matters  of 
account  and  order,  are  distinguished  traits  in  his  character.  Ambi- 
tion is  his  first  passion,  virtue  his  second.  He  has  not  discovered 
that  sublime  truth,  that  a  bold,  unequivocal  virtue,  is  the  best  hand- 
maid even  to  ambition,  and  would  carry  him  further  in  the  end  than 
the  temporizing,  wavering  policy  he  pursues.  His  judgment  is  not 
of  the  first  order,  scarcely  even  of  the  second  ;  his  resolution  frail,  and, 
upon  the  whole,  it  is  rare  to  meet  an  instance  of  a  person  so  much 
below  the  reputation  he  has  obtained.  As  this  character,  by  the 
post  and  times  in  which  Providence  has  placed  it,  is  important  to  be 
known,  I  send  it  to  you  as  drawn  by  a  person  of  my  acquaintance, 
who  knows  him  well.  He  is  not,  indeed,  his  friend,  and  allowance 
must,  therefore  be  made  for  the  high  coloring.  But  this  being 
abated,  the  facts  and  groundwork  of  the  drawing  are  just.  If  the 
Tiers  separate,  he  goes  at  the  same  time ;  if  they  stay  together,  and 
succeed  in  estabhshing  a  constitution  to  their  minds,  as  soon  as  that 
is  placed  in  safety  they  will  abandon  him  to  the  mercy  of  the  Court, 
unless  he  can  recover  the  confidence  which  he  has  lost  at  present, 
and  which,  indeed,  seems  to  be  irrecoverable. 

The  inhabitants  of  St.  Domingo,  without  the  permission  of  the 
Government,  have  chosen  and  sent  deputies  to  the  States  General. 


294  THOMAS  JEFFERSON— JOHN  JAY. 

The  question  of  their  admission  is  to  be  discussed  by  the  States.  In 
the  mean  time,  the  Government  had  promised  them  an  assembly  in 
their  own  Island  in  the  course  of  the  present  year.  The  death  of 
the  Dauphin,  so  long  expected,  has  at  length  happened.  INIontmorin 
told  Ternant  the  other  day  that  de  Mousticr  had  now  asked  a  conge, 
which  would  be  sent  him  immediately ;  so  that,  unless  a  change  of 
Ministry  should  happen,  he  will  probably  be  otherwise  disposed  of. 
The  gazettes  of  France  and  Leyden  accompany  this. 

I  have  the  honor  to  be,  &c.,  TH:  JE^ERSON. 

P.  S.  June  I8th. — The  motion  under  debate  with  the  Commons 
for  constituting  their  assembly  passed  yesterday  by  a  majority  of  four 
hundred  and  odd  against  eighty  odd.  The  latter  were  for  it  in  sub- 
stance, but  wished  some  particular  amendment.  They  proceeded 
instantly  to  the  subject  of  taxation.  A  member  who  called  on  me 
this  moment  gave  me  a  state  of  the  proceedings  of  yesterday  from 
memory,  which  I  enclose  you.  He  left  the  house  a  little  before  the 
question  was  put,  because  he  saw  there  was  no  doubt  of  its  passing ; 
and  his  brother,  who  remained  till  the  decision,  informed  him  of  it. 
So  that  we  may  expect,  perhaps,  in  the  course  of  to-morrow,  to  sec 
whether  the  Government  will  interpose  with  a  bold  hand,  or  will 
begin  a  negotiation.  But,  in  the  mean  time,  this  letter  must  go  off. 
I  will  find  some  other  opportunity,  however,  of  informing  you  of  the 
issue.  T.  J. 


Character  of  M.  Neclcer,  accomjpani/ing  the  preceding  Letter. 

INaturc  bestowed  on  TNI.  Necker  an  ardent  passion  for  glory, 
without,  at  the  same  time,  granting  him  those  qualities  required 
for  its  pursuit  by  direct  means.  The  union  of  a  fruitful  imagination 
with  a  limited  talent,  with  which  she  has  endowed  him,  is  always 
incompatible  with  those  faculties  of  the  mind  wiru-li  qualify  their 
possessor  to  penetrate,  to  comi)ine,  and  to  conq)rehend  all  tho 
relations  of  objects. 

lie  had  probably  learned  in  (icneva,  his  native  country,  tho 
influf-nce  which  ri(  lirs  exercise  on  the  success  of  ambition,  without 
having  recourse  to  llie  school  of  l*;iris,  when;  he  arrived  ;ih()ut  the 
lueiily-eiglith  ycur  of  iiis  age.  A  personal  all'air  witii  his  brother,  in 
wiiich  the  chiefs  of  the  Kepublic  conductctd  tliemselv(;s  unjustly 
towards  him,  the  circumstances  of  \yhich,  moreover,  exposed  him  to 


DIPLOMATIC  CORRESPONDENCE.  295 

ridicule,  determined  him  to  forsake  his  country.  On  taking  his 
leave,  he  assured  his  mother  that  he  would  make  a  great  fortune  in 
Paris.  On  his  arrival  he  engaged  himself  as  clerk  at  a  salary  of  six 
hundred  livres,  with  the  banker  Thelusson,  a  man  of  extreme 
harshness  in  his  intercourse  with  his  dependants.  The  same  cause 
which  obliged  other  clerks  to  abandon  the  service  of  Thelusson, 
determined  Necker  to  continue  in  it.  By  submitting  to  the  brutality 
of  his  master  with  a  servile  resignation,  whilst  at  the  same  time  he 
devoted  the  most  unremitting  attention  to  his  business,  he  recom- 
mended himself  to  his  confidence,  and  was  taken  into  partnership. 
Ordinary  abilities  only  were  requisite  to  avail  him  of  the  multitude 
of  favorable  circumstances,  which,  before  he  entered  into  the 
Administration,  built  up  a  fortune  of  six  million  of  livres.  He  owed 
much  of  his  good  fortune  to  his  connexions  with  the  Abbe  Terrai,  of 
whose  ignorance  he  did  not  scruple  to  profit.  His  riches,  his 
profession,  his  table,  and  a  virtuous,  reasonable,  and  well  informed 
wife,  procured  him  the  acquaintance  of  many  persons  of  distinction, 
among  whom  were  many  men  of  letters,  who  celebrated  his 
knowledge  and  wisdom. 

The  wise  and  just  principles  by  which  Turgot  aimed  to  correct 
the  abuses  of  the  Administration,  not  having  been  received  with 
favor,  he  seized  the  occasion  to  flatter  ignorance  and  malignity  by 
publishing  his  work  against  the  freedom  of  the  com  trade. 

He  had  published,  two  years  before,  an  eulogy  on  Colbert.  Both 
these  productions  exhibited  the  limited  capacity  of  a  banker,  and  in 
in  no  deo;ree  the  enlarged  views  of  a  statesman.  Not  at  all  delicate 
the  choice  of  his  means,  he  succeeded  to  his  wish  in  his  object, 
which  was  the  establishing  himself  in  public  opinion.  Elevated  by 
a  secret  cabal,  to  the  direction  of  the  finances,  he  began  by  refusing 
the  salaries  of  his  office.  He  atlected  a  spirit  of  economy  and 
austerity,  which  imposed  even  on  foreign  nations,  and  shewed  the 
possibility  of  making  war  without  laying  new  taxes.  Such,  at  least, 
was  his  boast ;  but,  in  reality,  they  have  been  increased  under  his 
administration  about  twenty  millions,  partly  by  a  secret  augmentation 
of  the  bailies  and  of  the  poll-tax,  partly  by  some  verifications  of  the 
twentieths,  and  partly  by  the  natural  progression,  which  is  tested  by  the 
amount  of  taxes  on  consumption,  the  necessary  result  of  the  successive 
increase  of  population,  of  riches,  and  of  expensive  tastes. 


296  THOMAS  JEFFERSOX— JOHN  JAY. 

All  these  circumstances  reared  for  hini  an  astonishing  reputation, 
which  his  fall  has  consecrated.  People  will  not  reflect,  that  in  the 
short  period  of  his  ministry  he  had  more  than  doubled  his  fortune. 
Not  that  he  peculated  on  the  public  Treasury,  his  good  sense  and 
pride  forbade  a  resort  to  this  measure  of  weak  minds,  but  by  resorting 
to  loans  and  the  costly  operations  of  the  bank  to  provide  the  funds 
of  war,  and  being  still  connected  with  the  house  to  which  he 
addressed  himself  for  much  the  greater  part  of  his  negotiations. 
They  have  not  remarked  that  his  great  principles  of  economy  have 
nothing  more  than  a  false  show,  and  that  the  loans  resorted  to,  in 
order  to  avoid  the  imposition  of  taxes,  have  been  the  source  of  the 
mischief  which  has  reduced  the  finances  to  their  present  alarming 
condition. 

As  to  his  compte  rendu,  he  has  been  forgiven  the  nauseous 
panegyric  which  he  has  passed  upon  himself,  and  the  affectation  of 
mtroducing  his  wife  into  it  for  the  purpose  of  praising  her;  and  we 
are  spared  the  trouble  of  examining  his  false  calculations.  M.  de 
Calonne  has  undertaken  this  investin;ation.  Without  being  able  t» 
vindicate  himself,  he  has  already  begun  to  unmask  his  antagonist, 
and  he  promises  to  do  it  effectually. 

iVeccssity  has  recalled  this  man  to  the  Ministrj',  and  it  must  be 
confessed  that  he  is,  beyond  comparison,  a  less  mischievous  Minister 
than  his  predecessors.  I  would  compare  him  to  a  steward,  who,  by 
his  management,  does  not  entirely  ruin  his  master,  but  who  enriches 
himself  at  his  expense.  The  desire  of  glory  should  inspire  him  as 
much  as  possible  with  the  energy  requisite  for  the  public  business. 
There  is  cver^'  likelihood  that  his  ministry  will  not  endure  long 
enough  to  cause  it  to  feel  the  effects  of  his  false  principles  of  admm- 
islration ;  and  it  is  he  alone  who  is  able,  if  any  one  can,  to  preserve 
order  in  the  finances  until  the  reform  is  effected,  which  we  hope 
from  the  assembling  of  the  States  General.  In  the  meantime,  the 
public  estimation  of  iiis  talents  and  virtue  is  not  so  high  as  it  has 
been.  There  are  persons  who  pretend  that  he  is  more  firmly 
established  in  public  opinion  than  he  ever  was.  They  deceive 
themselves.  Th*'  ambitious  desire  Ik;  has  always  manifiisted  of 
getting  again  into  the  Administration,  his  work  on  the  inijmrtance  of 
religious  opinions,  and  the  memoircs  of  M.  de  Culonne,  have  greatly 
impaired  his  reputation. 


DIPLOMATIC  CORRESPONDENCE.  297 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  June  24,  1789. 

Sir, 
My  letter  of  17th  and  18th  instant,  gave  you  the  progress  of  the 
States  General  to  the  17th,  when  the  Tiers  had  declared  the  illegality 
of  all  the  existing  taxes,  and  their  discontinuance  from  the  end  of 
their  present  session.  The  next  day  being  a  jour  de  fete,  could 
furnish  no  indication  of  the  impression  that  vote  was  likely  to  make 
on  the  Government.  On  the  19th  a  council  was  held  at  Marlv,  in 
the  afternoon.  It  was  there  proposed  that  the  King  should  interpose 
by  a  declaration  of  his  sentiments  in  a  seance  royale.  The  declara- 
tion prepared  by  M.  Necker,  while  it  censured  in  general  the 
proceedings  both  of  the  Nobles  and  Commons,  announced  the  King's 
views  such  as  substantially  to  coincide  with  the  Commons.  It  was 
agreed  to  in  Council,  as  also  that  the  seance  royale  should  be  held 
on  the  22d,  and  the  meeting  till  then  be  suspended.  While  the 
Council  was  engaged  in  this  deliberation  at  ^Nlarly,  the  Chamber  of 
the  Clergy  was  in  debate  whether  they  should  accept  the  invitation 
of  the  Tiers  to  unite  with  them  in  the  common  chamber.  On  the 
first  question,  to  unite  simply  and  unconditionally,  it  was  decided  in 
the  negative  by  a  very  small  majority.  As  it  was  known,  however, 
that  some  members  who  had  voted  in  the  negative  would  be  for  the 
affirmative  with  some  modifications,  the  question  was  put  with  these 
modtfications,  and  it  was  determined  by  a  majority  of  eleven  mem- 
bers that  their  body  should  join  the  Tiers.  These  proceedings  of  the 
Clergy  were  unknown  to  the  Council  at  Marly,  and  those  of  the 
Council  were  kept  secret  from  everybody.  The  next  morning  (the 
20th)  the  members  repaired  to  the  house  as  usual,  found  the  doors 
shut  and  guarded,  and  a  proclamation  posted  for  holding  a  seance 
royale  on  the  22d,  and  a  suspension  of  their  meetings  till  then.  They 
presumed  in  the  first  moment  that  their  dissolution  was  decided,  and 
repaired  to  another  place,  where  they  proceeded  to  business.  They 
there  bound  themselves  to  each  other  by  an  oath  never  to  separate 
of  their  own  accord  till  they  had  settled  a  constitution  for  the  nation 
on  a  solid  basis,  and,  if  separated  by  force,  that  they  would  reassemble 
in  some  other  place.  It  was  intimated  to  them,  however,  that  day, 
privately,  that  the  proceedings  of  the  seance  royale  would  be  favor- 
able to  them.     The  next  day  they  met  in  a  church,  and  were  joined 


298  THOMAS  JEFFERSON— JOHN  JAY. 

by  a  majority  of  the  clergy.  The  lieads  of  the  aristocracy,  viz  :  the 
Queen,  Count  d'Artois,  and  Prince  de  Conde,  saw  that  all  was  lost 
without  some  violent  exertion.  The  King  was  still  at  Marly.  No- 
body was  permitted  to  approach  him  but  their  friends.  He  was 
assailed  by  lies  in  all  shapes.  He  was  made  to  believe  that  the 
Commons  were  going  to  absolve  the  army  from  their  oath  of  fidelity 
to  him,  and  then  to  raise  its  pay.  The  Queen  abandoned  herself  to 
rage  and  despair.  They  procured  a  committee  to  be  held,  consist- 
ing of  the  King  and  his  Ministers,  to  which  Monsieur and 

the  Count  d'Artois  should  be  admitted.  At  this  committee  the 
latter  attacked  jMr.  Nccker  personally,  arraigned  his  plan,  and  pro- 
posed one  which  some  of  his  engines  had  put  into  his  hands,  for  his 
own  talents  go  no  further  than  a  little  poor  wit.  Mr.  Necker,  whose 
characteristic  is  the  want  of  firmness,  was  browbeaten  and  intimidated, 
and  the  King  shaken.  He  determined  that  the  two  plans  should  be 
deliberated  on  the  next  day,  and  the  seance  roijale  put  olf  a  day 
longer.  This  encouraged  a  fiercer  attack  on  Mr.  Necker  the  next  day ; 
his  plans  were  totally  dislocated,  and  that  of  the  Count  d'Artois 
inserted  into  it.  Himself  and  M.  de  Montmorin  offered  their  resig- 
nation, which  was  refused,  the  Count  d'Artois  saying  to  INIr.  IVecker, 
'•  No,  sir;  you  must  be  kept  as  an  hostage;  we  hold  you  responsible 
for  all  the  ill  which  shall  happen."  This  change  of  plan  was 
immediately  whispered  without  doors.  The  nobility  were  in  triumph, 
tlie  people  in  constcM'nation.  When  the  King  passed  the  next  day 
through  the  lane  they  formed  from  the  chateau  to  the  Jlotcf  dcs 
ctats,  (about  half  a  mile.)  there  was  a  dead  silenc{\  He  was  about 
an  hour  in  the  house  dehvering  his  speech  and  declaration,  copies  of 
which  I  enclose  you.  On  his  coming  out.  a  feeljle  cry  of  "  vive.  le 
roy'^  was  raised  by  some  cliildn  ii.  but  the  people  remained  sullen 
and  sih'ut.  When  the  Duke  d'Orleans  followed,  however,  their 
applauses  were  excessive.  This  must  have  been  sensible  to  the 
King.  H(^  bad  ordered  in  the  close  of  his  spcecii  that  the  members 
should  follow  him,  and  resume  their  deliberations  the  next  day.  The 
Noblesse  followed  him,  and  so  did  the  Clergy,  except  about  thirty, 
who,  with  the  Tiers,  remained  in  the  room,  and  entered  into  deliber- 
ation. They  j)rotested  against  wli;it  the  King  had  done,  adhered  to 
all  their  former  proceedings,  and  resolved  the  inviolability  of  their 
own  persons.  An  oHicer  came  twice  to  order  them  out  of  the  room, 
in  the  King's  name;  but  they  refused  to  obey.     Jn   tiie  afternoon, 


DIPLOMATIC  CORRESPONDE^XE.  299 

the  people,  uneasy,  began  to  assemble  in  great  numbers  In  the  courts 
and  vicinities  of  the  palace.  The  Queen  was  alarmed  and  sent  for 
M.  Necker.  He  was  conducted  amidst  the  shouts  and  acclamations 
of  the  multitude,  who  filled  all  the  apartments  of  the  palace.  He 
was  a  few  minutes  only  with  the  Queen,  and  about  three  quarters  of 
an  hour  with  the  King.  Not  a  word  has  transpired  of  what  passed 
at  these  interviews.  The  King  was  just  going  out  to  ride.  He 
passed  through  the  crowd  to  his  carriage,  and  into  it,  without  being 
in  the  least  noticed.  As  M.  Necker  followed  him,  universal  accla- 
mations were  raised  of  vive  Monsieur  NecTcer,  vive  le  sauveur  de  la 
France  opprimcc.  He  was  conducted  back  to  his  house  with  the 
same  demonstrations  of  affection  and  anxiety  ;  about  two  hundred 
deputies  of  the  Tiers,  catching  the  enthusiasm  of  the  moment,  went 
to  his  house,  and  extorted  from  him  a  promise  that  he  would  not 
resign.  These  circumstances  must  wound  the  heart  of  the  King, 
desirous  as  he  is  to  possess  the  affection  of  his  subjects.  As  soon  as 
the  proceedings  at  Versailles  were  known  at  Paris,  a  run  began  on 
tlie  caisse  d'escompte,  which  is  the  first  symptom  always  of  the  public 
diffidence  and  alarm.  It  is  the  less  in  condition  to  meet  the  run,  as 
M.  Necker  has  been  forced  to  make  free  with  its  funds  for  the  daily 
support  of  the  Government.  This  is  the  state  of  things  as  late  as  I 
am  able  to  give  them  with  certainty,  at  this  moment.  My  letter  not 
having  to  go  off  till  to-morrow  evening,  I  shall  go  to  Versailles 
to-morrow,  and  be  able  to  add  the  transactions  of  this  day  and 
to-morrow. 

June  25. — Just  returned  from  Versailles.  I  am  enabled  to 
continue  my  narration.  On  the  24th  nothing  remarkable  passed, 
except  an  attack  by  the  mob  of  Versailles  on  the  Archbishop  of 
Paris,  who  had  been  one  of  the  instigators  of  the  Court  to  the 
proceedings  of  the  seance  royale.  Tiiey  threw  mud  and  stones  at 
his  carriage,  broke  the  windows  of  it,  and  he  in  a  fright  promised  to 
join  the  Tiers. 

This  day  (the  25th)  forty-eight  of  the  Nobles  have  joined  the 
Tiers.  Among  these  is  the  Duke  d'Orleans.  The  Marquis  de  la 
Fayette  could  not  be  of  the  number,  being  restrained  by  his  instruc- 
tions. He  is  writing  to  his  constituents  to  change  his  instmctions 
or  to  accept  his  resignation.  There  arc  with  the  Tiers  now  one 
hundred  and  sixty-four  members  of  the  Clergy,  so  that  the  common 


300  THOMAS  JEFFERSON— JOHN  JAY. 

chamber  consists  of  upwards  of  eight  hundred  members.  The 
minority  of  the  Clergy,  however,  call  themselves  the  Chamber  of  the 
Clergy,  and  pretend  to  go  on  with  business.  I  found  the  streets  of 
Versailles  much  embarrassed  with  soldiers.  There  was  a  body  of 
about  one  hundred  horse  drawn  up  in  front  of  the  hotel  of  the  States, 
and  all  the  avenues  and  doors  guarded  by  soldiers.  INobody  was 
permitted  to  enter  but  the  members,  and  this  was  by  order  of  the 
King ;  for  till  now  the  doors  of  the  common  room  have  been  open, 
and  at  least  two  thousand  spectators  attending  their  debates  con- 
stantly. They  have  named  a  deputation  to  wait  on  the  King, 
and  desire  a  removal  of  the  soldiers  from  their  doors,  and  seem 
determined,  if  this  was  not  complied  with,  to  remove  themselves 
elsewhere. 

Listead  of  being  dismayed  with  what  had  passed,  they  seem  to 
rise  in  their  demands,  and  some  of  them  to  consider  the  erasing 
every  vestige  of  a  difference  of  order,  as  indispensable  to  the  estab- 
lishment and  pr<!servation  of  a  good  Constitution.  I  apprehend 
there  is  more  courage  than  calculation  in  this  project.  I  did  imagine 
that,  seeing  that  ^I.  xNecker  and  themselves  were  involved  as  com- 
mon enemies  in  the  hatred  of  the  aristocrats,  they  would  have  been 
willing  to  make  common  cause  with  him, and  to  wish  his  continuance 
in  ofhce ;  and  that  M.  iVecker,  seeing  that  all  the  trimming  he  has 
used  towards  the  Court  and  Nobles  has  availed  him  nothing,  would 
engage  himself  heartily  and  solely  on  the  popular  side,  and  view  his 
own  salvation  in  that  alone.  The  confidence  which  the  people 
place  in  him  seems  to  merit  some  attention.  However,  the  mass  of 
the  common  chamber  are  absolutely  indinercnt  U)  his  remaining  in 
office.  They  consider  his  head  as  uiuujual  to  the  |ilanning  a  good 
Constitution,  and  his  forliludc  to  a  cooperation  in  the  elfecting  it. 
His  dismission  is  more  credited  to-day  than  it  was  yesterday.  If  it 
takes  j)lace  he  will  retain  his  popularity  with  the  nation,  as  the 
members  of  the  States  will  not  think  it  important  to  set  themselves 
against  it;  but,  on  the  contrary,  will  be  willing  that  he  should 
continue;  on  their  side  on  his  retirement.  Thc!  run  on  the  caisse 
(Vtscomptc  continues.  The  members  of  the  States  admit  that  M. 
Necker's  departure  out  of  office  will  occasion  a  stopjjage  of  public 
payments.  Hut  iliey  expect  to  pnveiit  any  very  ill  effect  by- 
assuring  the  ])ui)lif  against  any  loss,  and  by  taking  immediatij 
measures  for  coniinuing   payment.     They   may,   perhaps,   connect 


DIPLOMATIC  CORRESPONDENCE.  301 

these  measures  with  their  own  existence,  so  as  to  interest  the  pubhc 
in  whatever  catastrophe  may  be  aimed  at  them.  The  gazettes  of 
France  and  Leyden  accompany  this.  During  the  continuance  of 
tliis  crisis,  and  my  own  stay,  I  shall  avail  myself  of  every  private 
conveyance  to  keep  you  informed  of  what  passes. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  June  29,  1789. 
Sir, 

My  letter  of  28th  gave  you  the  transactions  of  the  States  General 
to  the  afternoon  of  that  day.  On  the  next,  the  Archbishop  of  Paris 
joined  the  Tiers,  as  did  some  others  of  the  Clergy  and  Noblesse.  On 
the  27th,  the  question  of  the  St.  Domingo  deputation  came  on,  and 
it  was  decided  that  it  should  be  received.  I  have  before  mentioned 
to  you  the  ferment  into  which  the  proceedings  at  the  seance  royale 
of  the  23d,  had  thrown  the  people.  The  soldiery  also  were  affected 
by  it.  It  began  in  the  French  guards,  extended  to  those  of  every 
other  denomination,  (except  the  Swiss,)  and  even  to  the  body  guards 
of  the  King.  They  began  to  quit  their  barracks,  to  assemble  in 
squads,  to  declare  they  would  defend  the  life  of  the  King,  but  would 
not  cut  the  throats  of  their  fellow-citizens.  They  were  treated  and 
caressed  by  the  people,  carried  in  triumph  through  the  streets,  called 
themselves  the  soldiers  of  the  nation,  and  left  no  doubt  on  which 
side  they  would  be  in  case  of  a  rupture.  Similar  accounts  came  in 
from  the  troops  in  other  parts  of  the  kingdom,  as  well  those  which 
had  not  heard  of  the  seance  royale  as  those  which  had,  and  gave 
good  reason  to  apprehend  that  the  soldiery  in  general  would  side 
with  then-  fathers  and  brothers,  rather  than  with  their  officers.  The 
operation  of  this  medicine  at  Versailles  was  as  sudden  as  it  was 
powerful.  The  alarm  there  was  so  complete,  that  in  the  afternoon 
of  the  27th  the  King  wrote  a  letter  to  the  President  of  the  Clergy, 
the  Cardinal  de  la  Rochefoucault,  in  these  words  :* 

"My  cousin,  wholly  engaged  in  promoting  the  general  good  of 
'  my  kingdom,  and  desirous,  above  all  things,  that  the  assembly  of 
'the  States  General  should  apply  themselves  to  objects  of  general 
'  interest,  after  the  voluntary  acceptance  by  your  order  of  my  declara- 

*A  translation  is  here  given. 


30-2  THOMAS  JEFFERSON— JOHN  JAY. 

*  tion  of  the  23d  of  the  present  "month ;  I  pass  my  word  that  my 

*  faithful  clergy  will,  without  delay,  unite  themselves  with  the  other 
'two  orders  to  hasten  the  accomplishment  of  my  paternal  views. 
'Those  whose  powers  are  too  limited,  may  decline  voting  until  new 
'powers  are  procured.  This  will  be  a  new  mark  of  attachment 
'which  my  clergy  will  give  me.  I  pray  God,  my  cousin,  to  have 
<you  in  His  holy  keeping.  LOUIS." 

A  like  letter  was  written  to  the  Duke  de  Luxemburgh,  President 
of  the  Noblesse.  The  two  Chambers  entered  into  a  debate  on  the 
question  whether  they  should  obey  the  letter  of  the  King.  There 
was  a  considerable  opposition,  when  notes,  written  by  the  Count 
d'Artois  to  sundry  members,  and  handed  about  amongst  the  rest, 
decided  the  matter,  and  they  went  in  a  body  and  took  their  seats 
with  the  Tiers,  and  thus  rendered  the  union  of  the  orders  in  one 
Chamber  complete.  As  soon  as  this  was  known  to  the  people  of 
Versailles,  they  assembled  about  the  palace,  demanded  the  King 
and  Queen,  who  came  and  shewed  themselves  in  the  balcony. 
They  rent  the  skies  with  cries  of  "  vive  Ic  roi,^^  •'  vive  la  reine.^' 
They  called  for  the  Dauphin,  who  was  also  produced,  and  was  the 
subject  of  new  acclamations.  After  feasting  themselves  and  the 
royal  family  with  this  tumultuary  reconciliation,  they  went  to  the 
bouses  of  M.  Necker  and  M.  dc  Montmorin,  with  shouts  of  thankful- 
ness and  aliection.  Similar  emotions  of  joy  took  place  in  Paris,  and 
at  this  moment  the  triumph  of  the  Tiers  is  considered  as  complete. 
To-morrow  they  will  recommence  business,  voting  by  persons  on  all 
questions ;  and  whatever  difliculties  may  be  opposed  in  debate  by 
the  malcontents  of  the  Clergy  and  Nobility,  every  thing  must  be 
fmally  settled  at  the  will  of  the  Tiers.  It  remains  to  see  whether  they 
will  leave  to  the  Nobility  any  tbing  but  their  titular)'  appellations. 
I  sup[)ose  they  will  not.  M.  Neckcr  will  probably  remain  in  oflice. 
It  would  seem  natural  that  he  should  endeavor  to  have  the  hostile 
part  of  the  council  removed  ;  but  I  (jucstion  if  he  finds  himself  firm 
enough  for  llmt.  A  perfect  coopcralicju  will)  the  Tiers  will  be  his 
wisest  game.  This  great  crisis  being  now  over,  1  shall  not  have 
matter  interesting  enough  to  trouble;  you  wit!)  as  often  as  I  have 
done  lately.  There  has  notiiing  remarkable  taken  ])lacc  in  any 
other  part  of  Europe. 

1  have  the  honor  to  be,  &ic.,  Til:   JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  303 

FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  July  19,  1789. 

Dear  Sir, 

I  am  become  very  uneasy  lest  you  should  have  adopted  some 
channel  for  the  conveyance  of  your  letters  to  me,  which  is  unfaithful. 
1  have  none  from  you  of  later  date  than  November  the  25th,  1788, 
and  of  consequence  no  acknowledgment  of  the  r^eceipt  of  any  of 
mine  since  that  of  August  the  11th,  1788.  Since  that  period  I  have 
written  to  you  of  the  following  dates:  1788,  August  the  20th; 
September  the  3d,  5th,  24th;  November  the  14th,  19th,  29th; 
1789,  January  the  11th,  14th,  21st;  February  the  4th;  March  the 
1st,  12th,  14th,  15th;  May  the  9th,  11th,  12th;  June  the  17th, 
24th,  29th.  I  know,  through  another  person,  that  you  have 
received  mine  of  November  the  29th,  and  that  you  have  written  an 
answer ;  but  I  have  never  received  the  answer,  and  it  is  this  which 
suggests  to  me  the  fear  of  some  general  source  of  miscarriage. 

The  capture  of  three  French  merchant  ships  by  the  Algerines, 
under  diiferent  pretexts,  has  produced  great  sensation  in  the  sea- 
ports of  this  country,  and  some  in  its  Government.  They  have 
ordered  some  frigates  to  be  armed  at  Toulon  to  punish  them.  There 
is  a  possibility  that  this  circumstance,  if  not  too  soon  set  to  rights  by 
the  Algerines,  may  furnish  occasion  to  the  States  General,  when 
they  shall  have  leisure  to  attend  to  matters  of  this  kind,  to  disavow 
any  future  tributaiy  treaty  with  them.  These  pirates  respect  still 
less  their  treaty  with  Spain,  and  treat  the  Spaniards  with  an 
insolence  greater  than  was  usual  before  the  treaty. 

The  scarcity  of  bread  begins  to  lessen  in  the  southern  parts  of 
France,  where  the  harvest  has  commenced.  Here  it  is  still  threat- 
ening, because  we  have  yet  two  or  three  weeks  to  the  beginning  of 
harvest,  and  I  think  there  has  not  been  three  days'  provision 
beforehand  in  Paris  for  two  or  three  weeks  past.  Monsieur  de 
Mirabeau,  who  is  very  hostile  to  M.  Necker,  wished  to  find  a  ground 
for  censuring  him  in  a  proposition  to  have  a  great  quantity  of  flour 
furnished  fi'om  the  United  States,  ^^-hich  he  supposed  me  to  have 
made  to  !M.  Necker,  and  to  have  been  refused  by  him ;  and  he 
asked  time  of  the  States  General  to  furnish  proofs.  The  3Iarquis  de 
la  Fayette  immediately  gave  me  notice  of  this  matter,  and  1  wrote 
him  a  letter  to  disavow  having  ever  made  any  such  proposition  to 


304  THOMAS  JEFFERSON— JOHN  JAY. 

M.  Necker,  which  I  desired  him  to  communicate  to  the  States.  I 
waited  immediately  on  M.  Necker  and  ^Monsieur  de  i\Iontmorin, 
satisfied  them  that  what  had  heen  suggested  was  absohitely  without 
foundation  from  me,  and,  indeed,  they  had  not  needed  this  testimony. 
I  gave  them  copies  of  my  letter  to  the  Marquis  de  la  Fayette,  which 
was  afterwards  printed.  The  ^Marquis,  on  the  receipt  of  my  letter, 
showed  it  to  ]Mirabeau,  who  turned  then  to  a  paper  from  which  he 
had  drawn  his  information,  and  found  he  liad  totally  mistaken  it. 
He  promised  immediately  that  he  would  himself  declare  his  error  to 
the  States  General,  and  read  to  them  my  letter,  which  he  did.  I 
state  this  matter  to  you,  though  of  little  consequence  in  itself, 
because  it  might  go  to  you  misstated  in  the  English  papers. 

Our  supplies  to  the  Atlantic  ports  of  France,  during  the  months  of 
Marcli,  April,  and  May,  were  oidy  twelve  thousand  two  hundred  and 
twenty  quintals,  thirty-three  pounds  of  flour,  and  forty-four  thousand 
one  hundred  and  fifteen  quintals,  forty  pounds  of  wheat,  in  twenty- 
one  vessels. 

My  letter  of  the  29th  of  June  brought  down  the  proceedings  of 
the  States  and  Government  to  the  reunion  of  the  orders,  which  took 
place  on  the  27th.  Within  the  Assembly  matters  went  on  well. 
But  it  was  soon  observed  that  troops,  and  particularly  the  foreign 
troops,  were  on  their  march  towards  Paris  from  various  quarters,  and 
that  this  was  against  the  opinion  of  iNI.  INecker.  The  King  was 
probaljly  advised  to  this,  under  pretext  of  preserving  peace  in  l^aris 
and  V^ersailles,  and  saw  nothing  else  in  tlie  measure.  IJut  his 
advisers  are  supposed  to  have  had  in  view,  \\  hen  he  should  be  secured 
and  inspirited  by  the  presence  of  the  troops,  to  take  advantage  of 
some  favorable  moments,  and  surprise  jiim  into  an  act  of  authority 
for  establishing  the  declaration  of  the  23d  of  June,  and  perhaps 
dispersing  the  States  General,  is  probal)Ie.  The  Marshal  de  JJroglio 
was  appointed  to  command  all  the  troops  within  the  Isle  of  France, 
a  high-dying  aristocrat,  cool,  and  capalilc  of  (•\('ry  thing.  Some  of 
the  French  guards  were  soon  arrcstt-d  uiuli-r  other  pn.-texts,  but  in 
reality  on  accoinit  of  their  disjwsitions  in  favor  of  the  national  cause. 
Tiie  people  of  Fiiris  forced  the  prison,  released  them,  and  s(>nt  a 
deputation  to  the  States  General  to  solieit  a  jjardon.  The  States, 
by  a  tnoHt  moderate  and  prudent  arrctc,  reroinmended  these  prisoners 
to  the  King,  and  peace  to  the  people  of  Faris.  Addresses  came  in 
to  ihcm  from  several  of  the  great  cities,  expressing  sincere  allegiance 


DIPLOMATIC  CORRESPONDENCE.  305 

to  the  King,  but  a  determined  resolution  to  support  the  States  Gen- 
eral. On  the  8th  of  July,  they  voted  an  address  to  the  King  to 
remove  the  troops.  This  piece  of  masculine  eloquence,  written  by 
Monsieur  de  Mirabeau,  is  worth  attention  on  account  of  the  bold 
matter  it  expresses  and  discovers  through  the  whole.  The  King 
refused  to  remove  the  troops,  and  said  they  might  remove  themselves, 
if  they  pleased,  to  Noyons  or  Soissons.  They  proceeded  to  fix  the 
order  in  which  they  will  take  up  the  several  branches  of  their  future 
constitution,  from  which  its  appears  they  mean  to  build  it  from  the 
bottom,  confining  themselves  to  nothing  in  their  ancient  form  but  a 
King.  A  declaration  of  rights,  which  forms  the  first  chapter  of  their 
work,  was  then  proposed  by  the  Marquis  de  la  Fayette.  This  was 
on  the  11th.  In  the  mean  time,  troops,  to  the  number  of  about 
twenty-five  or  thirty  thousand,  had  arrived,  and  were  posted  in  and 
between  Paris  and  Versailles.  The  bridges  and  passes  were  guarded. 
At  three  o'clock  in  the  afternoon,  the  Count  de  la  Luzerne  was  sent 
to  notify  M.  Necker  of  his  dismission,  and  to  enjoin  him  to  retire 
instantly,  without  saying  a  word  of  it  to  any  body.  He  went  home, 
dined,  proposed  to  his  wife  a  visit  to  his  friend,  but  went  in  fact  to 
his  country-house  at  St.  Ouen,  and  at  midnight  set  out  from  thence 
for  Brussels.  This  was  not  known  till  the  next  day,  when  the  whole 
Ministry  was  changed,  except  Villedeuil,  of  the  domestic  department, 
and  Barentin,  Garde  des  Sceaux.  The  changes  were  as  follows  :  the 
Baron  de  Breteuil,  President  of  the  Council  of  Finance;  and  de  la 
Galaisiere,  Comptroller  General,  in  the  room  of  M.  Necker;  the 
Marshal  de  Broglio,  Minister  of  War;  and  Foulon,  under  him,  in 
the  room  of  Puy  Segur;  Monsieur  de  la  Vauguyon,  Minister  of 
Foreign  Affairs,  instead  of  Monsieur  de  Montmorin ;  de  la  Porte, 
Minister  of  Marine,  in  place  of  the  Count  de  la  Luzerne ;  St.  Priest 
was  also  removed  from  the  Council.  It  is  to  be  observed  that 
Luzerne  and  Puy  Segur  had  been  strongly  of  the  aristocratical  party 
in  Council;  but  they  were  not  considered  as  equal  to  bear  tlieir 
shares  in  the  work  now  to  be  done.  For  this  change,  however 
sudden  it  may  have  been  in  die  mind  of  the  King,  was,  in  that  of 
his  advisers,  only  the  second  chapter  of  a  great  plan,  of  which  the 
bringing  together  the  foreign  troops  had  been  the  first.  He  was  now 
completely  in  the  hands  of  men,  the  principal  among  whom  had 
been  noted  through  their  lives  for  the  Turkish  despotism  of  their 
character,  and  who  were  associated  about  the  King  as  proper  instru- 
VoL.  II.— 20 


306  THOMAS  JEFFERSON-JOHN  JAY. 

merits  for  what  was  to  be  executed.  The  news  of  this  change  began 
to  be  known  in  Paris  about  one  or  two  o'clock.  In  the  afternoon, 
a  body  of  al)out  one  hundred  German  cavalry  were  advanced  and 
drawn  up  in  the  Place  Louis  XV.,  and  about  two  hundred  Swiss 
posted  at  a  little  distance  in  their  rear.  This  drew  the  people  to 
that  spot,  who  naturally  formed  themselves  in  front  of  the  troops,  at 
first  merely  to  look  at  them,  but,  as  their  numbers  increased,  their 
indignation  arose.  They  retired  a  few  steps,  posted  themselves  on 
and  behind  large  piles  of  loose  stones,  collected  in  that  place  for 
a  bridge  adjacent  to  it,  and  attacked  the  horse  with  stones.  The 
horse  charged,  but  the  advantageous  position  of  the  people,  and  the 
showers  of  stones  obliged  them  to  retire,  and  even  quit  the  field 
altogether,  (leaving  one  of  their  number  on  the  ground.)  The  Swiss 
in  their  rear  were  observed  never  to  stir.  This  was  the  signal  for 
univ^ersal  insurrection,  and  this  body  of  cavalry,  to  avoid  being 
massacred,  retired  towards  Versailles.  The  people  now  armed  them- 
selves with  such  weapons  as  they  could  find  in  armorers'  shops  and 
private  houses,  and  with  bludgeons,  and  were  roaming  all  night 
through  all  parts  of  the  city,  without  any  decided  and  practicable 
object.  The  next  day  the  States  pressed  on  the  King  to  send  away 
the  troops,  to  permit  the  Bourgeoisie  of  Paris  to  arm  for  the  preser- 
vation of  order  in  the  city,  and  offered  to  send  a  deputation  from 
their  body  to  tranquillize  them.  He  refused  all  their  propositions, 
and  a  committee  of  magistrates  and  electors  of  the  city  were 
appointed  by  their  bodies  to  take  upon  them  its  government.  The 
mob,  now  openly  joined  by  the  French  guards,  forced  the  prison 
of  St.  Lazare,  released  all  the  prisoners,  and  took  a  great  store  of 
corn,  which  they  carried  to  the  corn  market.  IIeri>  they  got  some 
arms,  and  the  French  guards  began  to  form  and  tniiii  them.  The 
city  committee  determined  to  rais(^  forty-eight  thousand  IJourgcois, 
or  rather  to  restrain  their  numbers  to  forty-eight  tiiousand.  On  the 
lltli  ihey  sent  one  of  their  members  (Monsieur  dc  Corny,  whom  we 
knew  ill  America)  to  the  Hotel  des  fuvalides,  to  ask  arms  for  the 
garde  liourgeoise.  lie  was  followed  l)y,  or  he  found  there,  a  great 
mob.  TIk!  (jovernor  of  the  Invalides  came  out,  and  represented 
the  impossibiliiy  of  iiis  (j«.'livering  arms  wiilioiit  the  orders  of  those 
from  whom  he  rcci  ivcd  them.  I)e  Corny  advised  the  peoj)le  th(>n 
to  relin?,  and  n-tin-d  himself;  and  the  people  took  jiossessioii  of  the 
arms.      It  was  remarkable  that  not  only   the  Invulides  tliemselves 


DIPLOMATIC  CORRESPONDENCE.  307 

made  no  opposition,  but  tliat  a  body  of  five  thousand  foreign  troops, 
encamped  within  four  hundred  yards,  never  stirred.  Monsieur  de 
Corny  and  five  others  were  then  sent  to  ask  arras  of  Monsieur  de 
Launai,  Governor  of  the  Bastile.  They  found  a  great  collection  of 
people  already  before  the  place,  and  they  immediately  planted  a  flag 
of  truce,  which  was  answered  by  a  like  flag  hoisted  on  the  parapet. 
The  deputation  prevailed  on  the  people  to  fall  back  a  little,  advanced 
themselves  to  make  the  demands  of  the  Governor,  and  in  that 
mstant  a  discharge  from  the  Bastile  killed  four  people  of  those  nearest 
to  the  Deputies.  The  Deputies  retired ;  the  people  rushed  against 
the  place,  and  almost  in  an  instant  were  in  possession  of  a  fortifica- 
tion, defended  by  one  hundred  men,  of  infinite  strength,  which,  in 
other  times,  had  stood  several  regular  sieges,  and  had  never  been 
taken.  How  they  got  in,  has,  as  yet,  been  impossible  to  discover. 
Those  who  pretend  to  have  been  of  the  party,  tell  so  many  different 
stories  as  to  destroy  the  credit  of  them  all.  They  took  all  the  arms, 
discharged  the  prisoners,  and  such  of  the  garrison  as  were  not  killed 
in  the  first  moment  of  fury,  carried  the  Governor  and  Lieutenant 
Governor  to  the  Greve,  (the  place  of  public  execution,)  cut  off  their 
heads,  and  sent  them  through  the  city  in  triumph  to  the  Palais  Royal. 
About  the  same  instant,  a  treacherous  correspondence  having  been 
discovered  on  Monsieur  de  Flesselles,  Prevost  des  Marchands,  they 
seized  him  in  the  Hotel  de  Ville,  where  he  was  in  the  exercise  of 
his  office,  and  cut  off  his  head. 

These  events,  carried  imperfectly  to  Versailles,  were  the  subject 
of  two  successive  deputations  from  the  States  to  the  King,  to  both  of 
which  he  gave  dry  and  bard  answers ;  for  it  has  transpired  that  it 
had  been  proposed  and  agitated  in  Council  to  seize  on  the  principal 
members  of  the  States  General,  to  march  the  whole  army  down  upon 
Paris,  and  to  suppress  its  tumults  by  the  sword.  But  at  night  the 
Duke  de  Liancourt  forced  his  w^ay  into  the  King's  bed-chamber,  and 
obliged  him  to  hear  a  full  and  animated  detail  of  the  disasters  of  the 
day  in  Paris.  He  went  to  bed  deeply  impressed.  The  decapitation 
of  M.  de  Launai  worked  powerfully  through  the  night  on  the  whole 
aristocratical  party,  in  so  much  that  in  the  morning  those  of  the 
greatest  influence  on  the  Count  d'Artois  represented  to  him  the  abso- 
lute necessity  that  the  King  should  give  up  everything  to  the  States. 
This  according  well  enough  with  the  dispositions  of  the  King,  he 
went  about  eleven  o'clock,  accompanied  only  by  his  brother,  to  the 


308  THOMAS  JEFFERSON— JOHN  JAY. 

States  General,  and  there  read  to  them  a  speech,  in  which  he  asked 
their  interposition  to  reestabhsh  onfer.  Though  this  be  couched  in 
terms  of  some  caution,  yet  the  manner  in  which  it  was  delivered 
made  it  evident  that  it  was  meant  as  a  surrender  at  discretion.  He 
returned  to  the  chateau  afoot,  accompanied  by  the  States.  They 
sent  off  a  deputation,  the  Marquis  de  la  Fayette  at  their  head,  to 
quiet  Paris.  He  had  the  same  morning  been  named  commander- 
in-chief  of  the  Milice  Bourgeoise,  and  Monsieur  Bailly,  former 
President  of  the  States  General,  was  called  for  as  Prevost  dts  Mar- 
chands.  The  demolition  of  the  Bastile  was  now  ordered,  and  beo^un. 
A  body  of  the  Swiss  guards  of  the  regiment  of  Ventimille  and  the 
city  horse-guards  joined  the  people.  The  alarm  at  Versailles 
increased  instead  of  abating.  They  believed  that  the  aristocrats  of 
Paris  were  under  pillage  and  carnage ;  that  one  hundred  and  fifty 
thousand  men  were  in  arms,  coming  to  Versailles  to  massacre  the 
royal  family,  the  Court,  the  Ministers,  and  all  connected  with  them, 
by  their  practices  and  principles.  The  aristocrats  of  the  Nobles  and 
Clergy  in  the  States  General  vied  with  each  other  in  declaring  how 
sincerely  they  were  converted  to  the  justice  of  voting  by  persons, 
and  how  detennined  to  go  with  the  nation  all  its  lengths.  The 
foreign  troops  were  ordered  oiF  instantly.  Every  ^Minister  resigned. 
The  King  confirmed  Bailly  as  Prevost  des  Marchands,  wrote  to  M. 
Necker  to  recall  him,  sent  his  letter  open  to  the  States  General,  to 
be  forwarded  by  them,  and  invited  them  to  go  with  him  to  Paris  the 
next  day,  to  satisfy  the  city  of  his  dispositions  ;  and  that  night,  and 
the  next  morning,  the  Count  d'Artois  and  a  INTonsieur  de  Montesson, 
(a  deputy  connected  with  him,)  Madame  Polignac,  Madame  de 
Guiclic,  and  the  Count  de  Vaudrcuil,  favorites  of  the  Queen,  the 
Abbe  do  Vermont,  her  confessor,  the  Prince  of  Conde,  and  the 
Duke  de  Bourbon,  all  fled,  we  know  not  whither.  The  King  came 
to  Paris,  leaving  lh(;  Queen  in  consternation  for  his  return.  Oinitting 
the  less  important  figures  of  the  procession,  I  will  only  observe,  that 
the  King's  carriage;  was  in  the  centre,  on  each  side  of  it  the  States 
General  in  two  ranks,  afoot,  and  at  their  head  the  Marquis  de  la 
Fayette,  as  commander-in-chief,  on  horseback,  and  Bourgeoise 
guards  before  and  behind.  About  sixty  thousand  citizens,  of  all 
fonns  and  colors,  armed  with  the  muskets  of  thri  Bastile  and  Invalids, 
as  far  as  they  would  go,  the  rest  with  pistols,  swords,  pikes,  pruning 
hooks,  scythes,  8ic.,  lined  all  the  streets  through  which  the  procession 


DIPLOMATIC  CORRESPONDEXCE.  309 

passed,  and,  with  the  crowds  of  people  in  the  streets,  doors,  and 
windows,  saluted  them  everywhere  with  cries  of  "  vive  la  nation ;" 
but  not  a  single  ^^vive  le  roi"  was  heard.  The  King  stopped  at 
the  Hotel  de  Ville.  There  M.  Bailly  presented  and  put  into  his  hat 
the  popular  cockade,  and  addressed  him.  The  King  being  unable 
and  unprepared  to  answer,  Bailly  went  to  him,  gathered  from  him 
some  scraps  of  sentences,  and  made  out  an  answer  which  he  delivered 
to  the  audience  as  from  the  King.  On  their  return  the  popular  cries 
were  " vive  le  roi  et  la  nation"  He  was  conducted  by  a  Garde 
Bourg&oise  to  his  palace  at  Versailles ;  and  thus  concluded  such  an 
amende  honorable  as  no  sovereign  ever  made,  and  no  people  ever 
received.  Letters  written  with  his  own  hand,  to  the  IMarquis  de  la 
Fayette,  remove  the  scruples  of  his  position.  Tranquillity  is  now 
restored  to  the  capital ;  the  shops  are  again  opened ;  the  people 
resuming  their  labors ;  and  if  the  want  of  bread  does  not  disturb  our 
peace,  we  may  hope  a  continuance  of  it.  The  demolition  of  the 
Bastile  is  going  on,  and  the  MiUce  Bours-eoise  organizing  and  train- 
ing.  The  ancient  police  of  the  city  is  abolished  by  the  authority  of 
the  people ;  the  introduction  of  the  King's  troops  will  probably  be 
proscribed,  and  a  watch  or  city  guards  substituted,  which  shall 
depend  on  the  city  alone.  But  we  cannot  suppose  this  paroxysm 
confined  to  Paris  alone.  The  whole  country  must  pass  successively 
through  it ;  and  happy  if  they  get  through  it  as  soon  and  as  well  as 
Paris  has  done. 

I  went  yesterday  to  Versailles,  to  satisfy  myself  what  had  passed 
there ;  for  nothing  can  be  believed  but  what  one  sees,  or  has  from 
an  eye  witness.  They  believe  there  still  that  three  thousand  people 
have  fallen  victims  to  the  tumult  of  Paris.  ]Mr.  Short  and  myself 
have  been  every  day  among  them,  in  order  to  be  sure  of  what  was 
passing.  We  cannot  find,  with  certainty,  that  anybody  has  been 
killed  but  the  three  beforementioned,  and  those  who  fell  in  the 
assault  or  defence  of  the  Bastile.  How  many  of  the  garrison  were 
killed,  nobody  pretends  to  have  ever  heard.  Of  the  assailants, 
accounts  vary  from  five  to  six  hundred.  The  most  general  belief  is, 
that  there  fell  about  thirty.  There  have  been  many  reports  of 
instantaneous  executions  by  the  mob  on  such  of  their  body  as  they 
caught  in  acts  of  theft  or  robbery.  Some  of  these  may,  perhaps,  be 
true.  There  was  a  severity  of  honesty  observed  of  which  no  example 
has  been  known.      Bags  of  money,  offered  on  various  occasions 


310  THOMAS  JEFFERSON— JOHN  JAY. 

through  fear  or  guilt,  have  been  uniformly  refused  by  the  mobs. 
The  churches  are  now  occupied  in  singing  "  de  profundis"  and 
"requiems"  for  the  repose  of  the  souls  of  the  brave  and  valiant 
citizens  who  have  sealed  with  their  blood  the  liberty  of  their  nation. 
Monsieur  dc  3Iontmorin  is  this  day  replaced  in  the  Department  of 
Foreign  Affairs,  and  Monsieur  de  St.  Priest  is  named  to  the  Home 
Department.  The  gazettes  of  France  and  Leyden  accompany  this. 
1  send  also  a  paper,  (called  the  Point  de  Jour,)  which  will  give  you 
some  idea  of  the  proceedings  of  the  National  Assembly.  It  is  but 
an  indifferent  thing ;  however,  it  is  the  best. 

I  have  the  honor  to  be,  he,  TH :  JEFFERSON. 

July  21. 

P.  S.  M.  Necker  had  left  Brussels  for  Frankfort  before  the  courier 
got  there.  We  expect,  however,  to  hear  of  him  in  a  day  or  two. 
Monsieur  le  Compte  de  la  Luzerne  has  resumed  the  Department  of 
the  Marine  this  day.  Either  this  is  an  office  of  friendship,  effected 
by  Monsieur  de  INIontmorin,  (for,  though  they  had  taken  different 
sides,  their  friendship  continued,)  or  he  comes  in  as  a  stop-gap  till 
somebody  else  can  be  found.  Though  very  unequal  to  his  office,  all 
agree  that  he  is  an  honest  man.  The  Count  d'/Vrtois  was  at 
Valenciennes.  The  Prince  of  Conde  and  Duke  de  Bourbon  had 
passed  that  place.  T.  J. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  July  23,  1789. 

Sir, 
The  bearer  of  my  letter  (a  servant  of  Mr.  Morris)  not  going  off 
till  to-day,  I  am  enabled  to  add  to  their  contents.  The  spirit  of 
tumult  seemed  to  have  subsided,  when  yesterday  it  was  excited  again 
by  a  particular  incident.  Monsieur  Foulon,  one  of  the  obnoxious 
Ministry,  who,  as  well  as  his  brethren,  had  absconded,  was  taken  in 
the  country,  and,  as  is  said,  by  his  own  tenants,  and  brought  to 
Paris.  Great  efforts  were  exerted  by  popular  characters  to  save 
iiini.  He  was  at  length  forced  out  ol'llie  hands  of  the  Garde  Bour- 
gfoisc,  hung  immediately,  liis  head  cut  oil',  and  his  body  drawn 
through  tiie  })rin(,ipal  streets  of  the  city.  The  Intendanl  of  Paris, 
Monsieur  dc  Chauvigny,  accused  of  having  entered  into  the  designs 


DIPLOMATIC  CORRESPONDENCE.  311 

of  the  same  Ministry,  has  been  taken  at  Compeigne,  and  a  body  of 
two  hundred  men,  on  horseback,  have  gone  for  him.  If  he  be  brought 
here,  it  will  be  difficult  to  save  him.  Indeed,  it  is  hard  to  say  at 
what  distance  of  time  the  presence  of  one  of  these  Ministers,  or  of 
any  of  the  most  obnoxious  of  the  fugitive  courtiers,  will  not  rekindle 
tlie  same  blood-thirsty  spirit.  I  hope  it  is  extinguished  as  to  eveiy 
body  else ;  and  yesterday's  example  will  teach  them  to  keep  out  of 
its  way.  I  add  two  other  sheets  of  the  Point  de  Jour,  and  have  the 
honor  to  be.  Sic, 

TH:  JEFFERSON. 

P.  S.  I  just  now  learn  that  Bertier  de  Chauvigny  was  brought  to 
town  last  night,  and  massacred  immediately. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  July  29,  1789. 

Sir, 

I  have  written  you  lately,  on  the  24th  of  June,  with  a  postscript 
of  the  25th;  on  the  29th  of  the  same  month;  the  19th  of  July,  with 
a  postscript  of  the  21st;  and  again  on  the  23d.  Yesterday  I 
received  yours  of  the  9th  of  March,  by  the  way  of  Holland. 

M.  Necker  has  accepted  his  appointment,  and  will  arrive  to-day 
from  Switzerland,  where  he  had  taken  refuge.  No  other  Ministers 
have  been  named  since  my  last.  It  is  thought  M.  Necker  will 
choose  his  own  associates.  The  tranquillity  of  Paris  has  not  been 
disturbed  since  the  death  of  Foulon  and  Bertier,  mentioned  in  my 
last.  Their  militia  is  in  a  course  of  organization.  It  is  impossible 
to  know  the  exact  state  of  the  supplies  of  bread.  We  suppose  them 
low  and  precarious,  because  some  days  we  are  allowed  to  buy  but 
half  or  three-fourths  of  the  daily  allowance  of  our  families.  Yet,  as 
the  wheat  harvest  must  begin  within  ten  days  or  a  fortnight,  we  are 
in  hopes  there  will  be  subsistence  found  till  that  time.  This  is  the 
only  source  from  which  I  should  fear  a  renewal  of  the  late  disorders ; 
for  I  take  for  granted  the  fugitives  from  the  wrath  of  their  country 
are  all  safe  in  foreign  countries.     Among  these  are  numbered  seven 


312  THOMAS  JEFFERSON— JOHN  JAY. 

Princes  of  the  house  of  Bourbon,  and  six  Ministers ;  the  seventh 
(the  Marshal  de  Broglio)  being  shut  up  in  the  fortified  town  of  Metz, 
strongly  garrisoned  with  foreign  soldiers.  I  observed  to  you  in  a 
preceding  letter  that  the  storm  which  had  begun  in  Paris  on  the 
change  of  the  Ministry  would  have  to  pass  over  the  whole  country, 
and  consequently  would,  for  a  short  time,  occasion  us  terrible  details 
from  tlie  different  parts  of  it.  Among  these  you  will  find  a  homble 
one  retailed  from  Vesoul,  in  Franche  Compte.  The  atrociousness 
of  the  fact  would  dispose  us  rather  to  doubt  the  truth  of  the  evidence 
on  which  it  rests,  however  regular  that  appeal's.  There  is  no 
question  that  a  number  of  people  were  blown  up ;  but  there  are 
reasons  for  suspecting  that  it  was  by  accident,  and  not  design.  It  is 
said  the  owner  of  the  chateau  sold  powder  by  the  pound,  which  was 
kept  in  the  cellar  of  the  house  blown  up ;  and  it  is  possible  some  one 
of  the  guests  may  have  taken  this  occasion  to  supply  himself,  and 
been  too  careless  in  approaching  the  mass.  Many  idle  stories  have 
also  been  propagated  and  believed  here  against  the  English,  as  that 
they  have  instigated  the  late  tumults  with  money,  that  tliey  had 
taken,  or  were  preparing  to  take,  Cherbourg,  Brest,  Stc. ;  and  even 
reasonable  men  have  believed,  or  pretended  to  believe,  all  these. 
The  British  Ambassador  has  thought  it  necessary  to  disavow  them 
in  a  public  letter,  which  you  will  find  hi  one  of  the  papers  accom- 
panying this. 

I  have  lately  had  an  opportunity  of  knowing  with  certainty  the 
present  state  of  the  King  of  England.  His  recovery  was  slow  ;  he 
passed  through  a  stage  of  profound  melancholy ;  but  this  has  at 
length  dissipated,  and  he  is  at  present  })erfectly  reestablished.  He 
talks  now  as  much  as  ever,  on  the  same  trifling  subjects,  and  has 
recovered  even  his  habitual  inquisitivencss  into  the  small  news  of  the 
families  about.  His  healtli  is  also  good,  though  he  is  not  as  fleshy 
as  he  used  to  be. 

I  have  niuhiplifd  my  letters  to  you  lately  because  the  scene  has 
been  tridy  interesliiig  ;  so  much  so  tiiat  had  1  received  my  permission 
to  pay  my  projected  visit  to  my  own  country,  I  should  liave  thought, 
and  still  think,  it  my  duty  to  defer  it  awhili*.  I  presume  it  cannot 
now  be  long  befor(>  I  receive  your  definitive  answer  to  my  recjuest. 
I  send  herewith  the  public  papers,  as  usual,  and  have  the  honor  to 
be,  Sic, 

TH:  JEFFERSON. 


DIPLOMATIC  CORRESPONDENCE.  3 13 

FROM    THOMAS    JEFFERSON    TO    JOHN    JA.Y. 

Paris,  August  5,  1789. 
Sir, 

I  \\Tote  you  on  the  19th  of  the  last  month,  with  a  postscript  of 
the  21st,  and  on  the  23d  and  29th.  These  letters  went  by  private 
conveyance.  This  goes  by  the  London  post.  Since  my  last,  some 
small  and  momentary  tumults  have  taken  place  in  this  city,  in  one 
of  which  a  few  of  the  rioters  were  killed  by  the  city  militia. 

No  more  popular  executions  have  taken  place.  The  capture  of 
the  Baron  de  Besenval,  commander  of  the  Swiss  troops,  as  he  was 
flying  to  Switzerland,  and  of  the  Duke  de  la  Vauguyon,  endeavoring 
to  escape  by  sea,  would  endanger  new  interpositions  of  the  popular 
arm  were  they  to  be  brought  to  Paris.  They  are,  therefore,  con- 
fined where  they  were  taken.  The  former  of  these  being  unpopular 
with  the  troops  under  his  command,  on  account  of  oppressions, 
occasioned  a  deputation  from  their  body  to  demand  justice  to  be 
done  him,  and  to  avow  the  devotion  of  the  Swiss  troops  to  the  cause 
of  the  nation.  They  had  before  taken  side  in  part  only.  M. 
Necker's  return  contributed  much  to  reestablish  tranquillity,  though 
not  quite  as  much  as  was  expected.  His  just  intercessions  for  the 
Baron  de  Besenval,  and  other  fugitives,  damped  very  sensibly  the 
popular  ardor  towards  him.  Their  hatred  is  stronger  than  their 
love. 

Yesterday  the  other  Ministers  were  named.  The  Archbishop  of 
Bordeaux  is  Garde  des  Sceaux ;  M.  de  la  Tour  Depin,  Minister  of 
War ;  the  Prince  of  Beauvon  is  taken  into  the  Council,  and  the 
feuille  des  benefices  given  to  the  Archbishop  of  Bordeaux.  These 
are  all  of  the  popular  party  ;  so  that  the  minority  (IM.  de  la  Luzeme 
excepted)  and  the  Council,  being  all  in  reformation  principles,  no 
further  opposition  may  be  expected  from  that  quarter. 

The  National  Assembly  now  seriously  set  their  hands  to  the  work 
of  the  Constitution.  They  decided,  a  day  or  two  ago,  the  question 
whether  they  should  begin  by  a  declaration  of  rights,  by  a  great 
majority  in  the  affinnative.  The  negatives  were  of  the  Clergy,  who 
fear  to  trust  the  people  with  the  whole  truth.  The  declaration  itself 
is  now  on  the  carpet.  By  way  of  corollar}'  to  it  they  last  night 
mowed  down  a  whole  legion  of  abuses,  as  you  will  see  by  the  heads 
of  the  arrete  which  I  have  the  honor  to  enclose  you.  This  will  stop 
the  burning  of  chateaux,  and  tranquillize  the  countr)-^  more  than  all 
the  addresses  they  could  send  them.  • 


314  THOMAS  JEFFERSON— JOHN  JAY. 

I  expressed  to  you  my  fears  of  the  impracticability  of  debate  and 
decision  in  a  room  of  one  thousand  and  two  hundred  persons,  as 
soon  as  ]M.  Necker's  determination  to  call  that  number  was  known. 
The  inconveniences  of  their  number  have  been  distressing  to  the  last 
degree,  though,  as  yet,  they  have  been  employed  in  work  which 
could  be  done  in  the  lump.  They  are  now  proceeding  to  instru- 
ments, every  word  of  which  must  be  weighed  with  precision.  Here- 
tofore, too,  they  were  hooped  together  by  a  common  enemy.  This 
is  no  longer  the  case.  Yet  a  thorough  view  of  the  wisdom  and 
rectitude  of  this  Assembly  disposes  me  more  to  hope  they  will  find 
some  means  of  surmounting  the  difficulty  of  their  numbers  than  to 
fear  that,  yielding  to  the  unmanageableness  of  debate  in  such  a 
crowd,  and  to  the  fatigue  of  the  experiment,  they  may  be  driven  to 
adopt,  in  the  gross,  some  one  of  the  many  projects  which  will  be 
proposed. 

There  is  a  germ  of  schism  in  the  pretensions  of  Paris  to  form  its 
municipal  establishment,  independently  of  the  authority  of  the  nation. 
It  has  not  yet  proceeded  so  far  as  to  threaten  danger. 

The  occasion  does  not  permit  me  to  send  the  public  papers ;  but 
nothing  remarkable  has  taken  place  in  the  other  parts  of  Europe. 

^I  have  the  honor  to  be,  he,  TH  :  JEFFEIISON. 


FUOM    THOMAS    JEFFERSON    TO    WILLIAM    CARMICHAEL. 

Paris,  August  9,  1789. 
Dear  Sir, 
Since  your  last,  of  March  llie  27ili,  I  have  only  written  that  of 
May  the  8tli.  The  causes  of  this  long  silence  on  both  parts  has 
been  the  expectation  1  eominuiiiciitcd  to  you  ol  <ii)barking  for 
America.  In  fact,  I  have  expected  permission  lor  this  every  hour 
since  the  UKJUlh  of  March;  and,  therefon^  always  thought  that  by 
pulling  off  writing  to  you  a  few  days,  my  letter,  while  it  should 
connnunicat(;  iIk^  occurrences  of  the  day,  might  he  a  letter  of  adii-u. 
SJKjuId  my  permission  now  arrive,  I  should  put  ofl'  my  departure  till 
after  the  efjuinox.  Tiiey  write  nw  lliaf  my  not  receiving  it  liad 
proceeded  from  the  ceasing  of  the  old  (government  in  October  last, 
and  the  organization  of  the  higher  departments  in   tiie  new,  which 


DIPLOMATIC  CORRESPONDENCE,  315 

had  not  yet  taken  place  when  my  last  letters  came  away.  Bills  had 
been  brought  in  for  establishing  departments  of  Foreign  Affairs, 
Finance,  and  War.  The  last  would  certainly  be  given  to  General 
Knox.  Mr.  Jay  would  probably  have  his  choice  of  the  first  and 
second ;  and  it  was  supposed  Hamilton  would  have  that  which  Mr. 
Jay  declined.  Some  thought  Mr.  Jay  would  prefer  and  obtain  the 
head  of  the  law  department,  for  which  Wilson  would  be  a  competi- 
tor. In  such  a  case,  some  have  supposed  C.  Thomson  would  ask 
the  Foreign  Affairs.  The  Senate  and  Representatives  differed  about 
the  title  of  the  President.  The  former  wanted  to  style  him  "  His 
Highness,  George  Washington,  President  of  the  United  States,  and 
Protector  of  their  Liberties."  The  latter  insisted,  and  prevailed,  to 
give  no  title  but  that  of  office,  to  wit :  "  George  Washington,  Presi- 
dent of  the  United  States."  I  hope  the  terms  of  Excellency, 
Honor,  Worship,  Esquire,  will  forever  disappear  from  among  us  from 
that  moment.  I  wish  that  of  Mr.  would  follow  them.  In  the 
impost  bill  the  Representatives  had,  by  almost  an  unanimous  con- 
currence, made  a  difference  between  nations  in  treaty  with  us,  and 
those  not  in  treaty.  The  Senate  had  struck  out  this  difference,  and 
lowered  all  the  duties.  Query  :  Whether  the  Representatives  would 
yield  ? 

Congress  were  to  proceed,  about  the  last  of  June,  to  propose 
amendments  to  the  new  Constitution.  The  principal  would  be  the 
annexing  a  declaration  of  rights,  to  satisfy  the  minds  of  all  on  the 
subject  of  their  liberties.  They  waited  the  arrival  of  Brown,  dele- 
gate from  Kentucky,  to  take  up  the  receiving  that  district  as  a 
fourteenth  State.  The  only  objections  apprehended  were  from  the 
partisans  of  Vermont,  who  might  insist  on  both  coming  together. 
This  would  produce  a  delay,  though  probably  not  a  long  one. 

To  detail  to  you  the  events  of  this  country  would  require  a 
volume.  It  would  be  useless,  too,  because  those  given  in  the 
Leyden  Gazette,  though  not  universally  tme,  have  so  few  and  such 
unimportant  errors  mixed  with  them,  that  you  may  give  a  general 
faith  to  them.  I  will  rather  give  you,  therefore,  what  that  paper 
cannot  give,  the  views  of  the  prevailing  power,  as  far  as  they  can  be 
collected  from  conversation  and  writings.  They  will  distribute  the 
powers  of  Government  into  three  parts,  legislative,  judiciary,  and 
executive.  The  legislative  will  certainly  have  no  hereditary  branch, 
probably  not  even  a  select  one,  (like  our  Senate.)     If  they  divide  it 


316  THOMAS  JEFFERSON— JOHN  JAY. 

into  two  chambers  at  all,  it  will  be  by  breaking  the  representative 
body  into  two  equal  halves,  by  lot.  But  very  many  are  for  a  single 
house,  and  particularly  the  Turgotists.  The  imperfection  of  their 
legislative  body,  I  think,  will  be  that  not  a  member  of  it  will  be 
chosen  by  the  people  directly.  Their  representation  will  be  an 
equal  one,  in  which  every  man  will  elect  and  be  elected  as  a  citizen, 
not  as  a  distinct  order.  Query,  whether  they  will  elect  placemen 
and  pensioners  ?  Their  legislature  will  meet  periodically,  and  set  at 
their  own  will,  with  a  power  in  the  executive  to  call  them  extraordi- 
narily, in  case  of  emergencies.  There  is  a  considerable  division  of 
sentiment  whether  the  executive  shall  have  a  negative  on  the  laws. 
I  think  they  will  determine  to  give  such  a  negative,  either  absolute 
or  qualified.  In  the  judiciary  the  parliaments  will  be  suppressed, 
less  numerous  judiciary  bodies  instituted,  and  trial  by  jury  established 
in  criminal,  if  not  in  civil  cases.  The  executive  power  will  be  left 
entire  in  the  hands  of  the  King.  They  will  establish  the  responsi- 
bility of  Ministers,  gifts,  and  appropriations  of  money  by  the  National 
Assembly  alone ;  consequently,  a  civil  list,  freedom  of  the  press, 
freedom  of  religion,  freedom  of  commerce  and  industry,  freedom  of 
person  against  arbitrary  arrests,  and  modifications,  if  not  a  total 
prohibition  of  military  agency  in  civil  cases.  I  do  not  see  how  they 
can  prohibit  altogether  the  aid  of  the  military  in  cases  of  riot,  and 
yet  I  doubt  whether  they  can  descend  from  the  sublimity  of  ancient 
military  pride,  to  let  a  Mareschal  of  France,  with  his  troops,  be 
commanded  by  a  magistrate.  They  cannot  conceive  that  General 
Washington,  at  the  head  of  his  army,  during  the  late  war,  could 
have  been  commanded  by  a  common  constable  to  go  as  his  posse 
comitatus,  to  suppress  a  mob,  and  that  Count  Rochambeau,  when 
he  was  arrested  at  the  iiead  of  his  army  by  a  sheriff,  must  have 
gone  to  jail  if  he  had  not  given  bail  to  ai)pear  in  court.  Though 
they  have  gone  astonishing  lengths,  they  arc  not  yet  thus  far.  it  is 
probable,  therefore,  that  not  knowing  how  to  use  the  military  as  a 
civil  weapon,  they  will  do  too  much  or  too  little  with  it. 

1  have  said  that  things  will  be  so  and  so.  Understand  by  this 
that  these  arc  only  my  conjectures,  the  plan  of  the  Constitution  not 
being  prepared  yet,  njuch  less  agreed  to.  Tranquillity  is  pretty  well 
established  in  th(!  capital,  though  the  ap|i<arance  of  any  of  the 
refugees  here  would  endanger  it.  The  ]};n-c)n  de  Besenval  is  kept 
away  ;  so  is  M.  de  la  Vauguyon.     The  latter  was  so  short  a  time  a 


DIPLOMATIC  CORRESPONDENCE.  3 17 

member  of  the  obnoxious  administration,  that  probably  he  might  not 
be  touched  were  he  here.  Seven  princes  of  the  house  of  Bourbon, 
and  seven  Ministers,  fled  into  foreign  countries,  is  a  wonderful  event 
indeed. 

I  have  the  honor  to  be,  Sic,  TH :  JEFFERSON. 


FROM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Paris,  August  12,  1789. 
Sir, 

I  wrote  you  on  the  19th,  23d,  29th  of  the  last,  and  5th  of  the 
present  month.  The  last  occasions  not  having  admitted  the  for- 
warding to  you  the  public  papers,  I  avail  myself  of  the  present,  by  a 
gentleman  going  to  London,  to  furnish  you  with  them  to  the  present 
date.  It  is  the  only  use  I  can  prudently  make  of  the  conveyance. 
I  shall,  therefore,  only  observ^e,  that  the  National  Assembly  has  been 
entirely  occupied,  since  my  last,  in  developing  the  particulars  which 
were  the  subjects  of  their  resolutions  of  the  4th  instant,  of  which  I 
send  you  the  general  heads. 

The  city  is,  as  yet,  not  entirely  quieted.  Every  now  and  then 
summary  execution  is  done  on  individuals  by  individuals,  and  nobody 
is  in  condition  to  ask  for  what,  and  by  whom.  We  look  forward  to 
the  completion  of  the  establishment  of  the  city  militia,  and  that 
which  is  to  restore  protection  to  the  inhabitants.  The  details  from 
the  country  are  as  distressing  as  I  had  apprehended  they  would  be. 
Most  of  them  are  doubtless  false,  but  many  may  still  be  true. 
Abundance  of  chateaux  are  certainly  burnt  and  burning,  and  not  a 
few  lives  sacrificed.  The  worst  is  probably  over  in  this  city ;  but  I 
do  not  know  whether  it  is  so  in  the  country.  Nothing  important  has 
taken  place  in  the  rest  of  Europe. 

I  have  the  honor  to  be,  &ic.,  TH :  JEFFERSON. 


FROM   JOHN   JAY   TO    THOMAS   JEFFERSON. 

New  York,  June  19,  1789. 

I  have  at  length,  my  dear  sir,  the  pleasure  to  inform  you  (though 
not  officially)  that  you  have  leave  to  return,  and  that  Mr.  Short  is 
appointed  to  take  charge  of  the  public  affairs  during  your  absence. 


318  THOMAS  JEFFERSON— JOHN  JAY. 

From  the  time  that  your  letter  of  the  19th  November  last  was 
received,  viz :  10th  February,  to  the  time  that  our  former  Govern- 
ment gave  place  to  the  present  one,  there  was  not  a  single  day  on 
which  so  many  States  were  represented  in  the  late  Congress  as  were 
necessary  to  make  a  House. 

Directly  after  the  President  came  into  office,  I  communicated  to 
him  your  request.  It  was  the  general  opinion  that  the  appointments 
under  the  late  Government  expired  at  that  period,  and,  therefore, 
that  the  heads  of  the  different  departments  were  not  in  capacity  to 
proceed  without  a  new  conveyance  of  authority.  It  was  expected 
that  the  different  offices  would,  without  delay,  be  established,  and 
the  business  of  them  put  in  train.  These  circumstances  retarded  a 
decision  on  your  request. 

Although  the  departments  still  remain  in  the  same  state,  yet  the 
President,  on  the  16th  instant,  informed  the  Senate  that  he  had 
complied  with  your  request,  and  that  he  nominated  Mr.  Short  on  the 
17th.  I  attended  the  Senate  on  the  subject,  and  yesterday  they 
came  to  a  resolution  in  the  following  words,  viz : 

"In  Senate,  Thursday,  ISth  June,  1789. 

"  Resolved,  That  the  President  of  the  United  States  be  informed 
*  that  the  Senate  advise  and  consent  to  his  appointment  of  William 
'  Short,  Esquire,  to  take  charge  of  our  affairs  at  the  Court  of  France 
<  during  the  absence  of  the  Minister  Plenipotentiary  at  that 
'  Court." 

For  some  days  past  the  President  has  been  indisposed  witli  a 
headache,  attended  with  fever.  This  morning  I  went  to  his  house 
to  communicate  the  resolution  to  him,  and  receive  his  orders  on  the 
subject.  He  is  better,  but  his  ])hysicians  thought  it  best  tliat  for 
the  present  no  applications  should  be  made  to  him  on  public  affairs 
of  any  kind.  Consequently,  the  business  in  question  must  be 
postponed. 

Until  the  Office  for  Foreign  Affairs  is  established,  the  papers  and 
despatches  proper  on  the  occasion  cannot  be  completed  and  trans- 
mitted. When  1  consider  how  long  you  have  waited  for  the  result 
of  your  application,  and  the  sensations  which  repeated  disappoint- 
ments must  have  occasioned,  I  cannot  forbear  thus  informally  to 
arrjtiaint  you  with  the  preceding  facts,  and  to  m(!ntion  to  you  as  my 
o])inion    that   you    may   venture    to    return;    and    that    the    earliest 


DIPLOMATIC  CORRESPONDENCE.  3 19 

opportunity  will  be  taken  of  transmitting  to  jNIr.  Short  the  necessary 
papers. 

I  mean  to  send  you  copies  of  this  letter  by  various  routes,  and 
sincerely  wish  that  it  may  arrive  seasonably,  and  that  I  may  have 
the  pleasure  of  congratulating  you  on  your  arrival  here  early  in  the 
autumn. 

With  the  best  wishes,  and  my  smcere  esteem  and  regard,  I 
am,  k,c., 

JOHN  JAY. 


FROM    TH03IAS    JEFFERSOX    TO    JOHN    JAY. 

Paris,  August  27,  1789. 

Sir, 

I  am  honored  with  vour  favor  of  June  19th,  informing  me  that 
permission  is  given  me  to  make  a  short  visit  to  my  native  country, 
for  which  indulgence  I  beg  leave  to  return  my  thanks  to  the 
President  and  to  yourself,  sir,  for  the  expedition  vsith  which  you 
were  so  <TOod  as  to  forward  it  after  it  was  obtained.  Being  advised 
that  October  is  the  best  month  of  autumn  for  a  passage  to  America, 
I  shall  wish  to  sail  about  the  first  of  that  month,  and  as  I  have  a 
family  with  me,  and  their  baggage  is  considerable,  I  must  endeavor 
to  find  a  vessel  bound  directly  for  Virginia  if  possible. 

My  last  letters  to  you  have  been  of  the  5th  and  12th  instant. 
Since  these,  I  received  information  from  our  bankers  in  Holland  that 
they  had  money  in  hand  sufficient  to  answer  the  demands  for  the 
foreign  officers  and  for  the  captives :  and  that,  moreover,  the  residue 
of  the  bonds  of  the  last  loan  were  engaged.  I  hereupon  wrote  to 
M.  Grand  for  an  exact  estimate  of  the  sum  necessary  for  the  officers. 
He  had  stated  it  to  me  as  being  forty-five  thousand  six  hundred  and 
fifty-two  li\Tes,  eleven  sous,  six  deniers  a  year,  when  I  was  going  to 
Holland  to  propose  the  loan  to  Mr.  Adams,  and  at  that  sum  you  will 
see  it  was  stated  in  the  estimate  we  sent  you  from  Amsterdam.  He 
now  informs  me  it  was  sixty  thousand  three  hundred  and  ninety- 
three  livres,  seventeen  sous,  ten  deniers  a  year.  I  called  on  him  for 
an  explanation.  He  shewed  me  that  his  fii'st  information  agreed 
with  the  only  list  of  the  officers  and  sums  then  in  his  possession,  and 
his  last  with  a  new  list  lately  sent  from  the  Treasury  Board,  in  which 


320  THOMAS  JEFFERSON-JOHN  JAY. 

Other  ofHcers  were  set  dowTi  who  had  been  omitted  in  the  first.  I 
wrote  to  our  bankers  an  account  of  this  error,  and  desired  to  know 
whether,  after  receiving  the  money  necessary  for  the  captives,  they 
were  in  condition  to  furnish  two  hundred  and  fifty-four  thousand 
livres  for  the  officers.  They  answered  me  by  sending  the  money, 
and  the  additional  sum  of  twenty-six  thousand  Uvres  to  compliete  the 
business  of  the  medals.  I  delivered  the  bills  to  INIessrs.  Grand  and 
company  to  negotiate  and  pay  away ;  and  the  arrears  to  the  officers 
to  the  first  day  of  the  present  year  are  now  in  a  course  of  payment. 
While  on  this  subject,  I  will  ask  that  an  order  may  be  forwarded  to 
the  bankers  in  Holland  to  furnish,  and  to  31.  Grand  to  pay,  the 
arrearages  which  may  be  due  on  the  first  of  January  next.  The 
money  being  in  hand,  it  would  be  a  pity  that  we  should  fail  in 
payment  a  single  day  merely  for  want  of  an  order.  The  bankers 
further  give  it  as  their  opinion  that  our  credit  is  so  much  advanced 
on  the  exchange  of  Amsterdam,  that  we  may  probably  execute  any 
money  arrangements  we  may  have  occasion  for  on  this  side  the 
water.  I  have  the  honor  to  send  you  a  copy  of  their  letter.  They 
have  communicated  to  me  apprehensions  that  another  house  was 
endeavorinii  to  obtain  the  business  of  our  Government.  Knowiuir  of 
no  such  endeavors  myself,  I  have  assured  them  that  1  am  a  stranger 
lo  any  applications  on  the  subject.  At  the  same  time,  I  cannot  but 
suspect  that  this  jealousy  has  been  one  of  the  spurs  at  least  to  the 
prompt  completion  of  our  loan.  The  spirited  proceedings  of  the 
new  Congress  in  the  business  of  revenue  has  doubtless  been  the 
principal  one. 

An  engagement  has  taken  place  between  tlie  Russian  and  Swedish 
fleets  in  the  Baltic,  which  has  been  not  at  all  decisive,  no  ship 
having  been  lost  on  either  side.  The  Swedes  claim  a  victory, 
because  they  remained  in  the  field  till  the  Russians  quitted  it.  The 
latter  effected  a  junction  soon  after  witli  another  part  of  their  fleet, 
and  being  now  about  ten  ships  strongest,  tlie  Swedes  retired  into 
port,  and  it  is  imagined  they  will  not  appear  again  under  so  great 
disparity ;  so  that  tiie  campaign  by  sea  is  supposed  to  be  finished. 
Their  commerce  will  be  at  the  mercy  of  tlieir  enemies ;  but  they 
havf  put  it  out  of  the  power  of  the  Russians  to  send  any  fleet  to  the 
Mediterranean  this  year. 

A  revolution  has  been  efiected  very  suddenly  in  the  bishoprick  of 
Liege.     Their  consliluliun  had  been  changed  by  force  by  the  reigning 


DIPLOMATIC  CORRESPONDENCE.  321 

sovereign,  about  one  hundred  years  ago.  The  subject  has  been 
lately  revived  and  discussed  in  print.  The  people  were  at  length 
excited  to  assemble  tumultuously.  They  sent  for  their  Prince,  who 
was  at  his  country  seat,  and  required  him  to  come  to  the  town-house 
to  hear  their  grievances.  Though  in  the  night,  he  came  instantly, 
and  was  obliged  to  sio;n  a  restitution  of  their  ancient  constitution, 
which  took  place  on  the  spot,  and  all  became  quiet  without  a  drop  of 
blood  spilt.  This  fact  is  worthy  notice,  only  as  it  shows  the  progress 
of  the  spirit  of  revolution. 

No  act  of  violence  has  taken  place  in  Paris  since  my  last,  except 
on  account  of  the  difference  between  the  French  and  the  Swiss 
guards,  which  gave  rise  to  occasional  single  combats,  in  which  five 
or  six  were  killed.  The  difference  is  made  up.  Some  misun- 
derstandings had  arisen  between  the  committees  of  the  different 
districts  of  Paris  as  to  the  form  of  the  future  municipal  government. 
These  gave  uneasiness  for  a  while,  but  have  been  also  reconciled. 
Still  there  is  such  a  leaven  of  fermentation  remaining  in  the  body  of 
the  people,  that  acts  of  violence  are  always  possibly,  and  are  quite 
unpunishable,  there  being,  as  yet,  no  judicature  which  can  venture 
to  act  in  any  case,  however  small  or  great.  The  country  is  becoming 
more  calm.  The  embarrassments  of  the  Government,  for  want  of 
money,  are  extreme.  The  loan  of  thirty  millions  proposed  by 
M.  Necker  has  not  succeeded  at  all.  No  taxes  are  paid.  A  total 
stoppage  of  all  payments  to  the  creditors  of  the  State  is  possible 
every  moment.  These  form  a  great  mass  in  the  city  as  well  as 
country,  and  among  the  lower  class  of  people,  too,  who  have  been 
used  to  carry  their  little  savings  of  their  service  into  the  public  funds, 
upon  life  rents  of  five,  ten,  twenty  guineas  a  year,  and  many  of 
whom  have  no  other  dependence  for  daily  subsistence.  A  prodigious 
number  of  servants  are  now  also  thrown  out  of  employ  by  domestic 
reforms,  rendered  necessary  by  the  late  events.  Add  to  this  the 
want  of  bread,  which  is  extreme.  For  several  days  past  a  consider- 
able proportion  of  the  people  have  been  without  bread  altogether; 
for  though  the  new  harvest  is  begun,  there  is  neither  water  nor  wind 
to  grind  the  grain.  For  some  days  past  the  people  have  besieged 
the  doors  of  the  bakers,  scrambled  with  one  another  for  bread, 
collected  in  squads  all  over  the  city,  and  need  only  some  slight 
incident  to  lead  them  to  excesses  which  may  end  in  nobody  can  tell 
Vol.  II.— 21 


322  THOMAS  JEFFERSON— JOHN  JAY. 

what.  The  danger  from  want  of  bread,  however,  which  is  the  most 
imminent,  will  certainly  lessen  in  a  few  days.  What  turn  that  may 
take  which  arises  from  the  want  of  money  is  difficult  to  be  foreseen. 
M.  iVecker  is  totally  without  influence  in  the  National  Assembly,  and, 
as  I  believe,  not  satisfied  with  this  want  of  importance.  That 
Assembly  has  just  furnished  their  bill  of  rights.  The  question  will 
then  be,  whether  to  take  up  the  first  constitution  or  the  business  of 
finance. 

No  plan  of  a  constitution  has  been  yet  given  in.  But  I  can  state 
to  you  the  outlines  of  what  the  leading  members  have  in  contempla- 
tion. The  executive  power  in  a  hereditary  King,  with  power  of 
dissolving  the  Legislature,  and  a  negative  in  their  laws ;  his  authority 
in  forming  treaties  to  be  greatly  restrained.  The  legislative  to  be  a 
single  House  of  Representatives,  chosen  for  two  or  three  years.  They 
propose  a  body,  whom  they  call  a  Senate,  to  be  chosen  by  the 
Provincial  Assemblies,  as  our  Federal  Senate  is,  but  with  no  power 
of  negativing  or  amending  laws ;  they  may  only  remonstrate  on  them 
to  the  representatives,  who  will  decide  by  a  simple  majority  the 
ultimate  event  of  the  law.  This  body  will,  therefore,  be  a  mere 
council  of  revision.  It  is  proposed  that  they  shall  be  of  a  certain 
age  and  property,  and  be  for  life.  They  may  make  them  also  their 
court  of  impeachment.  Tliey  will  suppress  the  Parliaments,  and 
estabhsli  a  system  of  judicature  somewhat  like  that  of  England,  with 
trial  by  jury  in  criminal  cases,  perhaps  also  in  civil.  Each  province 
will  have  a  subordinate  provincial  government,  and  the  great  cities, 
a  municipal  one,  on  a  free  basis.  These  are  the  ideas  and  views  of 
the  most  distinguished  members.  But  they  may  suffer  great  modifi- 
cations from,  the  Assembly,  and  the  longer  the  delay,  the  greater 
will  be  the  modifications.  Considerable  interval  having  taken  place 
since  any  popular  execution,  the  aristocratic  party  is  raising  its  head. 
They  are  strengthened  by  a  considerabh-  dcfertion  from  the  patriots, 
in  consequence  of  the  general  suppression  of  llie  abuses  of  the  4th 
of  August,  in  which  many  wen^  interested.  Another  faction,  too, 
of  the  juosi  (lcsj)crate  views  has  accpiired  strength  in  tlu;  Assembly, 
as  well  as  out  of  it.  These  wish  to  drthron(>.  the  reigning  branch, 
and  transfer  the  crown  to  the  Diikc^  d'Orleans.  Tin;  members  of 
this  faction  arc  mostly  persons  of  wicked  and  desperate  fortunes,  who 
have  nothing  at  heart  but  to  pillage  from  the  wreck  of  their  country. 


DIPLOMATIC  CORRESPONDENCE.  333 

The  Duke  himself  is  as  unprincipled  as  his  followers ;  sunk  into 
debaucheries  of  the  lowest  kind,  and  incapable  of  quitting  them  for 
business;  not  a  fool,  yet  not  head  enough  to  conduct  any  thing.  In 
fact,  I  suppose  him  used  merely  as  a  tool,  because  of  his  immense 
wealth,  and  that  he  acquired  a  certain  degree  of  popularity  by  his 
first  opposition  to  the  Government,  then  credited  to  him  as  upon 
virtuous  motives.  He  is  certainly  borrowing  money  on  a  large  scale. 
He  is  in  understanding  with  the  Court  of  London,  where  he  had 
been  long  on  habits  of  intimacy.  The  Ministry  here  are  apprehen- 
sive that  that  Ministry  will  support  his  designs  by  war.  I  have  no 
idea  of  this,  but  no  doubt,  at  the  same  time,  that  they  will  furnish 
him  money  liberally  to  aliment  a  civil  war,  and  prevent  the  regen- 
eration of  this  country. 

It  was  suggested  to  me  some  days  ago  that  the  Court  of  Versailles 
were  treating  with  that  of  London,  for  a  surrender  of  their  West 
India  possessions,  in  consideration  of  a  great  sum  of  money  to  relieve 
their  present  distress.  Every  principle  of  common  sense  was  in 
opposition  to  this  fact,  yet  it  was  so  affirmed  as  to  merit  inquiry.  I 
became  satisfied  that  the  Government  had  never  such  an  idea,  but 
that  the  story  was  not  without  foundation  altogether ;  that  something 
like  this  was  in  contemplation  between  the  faction  of  Orleans  and 
the  Court  of  London,  as  a  means  of  obtaining  money  from  that 
Court.  In  a  conversation  with  the  Count  de  Montmorin,  two  days 
ago,  he  told  me  their  colonies  were  speaking  a  language  which  gave, 
them  uneasiness,  and  for  which  there  was  no  foundation.  I  asked 
him  if  he  knew  anything  of  what  I  had  just  mentioned.  He 
appeared  unapprized  of  it,  but  to  see  at  once  that  it  would  be  a 
probable  speculation  between  the  two  parties  circumstanced  and 
principled  as  those  two  are.  I  apologized  to  him  for  the  inquiries  I 
had  made  in  this  business,  by  observing  that  it  would  be  much  against 
our  interest,  that  any  one  Power  should  monopolize  all  the  West 
India  Islands.     "  Pardi  assiirement,'^  was  his  answer. 

The  emancipation  of  their  islands  is  an  idea  prevailing  in  the 
minds  of  several  members  of  the  National  Assembly,  particularly 
those  most  enlightened  and  most  liberal  in  their  views.  Such  a  step 
by  this  country  would  lead  to  other  emancipations  or  revolutions  in 
the  same  quarter. 

I  enclose  you  some  papers,  received  from  Mr.  Carmichael,  relative 
to  the  capture  of  one  of  our  vessels  by  a  Morocco  cruiser,  and 


324  THOMAS  JEFFERSON— JOHN  JAY. 

restitution  by  the  Emperor.  I  shall  immediately  write  to  M.  Chiappe 
to  express  a  proper  sense  of  the  Emperor's  friendly  dispositions  to 
us.  I  forward,  also,  the  public  papers  to  the  present  date,  and  have 
the  honor  to  be,  &lc., 

TH:  JEFFERSON. 


FROM   THOMAS    JEFFERSON   TO    JOHN   JAY. 

Paris,  September  19,  1789. 

Sir, 

I  had  the  honor  of  addressing  you  on  the  30th  of  the  last  month. 
Since  that,  I  have  taken  the  liberty  of  consigning  to  you  a  box  of 
officers'  muskets,  containing  half  a  dozen,  made  by  the  person  and 
on  the  plan  which  I  mentioned  to  you  in  a  letter  which  1  cannot 
turn  to  at  this  moment;  but  I  think  it  was  of  the  year  1785.  A 
more  particular  account  of  them  you  will  find  in  the  enclosed  copy 
of  a  letter  which  I  have  written  to  General  Knox.  The  box  is 
marked  T.  J.,  No.  36 — is  gone  to  Havre,  and  will  be  forwarded 
to  you  by  the  first  vessel  bound  to  New  York,  by  Mr.  Nathaniel 
Cutting,  an  American  gentleman,  establishing  himself  there. 

Recalling  to  your  mind  the  account  I  gave  you  of  the  number 
and  size  of  ships  fitted  out  by  the  English  last  year  for  the  northern 
whale  fishery,  and  comparing  with  it  what  they  have  fitted  out  this 
year  for  the  same  fishery,  the  comparison  will  stand  thus : 

Year.  Vessels.  Tons.  Men. 

1788 255         75,436         10,710 

1789 178         51,173  7,476 

Diflference 77         23,963  3,234 

By  which  you  will  perceive  that  they  have  lost  a  third  of  that 
fishery  in  one  year,  which  I  think  almost  entirely — if  not  quite — 
ascrihaJjle  to  the  shutlitig  the  French  ports  against  their  oil.  1  have 
no  account  of  their  southern  fishery  of  the  present  year. 

As  soon  as  I  was  informed  that  our  bankers  had  tlw;  money  ready 
for  the  redemption  of  our  captives,  I  went  to  the  (General  of  tho 
Order  of  the  Holy  Trinity,  who  retained  all  his  dispositions  to  aid 
us  in  that  business.     Having  a  very  confidential  agent  at  Marseilles, 


DIPLOMATIC  CORRESPONDENCE.  325 

better  acquainted  than  himself  with  the  details,  he  wrote  to  him  for 
his  opinion  and  information  on  the  subject.  I  enclose  you  a  copy 
of  his  answer,  the  original  of  which  was  communicated  to  me.  I 
thereupon  have  authorized  the  General  to  go  as  far  as  three  thousand 
livres  a  head  for  our  captives ;  and  for  this  purpose  to  adopt  the 
plan  proposed  of  sending  one  of  his  own  religion  at  our  expense, 
(which  will  be  small,)  or  any  other  plan  he  thinks  best.  The 
honesty  and  goodness  of  his  character  places  us  in  safety  in  his 
hands.  To  leave  him  without  any  hesitation  in  engaging  himself  for 
such  a  sum  of  money,  it  was  necessary  to  deposit  it  in  a  banker's 
hands  there.  M.  Grand's  were  agreeable  to  him,  and  I  have  there- 
fore desired  our  banker  at  Amsterdam  to  remit  it  here.  I  do  not 
apprehend  in  the  progress  of  the  present  revolution  anything  like  a 
general  bankruptcy,  which  should  pervade  the  whole  class  of  bankers. 
Were  such  an  event  to  appear  imminent,  the  excessive  caution  of 
the  house  of  Grand  h  Company  establishes  it  in  the  general 
opinion  as  the  last  that  would  give  way,  and  consequently  would 
give  time  to  withdraw  this  money  from  their  hands.  Mr.  Short  will 
attend  to  this,  and  will  withdraw  the  money  on  the  first  well-founded 
appearance  of  danger.  He  has  asked  me  what  he  shall  do  with  it  ? 
Because  it  is  evident,  that  when  Grant  cannot  be  trusted,  no  other 
individual  at  Paris  can,  and  a  general  bankruptcy  can  only  be  the 
effect  of  such  disorders  as  would  render  every  private  house  an 
insecure  deposit.  I  have  not  hesitated  to  say  to  him,  in  such  an 
event,  "  Pay  it  to  the  Government."  In  this  case,  it  becomes  only 
a  change  of  destination,  and  no  loss  at  all.  But  this  has  passed 
between  us  for  greater  caution  only,  and  on  the  worst  case  supposable ; 
for  though  a  suspension  of  payment  by  Government  might  affect  the 
bankers  a  little,  I  doubt  if  any  of  them  have  embarked  so  much  in 
the  hands  of  Government  as  to  endanger  failure,  and  especially  as 
they  have  had  such  long  warning. 

You  will  have  known  that  the  ordinance  passed  by  M.  de  Chillon, 
in  St.  Domingo,  for  opening  ports  to  our  importations  in  another 
part  of  the  island,  was  protested  against  by  Marbois.  He  had 
always  led  the  Count  de  la  Luzerne  by  the  nose  while  Governor  of 
that  island.  Marbois's  representations,  and  Luzerne's  prepossessions 
against  our  trade  with  their  colonies,  occasioned  him,  as  Minister  of 
that  department,  not  only  to  reverse  the  ordinance,  but  to  recall 
Chillon,  and  send  out  a  successor.     Chillon  has  anived  here,  and 


326  THOMAS  JEFFERSON-JOIIN  JAY. 

haNnng  rendered  himself  very  popular  in  the  islands,  their  deputies 
in  the  National  Assembly  have  brought  the  question  before  them. 
The  Assembly  has  done  nothing  more  as  yet  than  to  appoint  a  com- 
mittee of  inquiry.  So  much  of  Chillon's  ordinance  as  admitted  the 
importation  of  our  provisions  is  continued  for  a  time.  M.  de  INIarbois, 
too,  is  recalled ;  I  know  not  why  or  how.  M.  de  la  Luzerne's 
conduct  will  probably  come  under  view  only  incidentally  to  the 
general  question  urged  by  the  colony  deputies,  whether  they  shall 
not  be  free  in  future  to  procure  provisions  where  they  can  procure 
them  cheapest.  But  the  deputies  are  disposed  to  treat  M.  de  la 
Luzerne  roughly.  This,  with  the  disgrace  of  his  brother,  the  Bishop 
deLangres,  turned  out  of  the  Presidentship  of  the  National  Assembly 
for  partiality  in  office  to  the  aristocratic  principles,  and  the  disfavor 
of  the  Assembly  towards  M.  de  la  Luzerne  himself,  as  having  been 
formerly  of  the  plot  (as  they  call  it)  with  Breteuil  and  Broglio,  will 
probably  occasion  him  to  be  out  of  office  soon. 

The  Treasury  Board  have  no  doubt  attended  to  the  necessity  of 
giving  timely  orders  for  the  payment  of  the  February  interest  at 
Amsterdam.  I  am  well  informed  that  our  credit  is  now  the  fu-st  at 
that  exchange,  (England  not  borrowing  at  present.)  Our  five  per 
cent,  bonds  have  risen  to  nmety-sevcn  and  ninety-nine.  They  have 
been  heretofore  at  ninety-three.  There  are  at  this  time  several 
companies  and  individuals  here,  in  England  and  Holland,  negotiating 
to  sell  large  parcels  of  our  liquidated  debts.  A  bargain  was 
concluded  by  one  of  these  the  other  day  for  six  hundred  tliousand 
dollars.  In  the  present  state  of  our  credit,  every  dollar  of  this  debt 
will  probably  be  transferred  to  Europe  within  a  short  lime. 

Siptcmbcr  20?A. — The  combination  of  bankers  and  otlier  minis- 
terial tools  had  led  me  into  the  error  (when  I  wrote  my  la-^t  letter) 
into  which  they  had  led  most  people,  that  the  loan  lat<'ly  opened 
here  went  on  well.  The  tnuh  is  that  very  little  has  been  borrowed, 
perhaps  not  more  than  six  or  eight  millions.  The  King  and  his 
Ministers  were  yesterday  to  carry  their  plate  to  the  Mint.  The 
ladies  ar(!  giving  up  their  j(;wels  to  the  National  Assembly.  A 
contribution  of  p!;it(!  in  the  time  of  Ix)uis  XV.  is  said  to  have  carried 
about  fight  millions  to  the  Treasury.  Plate  is  much  more  common 
now,  and,  therefore,  if  the  example  prevail  now  in  the  same  degree 
it  did  then,  it  will  produce  more.  The  contribution  of  jmvels  will 
hardly  be  general,  and  will  be  unproductive.     M.  Necker  is,  on  the 


DIPLOMATIC  CORRESPONDENCE.  337 

25th,  to   go    to    the  Assembly  to   make    some    proposition.      The 
hundredth  penny  is  talked  of. 

The  Assembly  proceeds  slowly  in  the  forming  their  Constitution. 
The  original  vice  of  their  numbers  causes  this,  as  well  as  a  tumultuous 
manner  of  doing  business.  They  have  voted  that  the  elections  of 
the  Legislature  shall  be  biennial ;  that  it  shall  be  a  single  body ;  but 
they  have  not  yet  decided  what  shall  be  its  number,  or  whether  they 
shall  be  all  in  one  room,  or  in  two,  (which  they  call  a  division  into 
sections.)  They  have  determined  that  the  King  shall  have  a 
suspensive  and  iterative  veto ;  that  is,  that  after  negativing  a  law,  it 
cannot  be  presented  again  until  after  a  new  election.  If  he  negatives 
it  then,  it  cannot  be  presented  a  third  time  till  after  another  new 
election.  If  it  be  then  presented,  he  is  obliged  to  pass  it.  This  is 
perhaps  justly  considered  as  a  more  useful  negative  than  an  absolute 
one,  which  a  King  would  be  afraid  to  use.  M.  Necker's  influence 
with  the  Assembly  is  nothing  at  all.  Having  written  to  them,  by 
order  of  the  King,  on  the  subject  of  the  veto  before  it  was  decided, 
they  refused  to  let  his  letter  be  read.  Again,  lately,  when  they 
desired  the  sanction  of  the  King  to  their  proceedings  of  the  4th  of 
August,  he  wrote,  in  the  King's  name,  a  letter  to  them,  remonstrating 
against  an  immediate  sanction  of  the  whole ;  but  they  persisted,  and 
the  sanction  was  given.  His  disgust  at  this  want  of  influence, 
together  with  the  great  difficulties  of  his  situation,  make  it  believed 
tliat  he  is  desirous  of  resisnino-. 

The  public  stocks  were  extremely  low  the  day  before  yesterday. 
The  caisse  d'escompte  at  three  thousand  six  hundred  and  forty,  and 
the  loan  of  one  hundred  and  twenty-five  millions,  of  1784,  was  at 
fifteen  per  cent.  loss.     Yesterday  they  rose  a  little. 

The  sloth  of  the  Assembly  (unavoidable  from  their  number)  has 
done  the  most  sensible  injury  to  the  public  cause.  The  patience  of 
a  people  who  have  less  of  that  quality  than  any  other  nation  in  the 
world,  is  worn  thread-bare.  Time  has  been  given  to  the  Aristocrats 
to  recover  from  their  panic,  to  cabal,  to  sow  dissensions  in  the 
Assembly,  and  distrust  out  of  it.  It  has  been  a  misfortune  that  the 
King  and  Aristocracy  together  have  not  been  able  to  make  a 
sufficient  resistance  to  hoop  the  Patriots  in  a  compact  body.  '  Having 
no  common  enemy  of  such  force  as  to  render  their  union  necessary, 
they  have  suffered  themselves  to  divide.  The  Assembly  now 
consists  of  four  distinct  parties. 


328  THOMAS  JEFFERSON-JOHN  JAY. 

1.  The  Aristocrats,  comprehending  the  higher  members  of  the 
clergy,  mihtary,  nobihty,  and  the  Parliaments  of  the  whole  kingdom. 
This  forms  a  head  without  a  body. 

2.  The  moderate  Royalists,  who  wish  for  a  Constitution  nearly 
similar  to  that  of  England. 

3.  The  Republicans,  who  are  willing  to  let  their  first  magistracy 
be  hereditary,  but  to  make  it  verj^  subordinate  to  the  Legislature, 
and  to  have  that  Legislature  consist  of  a  single  chamber. 

4.  The  faction  of  Orleans. 

The  second  and  third  descriptions  are  composed  of  honest,  well- 
meaning  men,  diifering  in  opinion  only,  but  both  wishing  the 
establishment  of  as  great  a  degree  of  liberty  as  can  be  preserved. 
They  are  considered,  together,  as  constituting  the  patriotic  part  of 
tlie  Assembly,  and  they  are  supported  by  the  soldiery  of  the  army, 
the  soldiery  of  the  clergy,  that  is  to  say,  the  cures  and  monks,  the 
dissenters,  and  part  of  the  nobility,  which  is  small,  and  the  substantial 
Bourgeois  of  the  whole  nation.  The  part  of  these,  collected  in  the 
cities,  have  fornied  themselves  into  municipal  bodies,  have  chosen 
municipal  representatives,  and  have  organized  an  armed  corps, 
considerably  more  numerous  in  the  whole  than  the  regular  army. 
Tiiey  have  also  the  INIinistry,  such  as  it  is,  and  as  yet  the  King. 
Were  the  second  and  third  parties,  or  rather  these  sections  of  the 
same  party,  to  separate  entirely,  this  great  mass  of  power  and  wealth 
would  be  split,  nobody  knows  how.  But  I  do  not  think  they  will 
separate,  because  they  have  the  same  honest  views ;  because  each 
being  confident  of  the  rectitude  of  the  other,  there  is  no  rancor 
between  them ;  because  they  retain  the  desire  of  coalescing.  In 
order  to  effect  this,  they  not  long  ago  proposed  a  conference,  and 
desired  it  might  be  at  my  house,  which  gave  me  an  opportunity  of 
judging  of  their  views.  They  discussed  together  their  points  of 
diiirronce  for  six  hours,  and  in  the  course  of  discussion  agreed  on 
mutual  sacrifices.  The  effect  of  this  agreement  has  been  consid- 
erably dt'fratcd  by  the  subsequent  jiroreediiigs  of  the  Assembly,  but 
I  do  not  know  that  it  has  been  through  any  infidelity  of  the  learlers 
to  the  compromise  they  had  agreed  on.  Another  powerful  bond  of 
Jjnion  between  these  two  parties,  is  our  friend  tiie  Marquis  de  la 
Fayette.  He  h-ft  the  Assembly  wliih;  they  as  yet  formed  but  one 
party.  His  attachment  to  both  is  equal,  and  he  labors  incessantly 
to  keep  them  together.     Should  he  be  obliged  to  lake  part  against 


DIPLOMATIC  CORRESPONDENCE. .  329 

either,  it  will  be  against  that  which  shall  first  pass  the  rubicon  of 
conciliation  with  the  other.  I  should  hope,  in  this  event,  that  his 
weight  A^'ould  be  sufficient  to  turn  the  scale  decidedly  in  favor  of  the 
other.  His  command  of  the  armed  militia  of  Paris,  (thirty  thousand 
in  number,  and  comprehending  the  French  guards,  who  are  five 
thousand  regulars,)  and  his  influence  with  the  municipality  would 
secure  their  city.  And  though  the  armed  militia  and  municipalities 
of  the  other  cities  are  in  no  wise  subordinate  to  those  of  Paris,  yet 
they  look  up  to  them  with  respect,  and  look  particularly  to  the 
]\Iarquis  de  la  Fayette  as  leading  always  to  the  rights  of  the  people. 
This  turn  of  things  is  so  probable  that  I  do  not  think  either  section 
of  the  Patriots  will  venture  on  any  act  which  will  place  themselves 
in  opposition  to  him. 

This  being  the  face  of  things,  troubled  as  you  will  perceive,  civil 
war  is  much  talked  of  and  expected ;  and  this  talk  and  expectation 
has  a  tendency  to  beget  it.  What  are  the  events  which  may  pro- 
duce it?  1.  The  want  of  bread,  were  it  to  produce  a  commence- 
ment of  disorder,  might  ally  itself  to  more  permanent  causes  of 
discontent,  and  thus  continue  the  effect  beyond  its  first  cause.  The 
scarcity  of  bread,  which  continues  ver}^  great  amidst  a  plenty  of 
corn,  is  an  enigma  which  can  be  solved  only  by  observing,  that  the 
furnishing  the  city  is  in  the  new  municipality,  not  yet  masters  of 
their  trade.  2.  A  public  bankruptcy.  Great  numbers  of  the  lower, 
as  well  as  the  higher,  classes  of  the  citizens  depend  for  subsistence 
on  their  property  in  the  public  funds.  3.  The  absconding  of  the 
King  from  Versailles.  This  has  for  some  time  been  apprehended  as 
possible.  In  consequence  of  this  apprehension,  a  person  whose 
infoHBation  would  have  weight  wrote  to  the  Count  de  JMontmorin, 
abjuring  him  to  prevent  it  by  every  possible  means,  and  assuring  him 
that  the  flight  of  the  King  would  be  the  signal  of  a  St.  Barthelemi 
against  the  aristocrats  in  Paris,  and  perhaps  through  the  Kingdom. 
M.  de  Montmorin  shewed  the  letter  to  the  Queen,  who  assured  him 
solemnly  that  no  such  thing  was  in  contemplation.  His  shewing  it 
to  the  Queen  proves  he  entertained  the  same  mistrust  with  the 
public.  It  may  be  asked,  what  is  the  Queen  disposed  to  do  in  the 
present  situation  of  things?  Whatever  rage,  pride,  and  fear  can 
dictate  in  a  breast  which  never  knew  the  presence  of  one  moral 
restraint. 

Upon  the  whole,  I  do  not  see  it  as  yet  probable  that  any  actual 
commotion  will  take  place ;  and  if  it  does  take  place,  I  have  strong 


330  THOMAS  JEFFERSON— JOHN  JAY. 

confidence  that  tlie  patriotic  party  will  hold  together,  and  their  party 
in  the  nation  be  what  I  have  described  it.  In  this  case,  there  would 
be  against  them  the  aristocracy  and  the  faction  of  Orleans.  This 
consists,  at  this  time,  of  only  the  Catalines  of  the  Assembly,  and 
some  of  the  lowest  descriptions  of  the  mob.  Its  force,  ivithin  the 
Kingdom,  must  depend  on  how  much  of  this  last  kind  of  people  it 
can  debauch  with  money  from  its  present  bias  to  the  right  cause. 
This  bias  is  as  strong  as  any  one  can  be,  in  a  class  which  must 
accept  its  bread  from  him  who  will  give  it.  Its  resources  out  of  the 
Kingdom  are  not  known.  Without  doubt,  England  will  give  money 
to  produce  and  feed  the  fire,  which  should  consume  this  country ; 
but  it  is  not  probable  she  will  engage  in  open  war  for  that.  If 
foreign  troops  should  be  furnished,  it  would  be  most  probably  by 
the  King  of  Prussia,  who  seems  to  offer  himself  as  the  bull-dog  of 
tyranny  to  all  his  neighbors.  He  might,  too,  be  disturbed  by  the 
contagion  of  the  same  principles  gaining  his  own  subjects,  as  they 
have  done  those  of  the  Austrian  Netherlands,  Leige,  Cologne,  and 
Hesse  Cassel.  The  army  of  the  latter  Prince,  joining  with  his 
subjects,  are  said  to  have  possessed  themselves  of  the  treasures  he 
had  amassed,  by  hiring  troops  to  conquer  us,  and  by  other  iniquities. 
Fifty-four  millions  of  livres  is  the  sum  mentioned.  But  all  these 
means,  external  and  internal,  must  prove  inadequate  to  their  ultimate 
object,  if  the  nation  be  united,  as  it  is  at  present.  Expecting,  ^^ithin 
a  lew  days,  to  leave  Paris,  and  that  this  is  my  last  letter  on  public 
subjects,  I  have  indulged  myself  in  giving  you  a  general  view 
of  things  as  they  appear  to  me  at  the  time  of  my  leaving  them. 
Mr,  Short  will  have  the  honor  of  continuing  the  narration,  and  of 
correcting  it,  where  circumstances  unknown  or  unforeseen  may  give 
a  different  turn  to  events. 

I  have  the  honor  to  be,  ^c,  Til :  JEFFERSON. 


-o- 


FIIOM    THOMAS    JEFFERSON    TO    JOHN    JAY. 

Iliivrc,  Siptrniljcr  30,  1789. 

Dear  Sir, 

No  convenient  shij)  having  oflered  from  any  port  of  France,  I 

have  engaged  one  from  London  to  take  me  uj)  at  Cowes,  and  am  so 

far  on  my  way  thitJKT.     She  will  land   me   at  Norfolk,  and  as  I  do 

not   know  any  service  that  would   be  rendered  by  my   repairing 


DIPLOMATIC  CORRESPONDENCE.  33 1 

immediately  to  New  York,  I  propose,  in  order  to  economize  time,  to 
go  directly  to  my  own  house,  get  through  the  business  which  calls 
me  there,  and  then  repair  to  New  York,  where  I  shall  be  ready  to 
reembark  for  Europe.  But  should  there  be  any  occasion  for  Gov- 
ernment to  receive  any  information  I  can  give,  immediately  on  my 
arrival  I  will  go  to  New  York  on  receiving  your  orders  at  Richmond. 
They  may  probably  be  there  before  me,  as  this  goes  by  Mr.  Trum- 
bull, bound  directly  for  New  York. 

I  enclose  you  herewith  the  proceedings  of  the  National  Assembly 
on  Saturday  last,  wherein  you  will  perceive  that  the  committee  had 
approved  the  plan  of  M.  Necker.  I  can  add,  from  other  sure 
hiformation  received  here,  that  the  Assembly  adopted  it  the  same 
evening.  This  plan  may  possibly  keep  their  payments  alive  till  their 
new  Government  gets  into  motion,  though  I  do  not  think  it  very 
certain.  The  public  stocks  lowered  so  exceedingly  the  last  days  of 
my  stay  at  Paris,  that  I  wrote  to  our  bankers  at  Amsterdam  to  desire 
they  would  retain  till  further  orders  the  thirty  thousand  gilders,  or  so 
much  of  it  as  had  not  yet  come  on.  As  to  what  might  be  already 
coming  on,  I  recommended  to  Mr.  Short  to  go  and  take  the  accept- 
ance himself,  and  keep  the  bill  in  his  own  hands  till  the  time  of 
payment.  He  will  by  that  time  see  what  is  best  to  be  done  with 
the  money. 

In  taking  leave  of  Monsieur  de  Montmorin,  I  asked  him  whether 
their  West  India  ports  would  continue  open  to  us  awhile  ?  He  said 
they  would  be  immediately  declared  open  till  Febmary;  and  we 
may  be  sure  they  will  be  so  till  the  next  harvest.  He  agreed  with 
me  that  there  would  be  two  or  three  months'  provision  for  the  whole 
kingdom  wanting  for  the  ensuing  year.  The  consumption  of  bread 
for  the  whole  kingdom  is  two  millions  of  livres  Tournois  a  day.  The 
people  pay  the  real  price  of  their  bread  everywhere,  except  at  Paris 
and  Versailles.  There  the  price  is  suffered  to  vary  very  little  as  to 
them,  and  Government  pays  the  difference.  It  has  been  supposed 
that  this  difference  for  some  time  past  has  cost  a  million  a  week.  I 
thought  the  occasion  favorable  to  propose  to  INlonsieur  de  IMontmorin 
the  free  admission  of  our  salted  provisions,  observing  to  him  particu- 
larly, that  our  salted  beef  from  the  Eastern  States  could  be  dealt  out 
to  the  people  of  Paris  for  five  or  six  sous  the  pound,  which  is  but 
half  the  common  price  they  pay  for  fresh  beef;  that  the  Parisian, 
paying  less  for  his  meat,  might  pay  more  for  his  bread,  and  so  relieve 


332  THOMAS  JEFFERSON-JOHN  JAY. 

Government  from  its  enormous  loss  on  that  article.  His  ideas  of 
this  resource  seemed  unfavorable.  We  talked  over  the  objections  of 
the  supposed  unhealthiness  of  that  food,  its  tendency  to  produce 
scurv}%  the  chance  of  its  taking  with  a  people  habituated  to  fresh 
meat,  their  comparative  qualities  of  rendering  vegetables  eatable, 
and  the  interests  of  the  gahelhs.  He  concluded  with  saying  the 
experiment  might  be  tried  ;  and  with  desiring  me  to  speak  with  Mr. 
Necker.  I  went  to  iNIr.  IVeckcr,  but  he  had  gone  to  the  National 
Assembly.  On  my  return  to  Paris,  therefore,  I  wrote  to  him  on  the 
subject,  going  over  the  objections  \\  hich  jNIonsieur  de  ^Nlontmorin  had 
started.  INIr.  Short  was  to  carry  the  letter  himself  and  pursue  the 
subject. 

Having  observed  that  our  commerce  to  Ha\Te  is  considerably  on 
the  increase,  and  that  most  of  our  vessels  coming  there,  and  especially 
those  from  the  eastward,  are  obliged  to  make  a  voyage  round  the 
neighborhood  of  the  Loire  and  Garonne  for  salt,  a  voyage  attended 
with  expense,  delay,  and  more  risk,  I  have  obtained  from  the  Farmers 
General  that  they  shall  be  supplied  from  their  magazines  at  Honfleur, 
opposite  to  Havre,  at  a  mercantile  price.  They  fix  it  at  present  at 
sixty  livres  the  muid,  which  comes  to  about  fifteen  sous,  or  seven 
and  a  half  pence  sterling,  our  bushel;  but  it  will  vary  as  the  price 
varies  at  the  place  from  which  they  bring  it.  As  this  will  be  a  great 
relief  to  such  of  our  vessels  coming  to  Havre  as  mio;ht  wish  to  take 
back  salt,  it  may,  perhaps,  be  proper  to  notify  it  to  our  merchants. 

I  enclose  you  herewith  Mr.  IVecker's  discourse  to  the  Assembly, 
which  was  not  printed  till  1  left  Paris ;  and  have  the  honor  to 
be,  k,c., 

TH:  JEFFERSON. 


CORRESPONDENCE 


JOHN  ADAMS 


ONE     OF    THE    COJmiSSlONERS     FOR    THE     FORMATION     OF 
TREATIES    OF   AMITY    AND    COMMERCE,  AND    MIN- 
ISTER   PLENIPOTENTIARY  TO   FRANCE, 


THE  ANSWERS  QF  JOHN  JAY, 


SECRETARY    FOR    FOREIGN    AFFAIRS. 


333 


CORRESPONDENCE. 


FROM  JOHN  ADAMS,  MINISTER  PLENIPOTENTIARY,  TO  HIS  EXCELLENCY 
THE    PRESIDENT    OF    CONGRESS. 

London,  November  9,  1783. 
Sir, 

About  the  14th  of  September  I  was  seized  at  Paris  with  a  fever, 
which  proved  to  be  a  dangerous  one,  and  brought  me  very  low,  so 
that  I  was  unable  to  attend  to  any  business  for  some  time.  On  the 
20th  of  October,  in  pursuance  of  the  advice  of  my  friends,  I  set  out 
fi'om  Auteuil,  a  village  in  the  neighborhood  of  Passy,  for  London, 
which  city  I  reached  by  slow  journeys  the  26th.  I  found  my 
strength  increase  as  I  advanced,  and  my  health  is  so  much  improved 
that  I  am  persuaded  the  last  sickness  has  been  of  service  to  me, 
having  never  enjoyed,  since  my  great  sickness  at  Amsterdam,  so 
good  health  as  at  present.  Mr.  Jay  had  set  off  for  London  about 
ten  days  before  me,  and,  since  my  arrival  we  have  been  much 
together,  and  have  found  every  thing  agreeable,  notwithstanding  the 
innumerable  and  incessant  lies  and  nonsense  of  the  newspapers. 

As  I  came  here  in  a  private  capacity  altogether,  I  have  not  visited 
any  one  of  the  Ministers,  nor  any  one  of  the  foreign  Ambassadors, 
and  I  am  inclined  to  think,  upon  the  whole,  that  I  shall  not,  unless 
we  should  receive  the  commission  to  treat  of  commerce,  which 
Congress  resolved  on  the  first  of  last  May,  while  I  stay  here. 

The  Whig  part  of  tlie  present  Administration  are  much  embarrassed 
with  the  Tory  part  and  their  refugees ;  so  tliat  the  spirit  of  the  present 
335 


336  JOHN  ADAMS-JOHN  JAY. 

Administration,  I  must  in  duty  say,  is  not  so  friendly  to  the  United 
States  as  it  ought  to  be  ;  for  want  of  powers,  however,  we  can  reduce 
nothing  to  a  certainty.  We  expect  every  day  to  receive  our  com- 
mission and  instructions. 

INIr.  Hartley  thinks  himself  empowered  to  finish  the  business  with 
us  by  his  former  commission.  The  JMinistry  are  of  the  same  opinion ; 
and  it  is  no  doubt  true,  so  that  as  soon  as  our  commission  and 
instructions  arrive  we  shall  enter  upon  the  conferences.  But  whether 
we  shall  go  to  Paris,  or  Doctor  Franklin  will  come  here,  at  present 
I  know  not.  The  negotiation,  I  am  persuaded,  would  succeed  better 
here  than  at  Paris. 

I  have  the  honor  to  be,  &:c.,  JOHN  ADAMS. 


FROM    JOHN    ADAMS    TO    THE    PRESIDENT    OF    CONGRESS. 

London,  November  13,  1783. 

Sir, 

If  any  one  should  ask  me  what  is  the  system  of  the  present 
Administration,  I  should  answer,  "  to  keep  their  places."  Every 
thing  they  say  or  do  appears  evidently  calculated  to  that  end,  and 
no  ideas  of  public  good,  no  national  object  is  sufiicient  to  interfere 
with  it. 

In  onlcr  to  drive  out  Shelburne,  they  condemned  his  peace,  which 
all  tlie  Whig  part  of  them  would  have  been  very  glad  to  have  made, 
and  have  gloried  in  the  advantages  of  it.  In  order  to  avail  them- 
selves of  the  old  habits  and  prejudices  of  the  nation,  they  now 
pretend  to  cherish  the  principles  of  the  navigation  act,  and  the  King 
has  been  advised  to  recommend  this  in  his  speech,  and  llie  Lords 
have  conunended  it  in  very  strong  terms. 

The  coalition  appears  to  stand  on  very  strong  ground,  the  Lords 
and  great  Conunoners,  who  compose  it,  count  a  great  majority  of 
members  of  the  House  of  Commons,  who  are  returned  by 
themselves,  every  ow.  of  whom  is  a  dead  vote.  They  arc  endeavor- 
ing to  engage  the  IJedford  interest  \s  ilh  them,  in  order  to  strengthen 
themselves  still  more,  by  persuading  Thurlow  to  be  again  Chancellor, 
and  Mr.  Pitt,  whose  personal  popularity  and  family  weight  with 
the  nation  is  very  desirable  for  them,  is  tempted  with  the  place  of 


DIPLOMATIC  CORRESPONDENCE.  337 

Chancellor  of  the  Exchequer,  which  Lord  John  Cavendish,   from 
mere  aversion  to  business,  wishes  to  resign. 

While  they  are  using  such  means  to  augment  their  strength,  they 
are  manifestly  intimidated  at  the  sight  of  those  great  national  objects, 
which  they  know  not  how  to  manage.  Ireland  is  still  in  a  state  of 
fermentation,  throwing  off  the  admiralty,  post  office,  and  every  other 
relic  of  British  parliamentary  authority,  and  contending  for  a  free 
importation  of  their  woolen  manufactures  into  Portugal,  for  the  trade 
to  the  East  Indies,  to  the  United  States  of  America,  and  all  the  rest 
of  the  world,  in  as  ample  manner  as  the  English  enjoy  these  blessings. 
The  Irish  volunteers  are  also  contending  for  a  parliamentary  reform, 
and  a  more  equal  representation  in  their  Houses  of  Commons,  and 
are  assembling,  by  their  delegates,  in  a  Congress  at  Dublin,  to 
accomplish  it.  This  rivalry  of  Ireland  is  terrible  to  the  IVIinistry ; 
they  are  supposed  to  be  at  work  to  sow  jealousies  and  divisions 
between  the  Protestants  and  Catholics  in  Ireland. 

The  East  Indies  exhibit  another  scene  which  will  be  formidable 
to  the  Ministers.  Here  centre  the  hopes  of  England,  and  it  is 
certain  that  no  system  can  be  pursued  N\hich  will  give  universal 
satisfaction.  Some  require  the  Government  to  take  that  whole 
country  into  their  own  hands ;  others  demand  aids  in  cash,  and  troops 
to  the  company.  Opposition  will  be  first  formed  probably  upon 
India  affairs. 

Public  credit  is  the  greatest  object  of  all.  The  necessary  annual 
expense,  comprehending  the  interest  of  the  whole  national  debt, 
funded  and  unfunded,  and  the  peace  establishment,  will  amount  to 
near  seventeen  millions.  The  annual  receipts  of  taxes  have  never 
yet  amounted  to  thirteen  millions.  Here  will  be  a  deficiency  then  of 
near  four  millions  a  year,  which  will  render  an  annual  loan  necessary, 
until  the  debt  will  be  so  increased,  and  the  stock  so  sunk,  that  no 
man  will  lend  his  money.  The  judicious  call  upon  Ministers  for  a 
remedy,  and  ^^'ill  embarrass  with  their  reproaches ;  but  the  stock- 
jobbers are  more  numerous  than  the  judicious,  and  more  noisy. 
These  live  upon  loans,  and  as  long  as  Ministers  borrow  twelve 
millions  a  year,  and  employ  the  stock-jobbers  to  raise  it,  however 
certainly  tlie  measure  tends  to  ruin,  their  clamors  will  be  for 
Ministers.  An  enormous  loan  is  the  most  popular  thing  a  statesman 
can  undertake,  so  certain  is  the  bankruptcy  of  this  country ;  oppo- 
sition will  declaim  upon  this  topic,  but  will  make  no  impression. 
Vol.  II.— 22 


338  JOHN  ADAMS-JOHN  JAY. 

The  United  States  of  America  are  another  object  of  debate.  If 
an  opposition  shall  be  formed  and  concerted,  I  presume  that  one 
fundamental  of  it  will  be  a  liberal  conduct  towards  us.  They  will 
be  very  profuse  in  professions  of  respect,  and  esteem,  and  affection 
for  us  ;  will  pretend  to  wish  for  measures  which  may  throw  a  veil 
over  the  past,  and  restore,  as  much  as  possible,  the  ancient  good  will. 
They  will  be  advocates  for  some  freedom  of  communication  whh 
the  West  Indies,  and  for  our  having  an  equitable  share  of  that 
carrying  trade,  &ic. 

Administration,  on  the  other  hand,  I  am  confident,  will,  with  great 
difficulty,  be  persuaded  to  abandon  the  mean,  contemptible  policy 
which  their  proclamations  exhibit. 

In  my  humble  opinion,  the  only  suitable  place  for  us  to  negotiate 
the  treaty  in  is  London.  Here,  with  the  most  perfect  politeness  to 
the  Ministry,  we  may  keep  them  in  awe.  A  visit  to  a  distinguished 
member  of  the  opposition,  even  if  nothing  should  be  said  at  it, 
would  have  more  weight  with  Ministers  than  all  our  arguments. 
Mr.  Jay  is,  I  believe,  of  the  same  opinion.  But  we  shall  not 
conduct  the  negotiation  here,  unless  Doctor  Franklin  should  come 
over.  Indeed,  if  Congress  should  join  us  in  a  commission  to  treat 
with  other  Powers,  in  my  opinion,  we  might  conduct  the  business 
better  here  than  in  Paris.  I  shall,  however,  cheerfully  conform  to 
the  sentiments  of  my  colleagues. 

The  delay  of  the  commission  is  to  me  a  great  embarrassment.  I 
know  not  whether  to  stay  here,  rettim  to  Paris  or  the  Hague.  I 
hope  every  moment  to  receive  advices  from  Congress,  which  will 
resolve  me. 

I  received  yesterday  a  letter  from  Mr.  Hartley,  \\itli  the  eonij)li- 
ments  of  Mr.  Fox,  and  that  he  should  be  glad  to  see  me,  proposing 
the  hour  of  eleven  to-day ;  which  1  agreed  to.  Mr.  Jay  saw  him 
one  day  this  week.  Mr.  Jay  made  hinj  and  the  Duke  of  Portland 
a  visit  on  his  first  arrival.  They  were  not  at  home.  But  he  never 
heard  from  them  until  my  arrival,  ten  days  or  a  fortnight  after, 
hifcjrined  of  this,  1  concliided  not  to  visit  them,  and  did  not;  but 
after  a  very  long  time,  and,  indeed,  ;iftrr  I\Ir.  Hartley's  return  from 
IJatli,  messages  hav(;  been  sent  to  .Mr.  .lay  and  me  that  INIr.  Fox 
would  be  glad  to  se«;  us.  It  is  merely  for  form  and  to  pn^vent  a  cry 
against  him  in  Parliament  for  not  having  seen  us,  for  not  one  word 
was  said  to  Mr.  J;iy  of  public  affairs,  nor  will  a  word  be  said  to  me. 


DIPLOMATIC  CORRESPONDENCE.  339 

The  real  friendship  of  America  seems  to  me  the  only  thing  which 
can  redeem  this  country  from  total  destruction.  There  are  a  few 
who  think  so  here,  and  but  a  few ;  and  the  present  Ministers  are  not 
among  them,  or,  at  least,  if  they  are  of  this  opinion,  they  conceal  it, 
and  behave  as  if  they  thought  America  of  small  importance.  The 
consequence  will  be  that  little  jealousies,  and  rivalries,  and  resent- 
ments will  be  indulged,  which  will  do  essential  injury  to  this  country 
as  they  happen,  and  they  will  end  in  another  war,  in  which  will  be 
torn  from  this  island  all  her  possessions  in  Canada,  Nova  Scotia,  and 
the  East  and  West  Indies. 

With  great  respect,  &;c.,  JOHN  ADAMS. 


Extracts  from  the  Secret  Journal  of  Foreign  Affairs. 

January  31,  1785. 

On  motion  of  Mr.  R.  R.  Livingston,  seconded  by  Mr.  Pinckney, 
Resolved,  That  a  Minister  Plenipotentiary  be  appointed  to  repre- 
sent the  United  States  of  America  at  the  Court  of  Great  Britain ; 
and  that  the  Secretary  for  Foreign  Affairs  report  instructions  for  such 
Minister. 

February  18,  1785. 

Resolved,  That  no  future  commission  of  a  Minister,  either  gen- 
erally or  specially,  to  any  foreign  Court,  Charge  d' Affaires,  or 
Secretary  to  any  foreign  Legation,  shall  continue  in  force  for  more 
than  three  years,  the  time  from  which  it  is  to  commence  to  be  fixed 
in  the  commission,  at  the  expiration  of  which  period,  unless  re- 
appointed, such  Minister  or  Secretary  shall  cease  to  exercise  such 
office :  Provided  always,  That  such  Minister  or  Secretary  shall  be 
considered  as  at  all  times  subject  to  the  recall  of  Congress,  within 
the  term  limited. 

February  24,  1785. 

Congress  proceeded  to  the  election  of  a  Minister  Plenipotentiary 
to  represent  the  United  States  of  America  at  the  Court  of  Great 
Britam ;  and  the  ballots  being  taken, 


340  JOHN  ADAMS-JOHN  JAY. 

The  Honorable  John  Adams  was  elected,  having  been  previously 
nominated  by  Mr.  Howell. 


Report   of  Instructions  for  the  Minister  Plenipotentiary  of  the 
United  States  at  the  Court  of  London. 

Office  for  Foreign  Affairs,  February  5,  1785. 

Vou  will,  in  a  respectful,  but  firm  manner,  insist  that  the  United 
States  be  put,  without  further  delay,  into  possession  of  all  the  posts 
and  territories  within  their  limits  which  are  now  held  against  them 
by  British  garrisons ;  and  you  will  take  the  earliest  opportunity  of 
transmitting  the  answer  you  may  receive  to  this  requisition. 

You  will  sound  the  disposition  of  the  British  Cabinet  to  join  with 
the  United  States  in  proper  pacific  measures  for  inducing  Spain  to 
cease  opposing  the  free  navigation  of  the  Mississippi,  and  to  that  end 
a  display  of  the  commercial  advantages  which  would  flow  to  them 
through  that  channel  would  probably  prove  a  powerful  inducement. 
You  will  remonstrate  upon  the  infraction  of  the  treaty  of  peace  by 
the  exportation  of  slaves  and  other  American  property,  contrary  to 
the  stipulations  on  that  subject  in  the  article  of  it.     Upon  this 

head  you  will  be  supplied  with  various  authentic  papers  and  docu- 
ments, particularly  the  correspondence  betwen  General  Washington 
and  others  on  the  one  part,  and  Sir  Guy  Carlcton  on  the  other. 

You  will  represent  to  the  British  Ministry  the  strong  and  necessary 
tendency  of  their  restrictions  on  our  trade  to  incapacitate  uiir  mer- 
chants in  a  certain  degree  to  make  remittances  to  theirs.  You  will 
so  manage  your  conferences  with  the  Minister,  on  the  subject  of 
commerce,  as  to  discover  whether  he  is  inclim-d  to  a  conunercial 
treaty  with  us,  and  on  what  terms,  taking  care  not  to  enter  into  any 
engagements  without  tlu;  previous  aj)[)rol)ati()n  ol  Congress.  You 
will  represent  in  strong  terms  the  losses  which  many  of  our,  and  also 
of  their,  merchants  will  sustain,  if  the  former  be  unseasonably  and 
immediati^Iy  press(;d  for  the  payment  of  debts  rontracted  before  the 
war;  and  (if  comj)liance  should  appear  j)robable)  you  will  solicit 
the  interposition  and  influenre  of  (iovcnnncnt  to  prevent  it.  On 
this  subject  you  will  be  finni.slicd  uilli  papers  in  wliich  it  is  amply 
discussed. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  341 

Report  of  Secretary  Jay — Case  of  Blair  McCIenachan. 

Office  for  Foreign  Affairs,  February  10,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom,  on  the  7th  instant,  was  referred  a  letter  from 
Blair  McCIenachan,  dated  at  London,  the  13th  October,  1784, 
reports  thereupon  as  his  opinion, 

That  the  cause  of  the  action  at  law  commenced  against  Mr. 
McCIenachan,  in  the  Court  of  King's  bench  in  England  by  J.  Bragg, 
is  (as  stated  in  his  letter)  unquestionably  ill-founded,  not  being 
warranted  by  the  laws  of  war,  nor  consistent  with  the  treaty  of  peace 
between  that  country  and  this.  But  as  no  judgment  has  as  yet  been 
rendered  in  that  action  against  the  defendant,  and  probably  never 
will  be,  the  commencement  of  it  is  at  present  to  be  considered  as  one 
of  those  inconveniences  to  which  every  man  in  every  country  is 
constantly  and  unavoidably  exposed.  It  not  being  in  the  power  of 
any  government  to  prevent  any  man  from  bringing  suits  which,  on 
trial,  may  appear  absurd  or  vexatious,  all  that  they  can  do  is  to 
give  judgment  against  the  plaintiff,  and  leave  the  defendant  to  the 
legal  remedies  prescribed  for  those  who  may  be  thus  unreasonably 
and  causelessly  vexed. 

The  singular  circumstances  of  Mr.  McClenachan's  case  may, 
perhaps,  receive  some  light  from  the  following  facts,  viz :  On  the 
17th  March,  1783,  the  Legislature  of  the  State  of  New  York  passed 
a  law  in  these  words : 

*'Aii  act  for  granting  more  Effectual  Relief  in  cases  of  certain 

Trespasses. 

"  Be  it  enacted  by  the  people  of  the  State  of  New  York,  repre- 
'sented  in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 

*  authority  of  the  same,  That  it  shall  and  may  be  lawful  for  any 

*  person  or  persons,  who  are  or  were  inhabitants  of  this  State,  and 
'who,  by  reason  of  the  invasion  of  the  enemy,  left  his,  her,  or  their 

*  place  or  places  of  abode,  and  who  have  not  voluntarily  put  themselves 
'respectively  into  the  power  of  the  enemy,  since  they  respectively 
'\eh  their  places  of  abode,  his,  her,  or  their  heirs,  executors  or 
'  administrators,  to  bring  an  action  of  trespass  against  any  person  or 
'persons  who  may  have  occupied,  injured,  or  destroyed  his,  her,  or 
'  their  estate,  either  real  or  personal,  within  the  power  of  the  enemy, 


342  JOHN  ADAMS— JOHN  JAY. 

'or  against  any  person  or  persons  who  shall  have  purchased  or 
'received  any  such  goods  or  effects,  or  against  his,  her,  or  their 
'  heirs,  executors,  or  administrators,  in  any  court  of  record  within  this 
'  State,  having  cognizance  of  the  same,  in  which  action,  if  the  same 
'shall  be  brought  against  the  person  or  persons  who  have  occupied, 
'injured,  or  destroyed,  or  purchased,  or  received  such  real  or  personal 
'  estate  as  aforesaid,  the  defendant  or  defendants  shall  be  held  to  bail ; 
'  and  if  any  such  action  shall  be  brought  in  any  inferior  court  within 
'  this  State,  the  same  shall  be  finally  determined  in  such  court ;  and 
'every  such  action  shall  be  considered  as  a  transitory  action.  That 
'  no  defendant  or  defendants  shall  be  admitted  to  plead  in  justification 
'  any  military  order  or  command  whatever  of  the  enemy  for  such 
'  occupancy,  injury,  destruction,  purchase,  or  receipt,  nor  to  give  the 
'same  in  evidence  on  the  general  issue." 

In  pursuance  of  this  law,  divers  suits  have  been  commenced  and 
determined  in  favor  of  the  plaintiffs,  and  others  are  still  depending 
in  the  courts  of  this  State ;  and  the  Assembly  have,  by  certain 
resolutions,  expressed  their  disapprobation  of  a  judgment  of  the 
Mayor's  Court  of  this  city,  in  which  a  favorable  constmction  was 
given  to  the  law,  which,  in  their  opinion,  was  not  warranted  by  the 
terms  of  it. 

Your  Secretary  considers  this  law,  and  the  operation  of  it  since 
the  peace,  as  contrary  to  the  laws  of  nations  and  the  faith  of  the 
treaty  between  Britain  and  the  United  States ;  and  he  apprehends 
that  the  commencement  of  an  action  against  an  American  citizen  in 
the  King's  Bench  of  England,  on  the  principles  and  in  the  spirit  of 
this  law,  may  have  been  prompted  by  the  example  set  in  this  State. 

All  which  is  humbly  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs,  March  1th, 

1785. 

On  the  report  of  a  committee,  consisting  of  Mr.  Read,  Mr.  Ellery, 
and  ]\Ir.  Hardy,  to  whom  were  referred  the  letters  of  the  .'Jd  and  IGth 
of  November  from  Mr.  Laurens, 

Resolved,  That  in  conformity  to  the  repeated  wishes  heretofore 
expressed  by  the  honorable  Benjamin  Franklin,  Esq.,  ISIinistcr 
I*hnijK)tenliary  from  the  United  States  at  the  Court  of  Versailles,  he 
be  pcnniiied  to  return  to  America  as  soon  as  convenient,  and  that 


DIPLOMATIC  CORRESPONDENCE.  343 

Wednesday  next  be  assigned  for  the  election  of  Minister  Plenipo- 
tentiary to  represent  the  United  States  at  the  Court  of  Versailles. 
On  motion  of  Mr.  King,  seconded  by  Mr.  Pinckney, 
Resolved,  That  it  is  expedient  to  appoint  a  Minister  Plenipoten- 
tiary to  succeed  Mr.  John  Adams  at  the  Court  of  the  United  Nether- 
lands, and  that  Monday  next  be  assigned  for  the  election  of  such 
Minister. 

Congress  took  into  consideration  a  report  of  the  Secretary  for 
Foreign  Affairs,  and  thereupon  agreed  upon  the  following: 

"  Instructions  for  a  Minister  Plenipotentiary  appointed  to  represent 
'the  United  States  of  America  at  the  Court  of  Great  Britain. 

"  Sir :  You  will,  in  a  respectful  but  firm  manner,  insist  that  the 
'United  States  be  put,  without  further  delay,  in  possession  of  all  the 
'  posts  and  territories  within  their  limits  which  are  now  held  by  British 
'  garrisons ;  and  you  will  take  the  earliest  opportunity  of  transmit- 
<  ting  the  answer  you  may  receiv'e  to  this  requisition. 

"  You  will  remonstrate  against  the  infraction  of  the  treaty  of  peace 
'by  the  exportation  of  negroes,  and  other  American  property,  con- 
'trary  to  the  stipulations  on  that  subject,  in  the  seventh  article  of  it. 
'Upon  this  head  you  will  be  supplied  with  various  authentic  papers 
'and  documents,  particularly  the  correspondence  between  General 
'Washington  and  others,  on  the  one  part,  and  Sir  Guy  Carleton  on 
'the  other. 

"You  will  represent  to  tlie  British  Ministry  the  strong  and 
'  necessary  tendency  of  their  restrictions  on  our  trade  to  incapacitate 
'our  merchants,  in  a  certain  degree,  to  make  remittances  to  theirs. 

"  You  will  represent,  in  strong  ternis,  the  losses  which  many  of 
'our,  and  also  of  their,  merchants  will  sustain,  if  the  former  be 
'unseasonably  and  immediately  pressed  for  the  payment  of  debts 
'  contracted  before  the  war.  On  this  subject  you  will  be  furnished 
'with  papers  in  which  it  is  amply  discussed." 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  March  15,  1785. 
Dear  Sir, 

The  enclosed  extracts  from  the  Journal  of  Congress  will  inforai 

you  of  your  appointment  to  go  as  jNIinister  to  the  Court  of  London, 

and  of  Mr.  Smith  being  elected  Secretary  of  Legation. 


344  JOHN  ADAMS— JOHN  JAY. 

I  congratulate  you  on  this  event.  It  argues  the  confidence  reposed 
in  you  by  the  United  States,  and,  I  am  persuaded,  will  redound  to 
your  advantage,  as  well  as  to  your  reputation. 

The  necessary  papers  are  preparing,  and  Mr.  Smith  will  carry 
them  to  you  by  the  next  packet. 

With  great  respect,  kc,  JOHN  JAY. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  March  18,  1785. 

Dear  Sir, 

The  packet  not  sailing  till  to-morrow,  has  put  it  in  my  power  to 
get  your  commission,  instructions,  and  letter  of  credence  com- 
pleted. 

You  will  find  them  herewith  enclosed.  I  also  send  you  another 
parcel,  of  which  Mr.  Randall  is  also  to  take  charge — the  journals 
printed  since  those  with  which,  I  understand,  you  have  already  been 
furnished. 

I  have  the  honor  to  be,  &c.,  JOHN  JAY. 


Extract  from  the  Secret  Journals  of  Congress,  March  I4(h,  1785. 

The  Secretary  for  the  Department  of  Foreign  Affairs  having 
reported  the  form  of  a  commission  to  Mr.  Adams,  appointed  to 
H'pn'Sfuit  tlie  United  States  at  the  Court  of  London,  and  to  Mr,  W.  S. 
Smith,  appointf.'d  Secretary  to  the  said  Legation,  and  the  same  being 
amended  to  read  as  follows : 

The  United  States  of  America  in  Congress  assembled,  to  our  trusty 
(iiul  III  U-helovcd  John  Adam^,  Esfjuire,  send  greeting : 

We.  reposing  especial  trust  anfl  eonndeiicc;  in  your  integrity, 
prudeiiee,  and  abiUty,  have  nominated,  constilutcHJ,  and  apjiointed, 
and  by  these  presents  do  nominate,  constitute,  and  appoint  }ou,  the 
said  Jolm  Adams,  our  Minister  Phuiipotentiary  to  reside  at  the 
(Jourt  of  iiis  IJritannic  Majesty,  and  do  give  you  full  power  and 
authority  there  to  represent  us,  and  to  do  and  perform  all  such 
matters  and  things  as  to  the  said  place  or  oflicc  doth  appertain,  or 


DIPLOMATIC  CORRESPONDENCE.  345 

as  may  by  our  instructions  be  given  unto  you  in  charge.  This 
commission  to  continue  in  force  for  the  space  of  three  years  from  this 
day  unless  sooner  revoked. 

In  testimony  whereof,  we  have  caused  the  seal  of  the  United 
States  to  be  hereunto  affixed. 

Witness,  his  Excellency  R.  H.  Lee,  our  President,  at  the  city  of 

New  York,  this day  of ,  in  the  year  of  our  Lord  one 

thousand  seven  hundred  and  eighty-five,  and  of  our  sovereignty  and 
Independence  the  ninth. 

The  United  States  of  America  in  Congress  assembled,  to  our  trusty 
and  well-beloved  fVilliam  S.  Smith,  Esquire,  send  greeting  : 

We,  reposing  special  trust  and  confidence  in  your  integrity, 
prudence,  and  abihty,  have  nominated,  constituted,  and  appointed, 
and  by  these  presents  do  nominate,  constitute,  and  appoint  you,  the 
said  William  S.  Smith,  Secretary  to  our  Legation  to  his  Britannic 
Majesty. 

This  commission  to  continue  in  force  for  the  space  of  three  years 
from  this  day  unless  sooner  revoked. 

In  testimony  whereof,  we  have  caused  the  seal  of  the  LTnited 
States  to  be  hereunto  affixed. 

Witness,  his  Excellency  R.  H.  Lee,  our  President,  at  the  city  of 

New  York,  this day  of ,  in  the  year  of  our  Lord  one 

thousand  seven  hundred  and  eighty-five,  and  of  our  sovereignty  and 
Independence  the  ninth. 

Ordered,  That  the  said  forms  be  referred  to  the  Secretary  for 
Foreign  Affairs  to  take  order. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  Westminster,  May  29,  1785. 

Dear  Sir, 
I  was  obliged  to  a  letter  from  the  Duke  of  Dorset  to  the  custom- 
house at  Dover,  as  I  suppose  for  the  respect  with  which  my  baggage 
was  allowed  to  pass  without  a  visit,  and  arrived  in  Westminster  on 
the  25th  at  evening.  I  wrote  late  at  night  to  the  Marquis  of 
Gaermarthen  that  1  was  arrived,  and  desired  to  be  informed  at  what 
hour  I  should  call  upon  his  Lordship.  The  next  morning  I  had  an 
answer  that  his  Lordship  would  be  glad  to  see  me  at  one  at  his 


346  JOHN  ADAAIS-JOHN  JAY. 

house,  or  at  four  at  his  office.  I  went  accordingly  at  one  with 
Colonel  Smith,  who  very  luckily  arrived  the  evening  before  me. 
We  were  received  without  loss  of  time,  and  treated  with  great 
politeness.  I  showed  his  Lordship  my  original  commission,  and  left 
him  a  copy.  Colonel  Smith  also  showed  his  commission,  and  left  a 
copy. 

His  Lordship  then  desired  me  to  call  upon  him  at  his  office,  on 
Wednesday  next,  and  he  would  introduce  me  to  his  Majesty  in  his 
private  closet,  after  the  levee,  where  I  should  present  my  letter  of 
credence  ;  and  that,  on  the  next  levee  day,  according  to  the  usage, 
Colonel  Smith  would  also  be  presented  to  his  INIajesty.  I  asked  his 
Lordship's  advice  whether  my  letter  to  the  King  should  be  under 
seal,  and  what  should  be  the  superscription.  He  said  he  would 
make  a  minute  of  it  for  me.  He  has  since  written  to  me  that  it 
must  be  under  seal,  and  mentioned  the  superscription  of  the  States 
General,  and  added  that  it  was  customary  for  all  Foreign  Ministers 
to  leave  with  the  Secretary  of  State  a  copy  of  their  credentials  to 
the  King  or  Queen. 

I  sent  a  copy  accordingly  by  the  Secretary  of  Legation,  who  was 
admitted  to  his  Lordship,  delivered  the  letter,  and  received  a  verbal 
approbation  of  the  proposed  superscription. 

1  have  the  honor  to  enclose  copies  of  all  the  letters  which  have 
passed  between  the  Secretary  of  State  and  me,  numbered  1,  2,  3,  4, 
5,  and  am  sony  I  have  not  time  to  write  more  fully  by  Mr.  Curson. 
But  the  distractions  of  such  occasions  is  excuse  enough.  The 
puzzle  of  finding  lodgings,  a  house,  servants,  liveries,  carriage, 
horses,  making  and  receiving  visits,  getting  my  effects  from  Auteuil 
and  the  Hague,  are  such  as  no  man  can  form  an  idea  of  who  has  not 
passed  through  it. 

With  great  and  sincere  esteem,  &:c.,  JOHN  ADAMS. 


FUOM  JOHN  ADAMS  To  LOUD  CAKIIMARTHEX. 

Mr.  Adams  has  the  honor  to  accjuaint  the  Kight  Honorable  the 
Marquis  of  Caermarlhen  that  he  is  just  arrived  in  town  with 
credentials  from  the  United  States  of  America,  and  desires  to  be 
informed  at  what  hour  lie  may  have  th(^  honor  of  paying  his  respects 
to  his  Ixjrdship. 

Dttih  Hou.1,  May  2G,  1785. 


DIPLOMATIC  CORRESPONDENCE.  347 

FROM    LORD    CAER1«ARTHEN    TO    MR.   ADAMS. 

Lord  Caer^iarthen  presents  his  compliments  to  IMr.  Adams,  and 
shall  be  glad  to  see  Mr.  Adams  this  day,  about  one  o'clock,  in  Gros- 
venor  Square,  or  at  his  office  in  Cleaveland  Row,  about  four,  which- 
ever is  most  convenient  to  IMr.  Adams. 

Grosvenor  Square,  May  27,  1785. 


JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Mr.  Adams  presents  his  compliments  to  the  Right  Honorable  the 
Marquis  of  Caermarthen,  and  will  have  the  honor  of  waiting  on  his 
Lordship  in  Grosvenor  Square,  at  one,  according  to  his  Lordship's 
proposal.  Colonel  Smith,  the  Secretary  to  the  American  Commis- 
sion, will  have  the  honor  of  waiting  on  his  Lordship  at  the  same 
time. 

Bath  Hotel,  May  27,  1785. 


FROM  LORD  CAERMARTHEN  TO  JOHN  ADAMS. 

St.  James's,  May  27,  1785. 

Sir, 

I  forgot  to  mention  to  you  to-day,  when  you  did  me  the  honor  to 
call  upon  me  in  Grosvenor  Square,  that  it  is  customary  for  every 
foreign  iMinister  to  send  the  Secretary  of  State  a  copy  of  the 
credential  letters  they  are  directed  by  their  sovereigns  to  present  to 
his  ^lajesty  or  to  the  Queen.  With  regard  to  the  superscription,  I 
find  the  credentials  of  the  iNIinisters  from  the  States  General  of  the 
United  Provinces  are  only  addressed  "au  Roi  de  la  Grande 
Bretagiie." 

I  believe  I  did  mention  to  you,  sir,  that  the  credential  letters  are 
always  delivered  sealed  into  his  Majesty's  hand. 

I  am,  sir,  &ic.,  CAERMARTHEN. 

FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

London,  May  28,  1785. 
My  Lord, 

I  have  received  the  letter  your  Lordship  did  me  the  honor  to  write 

to  me  yesterday,  and  have  here  enclosed  a  copy  of  the  letter  of 


348  JOHN  ADAMS— JOHN  JAY. 

credence,  which  I  am  directed  by  my  sovereign  to  present  to  his 
Majesty.  I  am  so  unfortunate  as  not  to  have  any  for  the  Queen, 
but  I  know  the  sentiments  of  my  country  and  of  Congress  so  well  as 
to  be  sure  that  this  is  not  owing  to  any  want  of  respect  to  her 
Majesty ;  probably  it  was  merely  the  want  of  information  that  there 
had  ever  been  a  precedent  of  it. 

I  beg  leave  to  propose  to  your  Lordship  that  the  superscription 
should  be,  "  To  his  Majesty  George  the  Third,  King  of  Great 
'Britain,  France,  and  Ireland,  Defender  of  the  Faith,"  &tc.  If  your 
Lordship  should  not  disapprove  of  this,  I  should  prefer  it  to  the 
address  of  the  United  Provinces  as  being  more  respectful. 

With  great  respect,  I  have  the  honor,  he, 

JOHN  ADAMS. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  March  31,  1785. 

Dear  Sir, 

I  have  the  honor  of  transmitting  to  you,  herewith  enclosed,  a 
certified  copy  of  an  act  of  Congress  of  the  21st  instant,  instructing 
you  to  communicate  to  Mr.  St.  Saphorin,  the  high  sense  the  United 
States  in  Congress  assembled  entertain  of  the  liberal  decision  made 
by  his  Danish  Majesty,  on  the  question  proposed  to  his  Minist(>r  by 
you,  respecting  the  or(hnation  of  American  candidates  for  holy  orders 
in  tlie  Episcopal  Church,  connnonly  called  the  Church  of  Eng- 
land. 

Congress  has  been  j)leascd  to  order  and  to  transmit  copies  of  your 
letter  and  the  other  papers  on  lliis  subject  to  tli(!  Executives  of  the 
difTcrent  States;  and  1  am  persuaded  tiiey  will  receive  with  pleasure 
this  mark  of  your  attention,  and  of  his  Danish  Majesty's  friendly 
disjKJsitioii. 

1  have  the  honor  to  be,  &ic.,  JOHN   JAY. 


Extract  from  the   Secret  Jtninnil  of  J\)reig)i  Affairs,  March  21, 

()i\  the  report  of  a  eonniiillee  consisting  of  !Mr.   Ilolton,  Mr.  W. 
C.    IIuusicjM,    .Mr.   Ucad,    Mr.  Bedford,  and   Mr.   Hardy,  to  whom 


DIPLOMATIC  CORRESPONDENCE.  349 

were  referred  sundry  letters  from  the  Ministers  of  the  United  States 
at  foreign  Courts, 

Resolved,  That  the  Minister  Plenipotentiary  from  the  United 
States  to  the  States  General  of  the  United  Netherlands  be  instructed 
to  communicate  to  Monsieur  de  St.  Saphorin,  Envoy  Extraordinary 
from  his  Danish  Majesty  to  the  States  General,  the  high  sense  the 
United  States,  in  Congress  assembled,  entertain  of  the  liberal  decision 
made  by  his  Majesty  on  the  question  proposed  to  his  Majesty's 
Minister  at  the  Hague,  by  Mr.  Adams,  Minister  from  the  United 
States,  respecting  the  ordination  of  American  candidates  for  holy 
orders  in  the  Episcopal  Church,  commonly  called  the  Church  of 
England. 

Ordered,  That  the  Secretary  for  Foreign  Affairs  transmit  to  the 
Executive  of  the  several  States  copies  of  Mr.  Adams's  letter  of  the 
22d  day  of  April,  1784,  as  well  as  of  the  papers  therein  enclosed, 
relative  to  Episcopal  ordination. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  April  13,  1785. 
Dear  Sir, 

I  had  the  honor  of  writing  to  you  on  the  15th  March  last,  men- 
tioning your  appointment  to  the  Court  of  London ;  on  the  18th  of 
the  same  month,  enclosing  your  commission,  instructions,  and  letter 
of  credence,  and  sending  with  it  the  journals  of  Congress  necessary 
to  complete  your  set;  and  on  the  31st  March  I  wrote  you  another 
letter,  with  an  act  of  Congress  directing  you  to  communicate  to  Mr. 
St.  Saphorin  the  high  sense  they  entertain  of  the  liberal  decision  made 
by  his  Danish  Majesty  on  the  question  respecting  the  ordination  of 
American  candidates  for  holy  orders  in  the  Episcopal  Church.  Those 
letters  were  committed  to  the  care  of  Paul  Randall,  Esq.,  who  sailed 
in  the  last  French  packet. 

I  also  wrote  by  Captain  Lamb  a  letter,  dated  the  11th  March,  to 
yourself,  Doctor  Franklin,  and  Mr.  Jefferson,  enclosing  a  variety  of 
papers  respecting  the  treaties  you  are  directed  to  negotiate  and 
conclude  with  the  Barbary  States. 

This  will  be  delivered  to  you  by  Colonel  Smith,  your  Secretary ; 
and  I  herewith  enclose  copies  of  a  number  of  papers  respecting  the 


350  JOHN  ADAMS- JOHN  JAY 

transportation  from  hence  of  negroes  by  the  British  army,  contrary 
to  the  treaty  of  peace ;  and  also  copies  of  some  papers  on  the  subject 
of  the  debts  due  from  American  to  British  merchants.  On  these 
two  subjects  your  instructions  partly  turn,  and,  that  you  may  be  the 
better  enabled  to  fulfil  them,  these  papers  are  now  transmitted. 

I  have  the  honor  to  be,  &;c.,  JOHN  JAY. 

P.  S.  I  herewith  enclose  a  cypher. 


PAPERS  ON  THE  DEPORTATION  OF  NEGROES. 

Extract  of  a  Letter  from  Sir  Guy  Carleton  to  General  Washington, 
of  12th  May,  1783. 

I  enclose  a  copy  of  an  order  which  I  have  given  out  to  prevent 
the  carrying  away  any  negroes  or  other  property  of  the  American 
inhabitants.  I  understand,  from  the  gentlemen  therein  named,  that 
they  visited  the  fleet  bound  to  Nova  Scotia,  and  ordered  on  shore 
whatever  came  clearly  under  the  above  description  ;  there  appeared 
to  be  but  little  dillerence  of  opinion,  except  in  the  case  of  the 
negroes,  who  had  been  declared  free  previous  to  my  arrival.  As  I 
had  no  right  to  deprive  them  of  that  liberty  I  found  them  possessed 
of,  an  accurate  register  was  taken  of  every  circumstance  respecting 
them,  so  as  to  serve  as  a  record  of  the  name  of  the  original  proprietor 
of  the  negro,  and  as  a  rule  by  which  to  judge  of  his  value.  By  this 
open  method  of  conducting  llu'  business,  I  hoped  to  prevent  all 
fraud,  and  whatever  might  admit  of  different  constructions  is  left 
open  for  future  explanation  or  compensation,  ilad  ihese  negroes 
been  denied  permission  to  embark,  they  would,  in  spite  of  every 
means  to  prevent  it,  have  found  various  methods  of  quitting  this 
place,  so  liiat  the  former  owner  would  no  longer  have  been  able  to 
trace  them,  and  of  course  would  have  lost,  in  every  way,  all  chance 
of  compensation. 

This  business,  carried  on  in  this  public  manner,  and  the  orders 
nominating  persons  to  superintend  eniliarkations,  published  in  the 
Gazette,  I  had  no  reason  to  think  either  the  embarkation,  or  any 
circumstiuu-e  atteiubng  it,  could  Iiave  been  matter  of  surprise  to 
your  Kxeellenry  on  th(^  6lh  May.  I  then,  liowcver,  learned  with 
concern,  that  the  embarkation  which  iiad  already  taken  place,  and 


DIPLOMATIC  CORRESPONDENCE.  35 1 

in  which  a  large  number  of  negroes  had  been  conveyed  away, 
appeared  to  your  Excellency  as  a  measure  totally  different  from  the 
letter  and  spirit  of  the  treaty. 

The  negroes  in  question,  I  have  already  said,  I  found  free  when  I 
arrived  at  New  York.  I  had,  therefore,  no  right,  as  I  thought,  to 
prevent  their  going  to  any  part  of  the  world  they  thought  proper. 

I  must  confess,  that  the  mere  supposition  that  the  King's  Minister 
would  deliberately  stipulate  in  a  treaty  an  engagement  to  be  guilty 
of  a  notorious  breach  of  the  public  faith  towards  people  of  any 
complexion,  seems  to  denote  a  less  friendly  disposition  than  I  could 
wish,  and,  I  think,  less  friendly  than  we  might  expect ;  after  all,  I  only 
give  my  own  opinion.  Every  negro's  name  is  registered,  the  master 
he  formerly  belonged  to,  with  such  other  circumstances  as  serve  to 
denote  his  value,  that  it  may  be  adjusted  by  compensation.  If  that 
was  really  the  intention  and  meaning  of  the  treaty,  restoration,  where 
inseparable  from  a  breach  of  public  faith,  is,  as  the  world,  I  think, 
must  allow,  utterly  impracticable.  I  know  of  no  better  method  of 
preventing  abuse,  and  the  carrying  away  negroes  or  other  American 
property,  than  that  I  proposed  to  the  Minister  for  Foreign  Affairs, 
in  my  letter  of  the  14th  of  April — the  naming  commissioners  to 
assist  those  appointed  by  me  to  inspect  all  embarkations ;  and  I  am 
pleased  to  find  your  Excellency  has  approved  of  this  method,  and 
appointed  Egbert  Benson,  Esq.,  Lieutenant  Colonel  Smith,  and 
Daniel  Parker,  Esq.,  one  of  the  contractors  for  supplying  your  army 
with  provisions,  Commissioners  on  your  part  for  the  purpose. 

I  am,  sir,  kc,  GUY  CARLETON. 


Extracts  from  General  Orders. 

Hoad-duarters,  New  York,  April  15,  1783. 

It  is  the  Commander-in-Chief's  orders  that  the  following  extract 
from  the  7th  article  of  the  provisional  treaty  between  Great  Britain 
and  the  United  States  of  America  be  strictly  attended  to  and  com- 
plied with  by  all  persons  whatsoever  under  his  command : 

"That  his  Britannic  Majesty  shall,  with  all  convenient  speed,  and 
'without  causing  any  destruction  or  carrying  away  any  negroes  or 
'  other  property  of  the  American  inhabitants,  withdraw  all  his  armies, 
'  garrisons,  and  fleets  from  the  said  United  StateS;  and  from  every 


352  JOHN  ADAMS-JOHX  JAY. 

' port,  place,  and  harbor  within  the  same,  leaving  in  all  fortifications 
'  the  American  artillery  that  may  be  therein  ;  and  shall  also  order  and 
'cause  all  the  archives,  records,  deeds,  and  papers  belonging  to  any 
'of  the  said  States  or  their  citizens,  which,  in  the  course  of  the  war, 
'  may  have  fallen  into  the  hands  of  his  officers,  to  be  forthwith 
'  restored  and  delivered  to  the  proper  States  and  persons  to  whom 
'they  belong." 

All  masters  of  vessels  are  particularly  cautioned  on  their  part,  not 
to  commit  any  breach  of  the  above  article. 


Copy  of  a  Ttesohition  of  Congress  of  the  26th  May,  1783. 

By  the  United  States  of  America  in  Congress  assembled — May 
26th,  1783: 

Whereas,  by  the  articles  agreed  upon  the  30th  of  November  last, 
by  and  between  the  Commissioners  of  the  United  States  of  America 
for  making  peace  and  the  Commissionoi-s  on  the  part  of  his  Britannic 
Majesty,  it  is  stipulated  that  his  Britannic  Majesty  shall,  with  all 
convenient  speed,  and  without  any  destruction  or  carrying  away  any 
negroes  or  other  property  of  the  American  inhabitants,  withdraw  all 
his  armies,  garrisons,  and  fleets  from  the  said  United  States,  and 
from  every  port,  place,  and  harbor  within  the  same;  and  whereas,  a 
considerable  number  of  negroes  belonging  to  these  States,  have  been 
carried  off  therefrom,  contrary  to  the  true  intent  and  meaning  of  the 
said  articles. 

Resolved,  That  copies  of  letters  between  the  Commander-in- 
Chief  and  Sir  Guy  Carleton,  and  other  papers  on  this  subject,  be 
transmitted  to  the  Minister  l*lenij)otentiary  of  these  States  for  nego- 
tiating peace  in  Europe,  and  that  they  be  directed  to  remonstrate 
thereon  to  the  Court  of  Great  Britain,  and  take  proper  measures  for 
obtaining  such  reparation  as  the  nature  of  the  case  will  admit. 

Onlcrcil,  Tliut  a  copy  of  the  foregoing  resolve  be  transmitted  to 
the  Commander-in-Chief,  and  that  he  be  directed  to  continue  his 
remonstrances  to  Sir  Guy  Carleton,  respecting  the  permitting  negroes 
belonging  to  the  citizens  of  these  States  to  leave  New  York,  and  to 
msist  on  the  discontinuance  of  that  measure. 

CIIAS.  THOMSON,  Secretary. 


DIPLOMATIC  CORRESPONDENCE.  353 

Letter  from  General  Washington  to  Sir  Guy  Carleton, 

Head-Q,uarters,  June  2,  1783. 
Sir, 
I  have  the  honor  to  enclose  to  your  Excellency  the  copy  of  a 
resolution  of  Congress  which  has  lately  been  transmitted  to  me  from 
that  honorable  body.  Your  Excellency  will  be  pleased  to  notice 
the  purport  of  this  act ;  and  I  am  persuaded  you  will  consider  it 
with  that  attention  which  you  shall  judge  the  nature  of  its  object 
requires. 

I  have  the  honor  to  be,  he,  GO.  WASHINGTON. 


Extract  of  a  Letter  from  Sir  Guy  Carleton  to  General  Washington, 
in  answer  to  his  of  the  2d  June. 

I  cannot,  sir,  but  be  satisfied  that  Congress  has  transmitted  the 
case  concerning  certain  negroes  for  whose  protection  the  public  faith 
had  been  pledged  (but  which  is  considered  by  Congress  as  contrar}'- 
to  the  true  intent  and  meaning  of  the  provisional  articles  of  peace) 
to  its  Plenipotentiaries  in  Europe,  as  these  gentlemen  and  the  King's 
Ministers,  between  whom  these  articles  were  negotiated,  may  be 
considered  as  most  competent  and  able  to  ascertain  their  true  intent 
and  meaning. 

GUY  CARLETON. 


Extract  of  a  Letter  from  the  Commissioners  to  General  Washington, 
in  answer  to  his  of  the  2d  June. 

New  York,  June  14,  1783. 
Sir, 
We  do  ourselves  the  honor  to  acknowledge  the  receipt  of  your 
Excellency's  letter  of  the  2d  instant,  covering  the  act  of  Congress 
of  tlie  26th  ultimo,  and  we  also  do  ourselves  the  honor  to  transmit 
your  Excellency  a  copy  of  a  memorial  which  we  presented  to  Sir 
Guy  Carleton  on  Monday  last,  to  which  we  have  not  as  yet  received 
any  answer,  except  a  verbal  message  by  his  Deputy  Secretary,  that 
he  did  not  conceive  an  answer  at  this  time  necessary. 
Vol.  U.— 23 


354  JOHN  ADAMS— JOHN  JAY. 

Your  Excellency  will  recollect  that  in  answering  our  claim  for 
restitution  in  the  case  of  Mr.  Vanderburgh,  Sir  Guy  Carleton  inti- 
mated  an  impropriety  in  the  claim,  as  the  property  was  not  suggested 
to  be  in  danger  of  being  sent  away ;  this  left  room  for  an  idea  that 
possibly  property  about  to  be  sent  away  would  be  restored,  and  we 
apprized  your  Excellency  that  we  should  take  the  first  fair  occasion 
which  should  present  itself  to  remove  all  doubt  on  this  point ;  and 
with  this  view  we  made  the  requisition  in  behalf  of  Mr.  Lott ;  and 
we  conceive  it  is  now  reduced  to  a  certainty,  that  all  application 
for  the  delivery  of  property  will  be  fruitless,  and  we  shall  therefore 
desist  from  them. 

That  part  of  the  memorial  which  is  in  the  nature  of  a  remonstrance 
is  in  consequence  of  the  resolution  of  Congress,  and  your  Excel- 
lency's letter  which  accompanied  it. 

Yesterday  we  assisted  in  superintending  an  embarkation,  consisting 
of  fourteen  transports  bound  to  Nova  Scotia,  having  on  board,  as 
nearly  as  we  could  estimate,  about  three  thousand  souls,  among  whom 
were  at  least  about  one  hundred  and  fifty  negroes,  who  appeared 
to  be  property  of  the  citizens  of  the  United  States,  and  as  this 
embarkation  was  made  since  we  presented  our  memorial,  and,  as  it 
were,  in  tiie  face  of  it,  wc  submit  it  to  your  Excellency,  whether  it 
is  necessary  for  us  further  to  remonstrate  to  Sir  Guy  Carleton  against 
his  permiltin<j;  slav^es,  the  property  of  American  subjects,  to  leave 
this  place,  and  could  wish  to  receive  your  Excellency's  direction  on 
that  subject. 

We  have  the  honor  to  be,  he, 

EGBERT  BENSON, 
DANIEL  PARKER. 


Rttract  of  a  Remonstrance  from  Ei^bcrt  Benson,  JVm.  S.  Smith, 
and  Daniel  Parker  to  Sir  Ciiti/  Carleton. 

The  undcrsi^rned,  Commissioners  on  bclialf  uf  the  United  States  of 
America,  did,  willi  intent  to  comply  with  their  instnictions,  directing 
them  to  "assist  such  persons  as  should  ho  appointed  by  your  Excol- 
*  h^nry  in  superintending  and  inspecting  such  embarkations  as  the 
'  evacuation  of  this  j)laco  should  require,"  on  Friday  last  assist  the 
Commissioners  appointed  by  your  Excellency  in  superintending  and 


DIPLOMATIC  CORRESPONDENCE.  355 

inspecting  an  embarkation  made  by  direction  of  your  Excellency, 
and  consisting  of  fourteen  transports  in  the  pay  and  service  of  the 
Crown  of  Great  Britain,  bound  for  the  province  of  Nova  Scotia,  and 
having  on  board,  as  near  as  the  undersigned  could  estimate,  at  least 
two  thousand  white  persons,  who,  a  few  individuals  excepted, 
appeared  to  be  persons  in  civil  life,  and  inhabitants  of  the  United 
States,  and  having  also  on  board  upwards  of  one  hundred  negroes, 
seventy-three  of  whom  appeared  to  be  the  property  of  American 
subjects  not  residing  within  the  British  lines. 

The  undersigned,  therefore,  in  order  to  guard  against  improper 
inferences  from  their  silence  on  this  occasion,  and  from  their  conduct 
in  future,  conceived  it  incumbent  on  them  to  represent  to  your 
Excellency,  that  notwithstanding  any  act  on  their  part  in  superin- 
tending or  inspecting  the  above-mentioned  or  any  other  embarkation, 
they  do  and  shall  consider  the  permission  from  your  Excellency  to 
any  negroes  belonging  to  the  citizens  of  these  States  to  leave  this 
city  as  an  infraction  of  the  treaty  of  peace,  agreeable  to  their  repre- 
sentation of  the  9th  instant,  and  that  they  do  not,  neither  can  they, 
consider  the  said  embarkation,  or  any  other  of  a  similar  nature,  as 
an  embarkation  which  the  evacuation  of  this  place  requires. 


Remonstrance  from  Egbert  Benson,  William  S.  Smith,  and  Daniel 
Parker  to  Sir  Guy  Carleton, 

New  York,  June  9,  1783. 

The  undersigned.  Commissioners  in  behalf  of  the  United  States 
of  America,  do  represent  to  your  Excellency  that,  on  Friday  last, 
the  Board,  composed  of  the  Commissioners  appointed  by  your 
Excellency  and  of  the  undersigned,  examined  into  the  claim  of  Mr. 
Philip  Lott  to  a  negro,  named  Thomas  Francis,  now  on  board  a 
vessel  called  the  Fair  American,  in  this  harbor,  and  about  to  be 
carried  off  to  the  Island  of  Jamaica;  that  on  such  examination,  it 
appeared  to  the  Board  that  Mr.  Lott  purchased  the  aforementioned 
negro  from  Mr.  Elihu  Spencer,  of  New  Jersey,  and  that  the  said  negro 
came  within  the  British  lines  the  2d  day  of  November  last,  and  was 
enlisted  by  Captain  Thelwall  in  a  corps  distinguished  by  the  name 
of  the  Jamaica  Rangers.  Captain  Thelwall  produced  to  the  Board 
a  certificate  from  the  commandant  of  this  city,  that  the  said  negro 


356  JOHN  ADAMS-JOHN  JAY. 

came  within  the  British  Hnes  under  the  sanction  of  the  proclamation 
respecting  negroes. 

The  undersigned,  therefore,  in  conformity  to  that  part  of  their 
commission,  whereby  they  are  required  ''to  attend  particularly  to 
'  the  due  execution  of  that  part  of  the  seventh  article  of  the  provisional 
'  treaty  where  it  is  agreed  his  Britannic  Majesty  shall  withdraw  his 
'armies,  &:c.,  without  causing  any  destmction,  or  carrying  away  any 
'negroes  or  other  property  of  the  American  inhabitants,"  do  request 
of  your  Excellency  that  the  said  Captain  Thelwall  may  be  prohibited 
from  canning  away  the  said  negro ;  and  in  conformity  to  that  part  of 
their  commission  whereby  they  are  required  '•  to  obtain  the  delivery 
'  of  all  negroes  and  other  property  of  the  inhabitants  of  the  United 
'States  in  the  possession  of  the  British  forces,  or  any  subjects  of,  or 
'adherents  to,  his  Britannic  Majesty,"  do  further  request  of  your 
Excellency  that  the  said  negro  may  be  delivered  to  ISIr.  Lott. 

The  undersigned  do  themselves  the  honor  herewith  to  transmit  to 
your  Excellency  a  copy  of  an  act  of  the  United  States  in  Congress 
assembled,  of  the  •26th  of  May  last,  which  has  been  transmitted  to 
them  by  his  Excellency  General  Washington,  with  directions  to  pay 
strict  attention  to  the  injunctions  of  Congress  contained  in  the  said 
act,  and,  as  the  undor>igned  are,  by  their  commission,  enjoined  to 
represent  to  the  Commander-in-Chief  of  the  British  forces  in  this 
city,  every  infraction  of  the  articles  of  peace,  it  therefore  becomes 
their  duty  to  remonstrate  to  your  Excellency  against  your  permitting 
any  negroes,  the  property  of  the  citizens  of  these  States,  to  leave  this 
city,  and  to  insist  on  a  discontinuance  of  that  measure. 

EGBERT  BENSON, 
WILLIAM  S.  SMITH, 
DAiMEL  PARKER. 


Letter  from  General  Jlashington  to  the  Vrcsidcnt  of  Congress. 

Hcad-auarlcrs,  June  28,  1783. 

Sir, 

I  think  it  expedient  to  transmit  to  your  Excellency  a  copy  of  the 

corrf^pondencc  which  has  taken   j)lacf  ])ctwf<'n  our  Commissioners 

for  superintending  embarkations  in   New  York  and  myself.     From 

Iheir  several  reports,  memorials,  and  remonstrances,  Congress  will 


DIPLOMATIC  CORRESPONDENCE.  357 

be  informed  of  the  almost  total  inefficacy  of  the  measures  which 
have  been  adopted  for  carrying  the  7th  article  of  the  provisional 
treaty  into  effect. 

Finding  that  merely  the  superintendence  of  embarkations,  (and 
that  only  when  called  upon  by  the  British,)  without  the  power  of 
restraining  the  property  of  the  inhabitants  of  the  United  States  fromi 
being  carried  away,  could  be  of  little  utility — having  been  also 
informed  that  the  departure  of  all  negroes,  (who  choose  to  go  away.) 
indiscriminately  and  without  examination,  in  private  vessels,  is,  if 
not  publicly  allowed,  at  least  connived  at,  and  conceiving  tliis  is  the 
only  species  of  property  that  can  at  present  require  attention,  1 
cannot  think  there  will  be  much  advantage  in  continuing  our  Com- 
missioners any  longer  at  New  York,  and  I  take  the  liberty,  therefore, 
to  sua;o;est  whether  it  would  not  be  eligible  to  revoke  the  commission. 
Indeed  I  should  have  thought  myself  authorized  to  decide  upon  this 
point,  had  I  not  apprehended  it  might  eventually  involve  conse- 
quences of  considerable  national  concern.  It  was  on  this  account  I 
deemed  it  more  expedient  to  lay  the  state  of  this  business  before 
Congress,  and  to  ask  their  farther  orders  on  the  subject. 

I  have  the  honor  to  be,  Sic,  GO.  WASHINGTON. 


PAPERS  RESPECTING  THE  TRANSPORTATION  OF  NEGROES  FROM  NEW 
YORK  BY  THE  BRITISH  ARMY,  CONTRARY  TO  THE  TREATY  OF 
PEACE. 

Letter  from  Sir  Guy  Carleton  to  the  Honorable  Robert  R.  Living- 
ston, Esquire. 

New  York,  April  14,  1783. 
Sir, 
As  I  observe  in  the  7th  article  of  the  provisional  treaty,  it  is 
agreed,  after  stipulating  that  all  prisoners,  on  both  sides,  shall  be  set 
at  liberty,  that  "his  Britannic  iMajesty  shall,  with  all  convenient 
'  speed,  and  without  causing  any  destruction,  or  carrying  away  any 
'  negroes  or  other  property  of  the  American  inhabitants,  withdraw 
'  all  his  armies,  garrisons,  and  fleets  from  the  United  States,  and  from 
'every  port,  place,  and  harbor  within  the  same,"  Sic;  and  as 
embarkations  of  persons  and  property  are  on  the  point  of  being 
made,  I  am  to  request  that  Congress  would  be  pleased  to  empower 


358  JOHN  ADAMS— JOHN  JAY. 

any  person  or  persons  on  behalf  of  the  United  States  to  be  present 
at  New  York,  and  to  assist  such  persons  as  shall  be  appointed  by 
me  to  inspect  and  superintend  all  embarkations  which  the  evacuation 
of  this  place  may  require;  and  they  will  be  pleased  to  represent 
to  me  every  infraction  of  the  letter  or  spirit  of  the  treaty,  that  redress 
may  be  immediately  ordered. 

GUY  CARLETON. 


Letter  from  General  Washington  to  the  President  of  Congress. 

Orange-Town,  May  8,  1783. 
Sir, 

The  copy  of  my  letter  of  the  21st  April  to  his  Excellency  Sir 
Guy  Carleton,  with  a  copy  of  his  reply  to  me,  which  I  had  the 
honor  to  transmit  to  your  Excellency,  will  have  informed  Congress 
that  the  5th  of  this  month  was  agreed  upon  between  us  for  an  inter 
view  at  this  place. 

In  consequence  of  this  arrangement  I  arrived  here  on  the  4th. 
The  contingencies  of  a  water  passage  in  a  frigate  prevented  Sir  Guy 
Carleton's  arrival  until  the  evening  of  the  5th.  On  the  6th  our 
interview  took  place  at  my  quarters,  about  three  miles  from  the  river. 
Our  conversation  upon  the  different  subjects  to  which  my  instructions 
pointed  me  was  diffuse  and  desultory,  and  closed  with  a  proposition 
on  my  part,  and  acceded  to  on  the  part  of  General  Carleton,  that 
the  points  of  discussion  should  be  reduced  to  writing. 

I  have  the  honor  to  enclose  the  copy  of  a  letter  which  I  wrote  to 
Sir  Guy  Carleton  the  evening  of  our  conference,  and  to  which  I 
expected  to  receive  his  answer,  being  to  dine  with  him  the  next  day 
on  board  the  frigate. 

Coming  on  board  the  ship,  I  found  Sir  (juy  under  a  severe  fit  of 
fever  and  ague,  (a  previous  fit  of  which  he  had  experienced  the  day 
of  his  arrival.)  in  these  circumstances,  and  wanting,  as  he  said,  to 
have  recours(!  tf)  some  papers  in  New  York  j)revious  to  making  an 
answer  to  my  letter,  and  at  the  same  time  urged  by  the  exigency  of 
other  business,  lie  lijid  detennined  to  return  immediately  to  New 
York  ;  apologizing  to  me,  and  promising  that  I  should  hear  from 
him  soon  on  the  subject  of  my  proposition.  Thus  1  find  myself 
without  an  answer  to  my  letter,  or  such  an  issue  to  our  interview  as 
1  had  wished ;  and  the  ship  is  this  morning  gone  down  the  river. 


DIPLOMATIC  CORRESPONDENCE.  359 

In  this  situation,  willing  to  give  Congress  every  information  in  my 
power,  I  have  desired  the  gentlemen  who  were  present  at  the  con- 
versation which  passed  on  our  first  interview  to  recollect  and  put  in 
writing  the  substance  of  it.  This  they  have  been  so  obliging  as  to 
do,  and  a  copy  of  it  is  enclosed. 

As  soon  as  I  am  possessed  of  a  reply  from  General  Carleton  to 
my  letter  of  the  6th,  I  will  do  myself  the  honor  to  transmit  a  copy 
to  your  Excellency  without  delay. 

It  is  my  duty,  also,  to  inform  Congress  that,  in  consequence  of 
their  resolutions  of  the  15th  of  April,  and  reference  to  me  of  the 
letter  of  Sir  Guy  Carleton  of  the  14th  of  April  to  the  Secretary  of 
Foreign  Affairs,  and  not  thinking  it  proper  to  suffer  any  further 
delay,  I  have  appointed  Daniel  Parker,  Esquire,  Egbert  Benson, 
Esquire,  and  Lieutenant  Colonel  William  S.  Smith,  as  Commissioners 
on  the  part  of  the  United  States  to  attend  and  inspect  the  embarka- 
tions that  may  in  future  be  made  at  New  York,  previous  to  the  final 
evacuation  of  that  city.  The  powers  with  which  these  gentlemen 
are  vested  will  appear  from  a  copy,  of  their  appointment  and 
instructions,  which  are  enclosed,  and  which  I  hope  will  meet  the 
approbation  of  Congress. 

I  have  the  honor  to  be,  &ic.,  GO.  WASHINGTON. 


Letter  from  General  Washington  to  Sir  Guy  Carleton. 

Orange-Town,  May  6,  1783. 

Sir, 
In  my  letter  of  the  21st  April  I  enclosed  to  your  Excellency  a 
copy  of  a  resolution  of  Congress  of  the  15th,  instructing  me  in  three 
points  which  appeared  necessary  for  carrying  into  effect  the  terms  of 
the  treaty  between  Great  Britain  and  the  United  States  of  America, 
and  informed  you  that  such  part  as  rested  on  my  decision,  and  which 
regarded  the  release  of  prisoners,  had  been  determined,  and  was  then 
ordered  to  be  carried  into  execution.  Upon  the  other  two  points,  as 
they  respected  the  receiving  possession  of  the  post  in  occupation  of 
the  British  troops,  and  the  carrying  away  any  negroes  or  other 
property  of  the  American  inhabitants,  and  both  being  within  your 
control,  I  had  the  honor  to  propose  a  personal  interview  with  your 


360  JOHN  ADAMS— JOHN  JAY. 

Excellency,  that  the  subjects  might  be  freely  discussed,  and  that 
measures  might  be  agreed  upon  for  carrying  into  execution  those 
points  of  the  seventh  article  of  the  treaty  agreeably  to  their  true 
intent  and  spirit. 

Having  been  favored  this  day  with  a  personal  conference,  I  have 
now,  to  prevent  misapprehension  and  misconstruction,  and  that  I 
may  be  enabled  to  fulfil  my  instructions  with  fidelity  and  with  candor, 
the  honor  to  propose,  agreeably  to  our  conversation,  that  your 
Excellency  will  be  pleased  to  give  me,  in  writing,  information  of 
what  means  are  adopting  on  your  part  for  carrying  into  execution 
that  point  of  the  treaty  which  regards  the  evacuation  of  the  posts 
now  in  possession  of  the  British  troops,  and  under  your  Excellency's 
command ;  and,  also,  at  what  time  it  is  probable  those  posts,  or  any 
of  them,  may  be  relinquished,  and  the  fleets  and  armies  of  his 
Britannic  Majesty  withdrawn. 

Respecting  the  other  point  of  discussion,  in  addition  to  what  I 
mentioned  in  my  communication  of  21st  ultimo,  I  took  occasion,  in 
our  conferences,  to  inform  your  Excellency  that,  in  consequence  of 
your  letter  of  the  14th  of  April,  to  R.  R,  Livingston,  Esq.,  Congress 
had  been  pleased  to  make  a  further  reference  to  me  of  that  letter 
and  had  directed  me  to  take  such  measures  as  should  be  found 
necessary  for  carrying  into  effect  the  several  matters  mentioned  by 
you  therein.  In  the  course  of  our  conversation  upon  this  point,  I 
was  surprised  to  hear  you  mention  that  an  embarkation  had  already 
taken  place,  in  which  a  large  number  of  negroes  had  been  earned 
away.  Whether  this  conduct  is  consonant  to,  or  how  far  it  may  be 
deemed  an  infraction  of,  the  treaty,  it  is  not  for  me  to  decide.  I 
cannot,  however,  conceal  from  your  Excellency  that  my  })rivate 
opinion  is,  that  the  measure  is  totally  different  from  the  letter  and 
spirit  of  tile  treaty.  But,  waiving  the  discussion  of  the  point,  and 
leaving  its  decision  to  our  respective  sovereigns,  I  find  it  my  duly  to 
signify  my  readiness,  in  conjunction  with  your  Excelli-ncy,  to  enter 
into  any  agreement,  or  take  any  measures  which  may  be  deemed 
expedient  to  j)revcnt  the  future  carrying  away  any  negroes  or  other 
proj)crty  of  the  American  inhabitants. 

1  beg  the  favor  of  your  Excellency  to  rejily  ;  and  J  liav(!  the  honor 
to  be,  &tc., 

CO.  WASIIIIVCTON. 


DIPLOMATIC  CORRESPONDENCE.  361 

Extract  from  the  substance  of  the  Conference  between  General 
Washington  and  Sir  Guy  Carleton,  at  an  interview  at  Orange- 
Town,  May  6,  1783. 

General  Washington  opened  the  conference  by  observing  that  he, 
heretofore,  had  transmitted  to  Sir  Guy  Carleton  the  resolutions  of 
Congress  of  the  15th  ultimo;  that  he  conceived  a  personal  confer- 
ence would  be  the  most  speedy  and  satisfactory  mode  of  discussing 
and  settling  the  business,  and  that  therefore  he  had  requested  the 
interview;  that  the  resolutions  of  Congress  related  to  three 
distinct  matters,  namely,  the  setting  at  liberty  the  prisoners,  the 
receiving  possession  of  the  posts  occupied  by  the  British  troops, 
and  the  obtaining  the  delivery  of  all  negroes  and  other  property  of 
the  inhabitants  of  these  States,  in  the  possession  of  the  forces,  or 
subjects  of,  or  adherents  to,  his  Britannic  Majesty.  That,  with 
respect  to  the  liberation  of  the  prisoners,  he  had,  as  far  as  the 
business  rested  with  him,  put  it  in  train  by  meeting  and  conferring 
with  the  Secretary  of  War,  and  concerting  with  him  the  proper 
measures  for  collecting  the  prisoners  and  forwarding  them  to  New 
York,  and  that  it  was  to  be  optional  with  Sir  Guy  whether  the 
prisoners  should  march  by  land,  or  whether  he  would  send  transports 
to  convey  them  by  water,  and  that  the  Secretary  of  War  was  to 
communicate  with  Sir  Guy  Carleton  on  the  subject,  and  obtain  his 
determination.  AVith  respect  to  the  other  two  matters  which  were 
the  objects  of  the  resolutions.  General  Washington  requested  the 
sentiments  of  General  Carleton. 

Sir  Guy  then  observed,  that  his  expectations  of  peace  had  been 
such  as  that  he  had  anticipated  the  event  by  very  early  commencing 
his  preparations  to  withdraw  the  British  troops  from  the  country,  and 
that  every  preparation  which  his  situation  and  circumstances  would 
permit  was  still  continued.  That  an  additional  number  of  transports 
(and  which  were  expected)  were  necessary  to  remove  the  troops  and 
stores,  and,  as  it  was  impossible  to  ascertain  the  time  when  the 
transports  would  arrive,  their  passage  depending  on  the  casualties  of 
the  seas,  he  was  therefore  unable  to  fix  a  determinate  period  within 
which  the  British  forces  would  be  withdrawn  from  the  city  of  New 
York.  But  that  it  was  his  desire  to  exceed  even  our  own  wishes  in 
this  respect,  and  that  he  was  using  every  means  in  his  power  to 
effect,  with  all  possible  despatch,  an  evacuation  of  that  and  every 
post  within  the  United  States  occupied  by  the  British  troops  under 


362  JOHN  ADAMS-JOHN  JAY. 

his  direction.  Tliat  he  considered  as  included  in  the  preparations 
for  the  final  departure  of  the  British  troops,  the  previously  sending 
away  those  persons  who  supposed  that,  from  the  part  they  had 
taken  in  the  present  war,  it  would  be  most  eligible  for  them  to  leave 
the  country ;  and  that  upwards  of  six  thousand  persons  of  this  char- 
acter had  embarked  and  sailed,  and  that,  in  this  embarkation,  a 
number  of  negroes  were  comprised. 

General  Washington  thereupon  expressed  his  surprise  that,  after 
what  appeared  to  him  an  express  stipulation  to  the  contrary  in 
the  treaty,  negroes,  the  property  of  inhabitants  of  these  States, 
should  be  sent  off.  To  which  Sir  Guy  Carleton  replied  that  he 
wished  to  be  considered  as  giving  no  construction  of  the  treaty ; 
that  by  property  in  the  treaty,  might  only  be  intended  property  at 
the  time  the  negroes  were  sent  off;  that  there  was  a  difference  in  the 
mode  of  expression  in  the  treaty.  Archives,  papers,  &£c.,  were  to 
be  restored  ;  negroes  and  other  property  were  only  not  to  be  destroyed 
or  carried  away.  But  he  principally  insisted  that  he  conceived  it 
could  not  have  been  the  intention  of  the  British  Government,  by  the 
treaty  of  peace,  to  reduce  themselves  to  the  necessity  of  violating 
their  faith  to  the  negroes,  who  came  into  the  British  lines  under  the 
proclamation  of  his  predecessors  in  command  ;  that  he  forbore  to 
express  his  sentiments  on  the  propriety  of  those  proclamations,  but 
that  delivering  up  the  negroes  to  their  former  masters  would  be 
delivering  them  up,  some  possibly  to  execution,  and  others  to  severe 
punishments,  which,  in  his  opinion,  would  be  a  dishonorable  violation 
of  the  public  faith,  pledged  to  the  negroes  in  the  proclamation  ;  that 
if  the  sending  off  the  negroes  should  hereafter  be  declared  an  infrac- 
lion  of  the  treaty,  compensations  must  br  made  by  the  Crown  of 
Great  Britain  to  the  owners  ;  that  he  had  taken  measures  to  provide 
for  this  by  directing  a  n^gistcr  to  be  kcj)t  of  all  the  negroes  who 
were  sent  off,  specifying  the  name,  age,  and  occupation  of  the 
person,  and  the  name  and  ])lace  of  residence  of  his  former  master. 
General  Washington  again  observed  that  he  considered  this  conduct 
on  the  part  of  General  Carleton  a  departure  from  both  the  letter  and 
the  spirit  of  the  articles  of  peace ;  and  particularly  mentioned  a 
difficulty  that  would  arise  in  compensating  the  proprietors  of  negroes, 
(admitting  this  infraction  of  the  treaty  could  be  satisfied  by  such 
compensation  as  Sir  Guy  had  alluded  to,)  as  it  was  impossible  to 
ascertain  the  value  of  the  slaves  from  any  fact  or  circumstance  which 
may  appear  in  the  register,  the  value  of  the  slave  consisting  chiefly 


DIPLOMATIC  CORRESPONDENCE.  363 

in  his  industrj^  and  sobriety ;  and  General  Washington  mentioned  a 
further  difficulty  which  would  attend  identifying  the  slave,  supposing 
him  to  have  changed  his  own  name,  or  to  have  given  in  a  wrong 
name  to  his  master.  In  answer  to  which  Sir  Guy  Carleton  said, 
that  as  the  negro  was  free  and  secured  against  his  master,  he  could 
have  no  inducement  to  conceal  either  his  own  true  name  or  that  of 
his  master.  Sir  Guy  Carleton  then  observed  that,  by  the  treaty,  he 
was  not  held  to  deliver  up  any  property,  but  was  only  restricted  from 
carrying  it  away  ;  and  therefore,  admitting  the  interpretation  of  the 
treaty  as  given  by  General  Washington  to  be  just,  he  was,  notwith- 
standing, pursuing  a  measure  which  would  operate  most  for  the 
security  of  the  proprietors.  For  if  the  negroes  were  left  to  them- 
selves, without  care  or  control  from  him,  numbers  of  them  would 
very  probably  go  off,  and  not  return  to  the  parts  of  the  country 
from  whence  they  came,  or  clandestinely  get  on  board  the  transports 
in  such  manner  as  would  not  be  in  his  power  to  prevent ;  in  either 
of  which  cases  an  inevitable  loss  would  ensue  to  the  proprietors ; 
but,  as  the  business  was  now  conducted,  they  had  at  least  a  chance 
for  compensation.  Sir  Guy  concluded  the  conversation  on  this 
subject  by  saying  that  he  imagined  that  the  mode  of  compensating, 
as  well  as  the  accounts  and  other  points,  with  respect  to  which  there 
was  no  provision  made  in  the  treaty,  must  be  adjusted  by  commis- 
sioners to  be  hereafter  appointed  by  the  two  nations. 

We,  having  been  present  at  the  conference,  do  certify  the  above 
to  be  true. 

GEORGE  CLINTON, 
JNO.  M.  SCOTT, 
EGBERT  BENSON, 
JONA.  TRUMBULL. 


Co^y  of  the  Appointment  and  Instructions  to  the  Commissioners  to 
inspect  and  superintend  EmbarTcations  in  New  YorJc. 

By  his  Excellency  George  Washington,  Esquire,  General  and  Com- 
mander-in-Chief of  the  Forces  of  the  United  States,  &;c.: 

To  Egbert  Benson,  Esquire,  Attorney  General  of  the  State  of  New 
York ;    William  S.   Smith,   Esquire,  Lieutenant  Colonel  in  the 
service  of  the  United  States ;  and  Daniel  Parker,  Esquire. 
Whereas,  his  Excellency  Sir  Guy  Carleton,  Commander-in-Chief 

of  the  British  troops  in  the  posts  now  occupied  by  his  Britannic 


364  JOHN  ADAMS-JOHN  JAY. 

Majesty  contiguous  to  the  Atlantic,  did,  on  the  14th  of  April  last, 
write  to  the  honorable  Robert  R.  Livingston,  one  of  the  American 
Ministers,  in  the  words  following,  viz : 

******** 

Whereas,  Congress  did,  on  the  24th  of  April,  1783,  refer  the  said 
letter  to  mc,  with  directions  to  take  such  measures  for  carrying  into 
effect  the  several  matters  therein  mentioned  as  to  me  should  seem 
expedient ;  and  whereas,  I  have  thought  it  expedient  and  necessary 
that  commissioners  should  be  appointed  for  the  purposes  afore- 
said, and  to  carry  fully  into  execution  the  instructions  of  Congress 
"  for  obtaining  the  delivery  of  all  negroes  and  other  property 
'  of  the  inhabitants  of  the  United  States  in  the  possession  of  the 
'British  forces,  or  any  subjects  of  or  adherents  to  his  Britannic 
'Majesty:" 

I  do,  therefore,  in  virtue  of  the  powers  vested  in  me  as  aforesaid, 
hereby  nominate,  constitute,  and  appoint  you,  the  said  Egbert  Ben- 
son, William  S.  Smith,  and  Daniel  Parker,  commissioners  on  behalf 
of  the  United  States,  for  the  purposes  before  mentioned,  and  you  are 
to  attend  particularly  to  the  due  execution  of  that  part  of  the  seventh 
article  of  the  provisional  treaty  where  it  is  agreed  that  his  Britannic 
Majesty  shall  withdraw  his  armies,  he,  from  the  United  States, 
"without  causing  any  destruction,  or  carrying  away  any  negroes  or 
other  property  of  the  American  inhabitants ;"  and  you,  the  aforesaid 
Egbert  Benson,  William  S.  Smith,  and  Daniel  Parker,  or  any  two 
of  you,  are  hereby  fully  authorized  and  empowered  to  be  present  at 
New  York,  and  to  assist  such  persons  as  shall  be  appointed  by  the 
Commander-in-Chief  of  the  British  forces  in  New  York,  to  inspect 
and  superintend  all  embarkations  which  the  evacuation  of  that  place 
may  require,  and  you  are  to  represent  to  llu;  said  Commander-in- 
Chief  every  infraction  of  the  letter  or  sj)irit  of  the  aforesaid  treaty, 
to  the  end  that  rcfhcss  may  he.  obtained,  furnishing  me,  at  the  same 
time,  with  duplicates  of  all  such  n;presentations  or  communications 
as  may  b(.'  made  by  you  on  tlu;  subjc^ct,  with  the  result  thereof;  and 
making  a  general  report  of  your  proceedings  at  the  termination  of 
this  commission. 

Relying  on  your  patriotism,  fidelity,  and  al)ilities,  1  do  hereby 
further  authorize  and  emj)ower  you,  in  transacting  the  aforesaid 
business,  to  act  in  c()iif(;rmity  to  your  own  jiidLiMieiil  and  discretion, 
in  all  such  matters  and  things  relative  tli<;relo  as  are  not  particularly 
specified  herein.     This  commission   to  continue  in  force  until  the 


DIPLOMATIC  CORRESPONDENCE.  365 

evacuation  of  New  York  shall  be  completely  effected,  unless  sooner 
revoked. 

Given  under  my  hand  and  seal,  at  Orange-Town,  this  8th  day  of 
May,  1783. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  May  30,  1785. 
Dear  Sir, 

I  have  redeemed  a  moment  from  a  multitude  of  avocations,  at  this 
critical  time,  to  acknowledge  the  receipt,  by  Colonel  Smith,  of  your 
letters  of  the  31st  of  March,  with  the  resolution  of  Congress  enclosed 
of  the  21st  of  March.  As  M.  de  St.  Saphorin  is  many  months  ago 
recalled  from  the  Hague,  I  shall  make  inquiry  after  him,  and  if  I 
cannot  find  where  he  is,  I  shall  communicate  a  copy  of  the  resolution 
to  the  Danish  Minister  here,  by  whom  it  will  be  transmitted  to  his 
Court,  which  I  suppose  will  be  an  execution  of  my  instructions  as 
near  the  spirit  of  them  as  is  now  practicable.  The  liberal  decision 
of  his  Danish  Majesty,  respecting  the  ordination  of  American  candi- 
dates for  holy  orders  in  the  Episcopal  Church,  called  the  Church 
of  England,  as  soon  as  it  was  known  in  England,  produced  a  more 
liberal  spirit  and  decision  here  than  had  prevailed  before,  so  that  I 
hope  that  respectable  body  of  our  fellow-citizens  who  are  interested 
in  it,  have  derived  a  benefit  from  it.  I  am  much  obliged  to  Congress 
for  this  instance  of  their  approbation,  and  for  the  honor  they  have 
done  me  in  transmitting  an  account  of  it  to  the  Executives  of  the 
States. 

I  have  received,  too,  your  letter  of  13th  of  April,  1785,  with  the 
resolve  of  Congress  of  14th  February,  1785,  empowering  your  Min- 
isters to  apply  a  sum  not  exceeding  eighty  thousand  dollars  to  the 
use  of  treating  with  Morocco,  he.  But  I  have  heard  nothing  of 
Captain  Lamb,  or  the  papers  by  him.  What  ray  colleagues  will 
judge  proper  to  do,  I  cannot  say,  but  the  advice  of  the  French  Court 
was  conformable  to  the  opinion  of  us  all,  that  it  will  be  indispensable 
for  Congress  to  send  a  Consul  with  full  powers. 

I  received,  at  Auteuil,  my  commission,  instructions,  and  letter  of 
credence  to  the  Court  of  Great  Britain,  and  have  now  received,  by 
Colonel  Smith,  the  papers  sent  by  him. 


366  JOHN  ADAMS-JOHN  JAY. 

I  received,  at  Auteuil,  the  ratification  of  the  last  loan  in  Holland, 
which  I  transmitted  immediately  to  Amsterdam,  where  it  has  been 
received,  registered,  and  communicated  to  the  lenders  of  money,  and 
has  given  them  satisfaction,  since  which  1  have  received  from  you, 
sir,  duplicate  and  triplicate  of  the  same  ratification.  The  cypher  is 
received,  and  shall  be  attended  to. 

Your  INIinisters  have  written,  monthly,  an  account  of  their  pro- 
ceedings. Not  one  packet  has  been  missed ;  but  when  I  left  Auteuil, 
we  had  no  certain  evidence  that  any  one  of  our  letters  had  been 
received.  We  supposed  that  this  was  because  Congress  had  not 
completed  their  instructions  upon  any  of  them ;  but  I  must  beg  the 
favor  of  you,  sir,  barely  to  mention  the  receipts  of  my  letters  and 
their  dates,  although  you  may  not  be  prepared  to  answer  them ; 
without  this  one  loses  the  chain  of  correspondence.  I  have  been 
visited  by  some  gentlemen,  who,  I  suppose,  had  seen  the  Ministers, 
and  learned  from  them  what  to  say  to  me.  They  said  that  the 
JNIinistry  and  the  King  considered  the  appointment  of  a  INlinister  as  a 
proof  of  a  conciliating  disposition;  that  it  was  a  relief  to  them  from 
an  anxiety,  k,c. ;  and  that  they  were  fully  determined  to  receive  me, 
in  all  respects,  like  all  the  other  foreign  Ministers.  This,  I  believe, 
is  true ;  but  we  must  be  cautious  what  consequences  we  draw  from 
it.  It  by  no  means  follows  that  they  are  determined  to  do  what  their 
honor  and  their  public  faith  obliges  them  to  do,  according  to  our 
ideas  of  their  obligations.  It  by  no  means  follows  that  they  will 
surrender  the  posts,  restore  the  negroes,  relieve  the  debtors,  or  make 
an  equitable  treaty  of  commorcn.  I  hope  they  will  do  all  these 
things;  but  I  can  ascertain  nothing  until  my  character  is  acknowl- 
edged by  a  public  reception  and  audience  of  his  Majesty,  made  my 
visits  to  his  Ministers,  and  had  time  to  enter  into  a  candid  discussion 
of  these  questions.  You  shall  be  punctually  informed  from  step  to 
step. 

With  great  esteem,  he,  JOHN  ADAMS. 

P.  S.  This  morning  Sir  Clement  Cottrdl  Dormer,  inn^tcr  of  the 
ceremonies,  ciillcd  upon  rix',  to  inforiii  me  lli;it  he  was  ordered  to 
attend  me  to  (Jourt  on  VV<'(lnes(l;iy,  as  he  did  on  all  foreign  iMinisters 
at  their  first  presentation,  to  sIk^w  them  the  way  through  the  apart- 
ments, &c. 


J 

« 


DIPLOMATIC  CORRESPONDENCE.  367 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  Westminster,  June  1,  1785. 
Dear  Sir, 
■  In  my  letter  of  the  28th  ultimo  I  enclosed  copies  of  the  letters 
which  have  passed  between  the  Secretary  of  State  and  myself, 
wherein  this  day  was  fixed  upon  for  my  introduction  to  his  Majesty. 
Agreeably  to  that  arrangement,  the  master  of  ceremonies  waited 
on  me  alone,  and  accompanied  me  to  the  Secretary's  office,  from 
whence  Lord  Caermarthen  accompanied  me  to  the  palace.  I  was, 
in  a  very  short  time,  introduced  to  the  King's  closet,  where,  with  the 
usual  ceremony,  I  presented  my  letter  of  credence  to  his  Majesty, 
and  after  a  few  minutes'  conversation  retired.  I  have  only  time  to 
observe,  sir,  that  I  was  introduced  with  every  necessary  formality, 
and  received  with  some  marks  of  attention. 

The  door  being  now  opened,  I  may,  perhaps,  soon  have  it  in  my 
power  to  form  some  opinion  respecting  the  general  disposition  of  the 
King  and  his  Ministers,  relative  to  the  objects  of  my  mission,  of 
which  you  may  expect  the  earliest  communication. 

I  am,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  Westminster,  June  2,  1785. 
Dear  Sir, 

During  my  interview  with  the  Marquis  of  Caermarthen,  he  told  me 
that  it  was  customary  for  every  foreign  Minister,  at  his  first  presenta- 
tion to  the  King,  to  make  his  Majesty  some  compliments  conformable 
to  the  spirit  of  his  credentials,  and  when  Sir  Clement  Cottrel  Dormer, 
the  master  of  the  ceremonies,  came  to  inform  me  that  he  should 
accompany  me  to  the  Secretary  of  State,  and  to  Court,  he  said  that 
every  foreign  IMinister  whom  he  had  attended  to  the  Queen  had 
always  made  an  harangue  to  her  Majesty,  and  he  understood,  though 
he  had  not  been  present,  that  they  always  harangued  the  King. 

On  Tuesday  evening  the  Baron  de  Lynden  called  upon  me,  and 
said  he  came  from  the  Baron  de  Nolken,  and  had  been  conversing 
upon  the  singular  situation  I  was  sent  in,  and  agreed  in  opinion  that 
It  was  indispensable  that  I  should  make  a  speech,  and  that  it  should 
be  as  complimentary  as  possible ;  all  this  was  parallel  to  the  advice 


368  JOHN  ADAMS-JOHX  JAY. 

lately  given  by  the  Count  de  Vergennes  to  Mr.  Jefferson,  so  that, 
finding  it  was  a  custom  established  at  both  these  great  Courts,  and 
that  this  Court  and  the  foreign  Ministers  expected  it,  I  thought  I 
could  not  avoid  it,  although  my  first  thought  and  inclination  had 
been  to  deliver  my  credentials  silently  and  retire. 

At  one,  on  Wednesday,  the  1st  of  June,  the  master  of  ceremonies 
called  at  my  house,  and  went  with  me  to  the  Secretary  of  State's 
Office,  in  Cleveland  Row,  where  the  Marquis  of  Caermarthen  received 
me,  and  introduced  me  to  his  under  Secretary',  Mr.  Frazier,  who  has 
been,  as  his  Lordship  said,  uninterrupted  in  that  office  through  all 
the  changes  in  administraiion  for  thirty  years,  having  fii'st  been 
appointed  by  the  Earl  of  Holdemess. 

After  a  short  conversation  upon  the  subject  of  importing  my  effects 
from  Holland  and  France  free  of  duty,  which  Mr.  Frazier  himself 
introduced,  Lord  Caermarthen  invited  me  to  go  with  him  in  his  coach 
to  Court.  When  we  arrived  in  the  Ante-Chamber,  the  (Eil  dc  Boeiif 
of  St.  James's,  the  master  of  the  ceremonies  met  me  and  attended 
me,  while  the  Secretary  of  State  went  to  take  the  commands  of  the 
King.  While  I  stood  in  this  place,  where  it  seems  all  INIinisters 
stand  upon  such  occasions,  always  attended  by  the  master  of  cere- 
monies, the  room  very  full  of  INIinisters  of  State,  Bishops,  and  all 
other  sorts  of  courtiers,  as  well  as  the  next  room,  which  is  the  King's 
bed-chamber,  you  may  well  suppose  I  was  the  focus  of  all  eyes.  I 
was  relieved,  however,  from  the  embarrassment  of  it  by  the  Swedish 
and  Dutch  jNIinisters,  who  came  to  me  and  entertained  me  in  a  very 
agreeable  conversation  durinjf  the  whole  time.  Some  other  (rentle- 
men,  whom  1  had  seen  before,  came  to  make  their  compliments  to 
me,  until  the  Marquis  of  Caermarthen  returned  and  desired  me  to 
go  with  him  to  his  Majesty.  I  went  with  his  Lordship  tiirough  the 
levee  room  into  the  King's  closet.  The  door  was  shut,  and  1  was 
left  with  his  Majesty  and  the  Secretary  of  State  alone.  I  made  the 
three  reverences,  one  at  the  door,  another  about  half  way,  and  the 
third  before  the  presence,  according  to  the  usage  established  at  this 
and  all  the  norlliern  Courts  of  Europe,  and  then  addressed  myself  to 
his  Majesty  in  liie  following  words  : 

"Sir:  TIk!  Unilcul  Statt.vs  of  America  have  appointed  me  their 
*  Minister  Plcnipotf-ntiary  to  your  Majesty,  and  have  directed  me  to 
'deliver  to  your  Majesty  this  letter,  which  contains  the  evidence  of 
'  it.     It  is  in  obedience  to  their  express  commands  that  I  have  the 


DIPLOMATIC  CORRESPONDENCE.  369 

'  honor  to  assure  your  INIajesty  of  their  unanimous  disposition  and 
'  desire  to  cuhivate  the  most  friendly  and  liberal  intercourse  between 
'  your  Majesty's  subjects  and  their  citizens,  and  of  their  best  wishes 
'  for  your  Majesty's  health  and  happiness,  and  that  of  your  royal 
'  family.  The  appointment  of  a  IMinister  from  the  United  States  to 
'  your  Majesty's  Court  will  form  an  epoch  in  the  history  of  England 
'  and  of  America.  I  think  myself  more  fortunate  than  all  my  fellow- 
'  citizens  in  havino;  the  distinguished  honor  to  be  the  first  to  stand  in 
'  your  Majesty's  royal  presence  in  a  diplomatic  character,  and  shall 
'  esteem  myself  the  happiest  of  men  if  I  can  be  instrumental  in 
'  recommending  my  country  more  and  more  to  your  Majesty's  royal 
'  benevolence,  and  of  restoring  an  entire  esteem,  confidence,  and 
'  affection ;  or,  in  better  words,  the  old  good  nature  and  the  old  good 
'  humor  between  people  who,  though  separated  by  an  ocean,  and 
'  under  different  Governments,  have  the  same  lansuase,  a  similar 
'■  religion,  and  kindred  blood. 

"  I  beg  your  IMajesty's  permission  to  add  that,  although  I  have 
'  some  time  before  been  entrusted  by  my  country,  it  was  never  in 
'  my  whole  life  in  a  manner  so  agreeable  to  myself." 

The  King  listened  to  every  word  I  said  with  dignity,  but  with  an 
apparent  emotion.  Whether  it  was  the  nature  of  the  interview,  or 
whether  it  was  my  visible  agitation  (for  I  felt  more  than  I  did  or 
could  express)  that  touched  him,  I  cannot  say ;  but  he  was  much 
afiected,  and  answered  me  with  more  tremor  than  I  had  spoken 
with,  and  said : 

<*Sir:  The  circumstances  of  this  audience  are  so  extraordinary, 
the  language  you  have  now  held  is  so  extremely  proper,  and  the 
feelings  you  have  discovered  so  justly  adapted  to  the  occasion,  that 
I  must  say  that  I  not  only  receive  with  pleasure  the  assurance  of 
the  friendly  dispositions  of  the  United  States,  but  that  I  am  very 
glad  the  choice  has  fallen  upon  you  to  be  their  INIinister.  I  wish 
you,  sir,  to  believe,  and  that  it  may  be  understood  in  America,  that 
I  have  done  nothing  in  the  late  contest,  but  what  I  thought  myself 
indispensably  bound  to  do  by  the  duty  which  I  owed  to  my  people. 
I  will  be  very  frank  with  you.  I  was  the  last  to  consent  to  the 
separation ;  but  the  separation  having  been  made,  and  having 
become  inevitable,  I  have  always  said,  as  I  say  now,  that  I  would 
be  the  first  to  meet  the  friendship  of  the  United  States  as  an 
independent  Power.  The  moment  I  see  such  sentiments  and 
Vol.  n.— 24 


370  JOHN  ADAMS-JOHN  JAY. 

'language  as  yours  prevail,  and  a  disposition  to  give  to  this  country 
'the  preference,  that  moment  I  shall  say,  let  the  circumstances  of 
'lantruage,  religion,  and  blood  have  their  natural  and  full  effect." 

I  dure  not  say  that  these  were  the  King's  precise  words,  and  it  is 
even  possible  that  I  may  have  in  some  particular  mistaken  his 
meaning,  for  although  his  pronunciation  is  as  distinct  as  I  ever 
heard,  he  hesitated  some  time  between  his  periods,  and  between 
the  members  of  the  same  period.  He  was  much  affected,  and  I 
was  not  less  so,  and  therefore  I  cannot  be  certain  that  I  was  so 
attentive,  heard  so  clearly,  and  undei-stood  so  perfectly  as  to  be 
confident  of  all  his  words  or  sense,  and  I  think  that  all  which  he  said 
to  me  should  at  present  be  kept  a  secret  in  America,  unless  his 
Majesty  or  his  Secretary  of  State  should  judge  proper  to  report  it. 
This  I  do  say  that  the  foregoing  is  his  IMajesty's  meaning  as  I  then 
understood  it,  and  his  own  words  as  nearly  as  I  can  recollect  them. 
The  King  then  asked  me  whether  I  came  last  from  France,  and 
upon  my  answering  in  the  aflirmative,  he  put  on  an  air  of  familiarity, 
and  smiling,  or  rather  laughing,  said  there  is  an  opinion  amongst 
some  people  that  you  are  not  the  most  attached  of  all  your  country- 
men to  the  manners  of  France.  I  was  surprised  at  this,  because  I 
thought  it  an  indiscretion  and  a  departure  from  true  dignity.  I  was 
a  little  embarrassed,  but  determined  not  to  deny  the  truth  on  one 
hand,  nor  leave  him  to  infer  from  it  any  attachment  to  England  on 
the  other.  I  threw  off  as  much  gravity  as  I  could,  and  assumed  an 
air  of  gayety  and  a  tone  of  decision  as  far  as  was  decent,  and  said, 
that  opinion,  sir,  is  not  mistaken  ;  I  must  avow  to  your  Majesty  I 
have  no  attachment  but  to  my  own  country.  The  King  replied  as 
quick  as  lightning,  an  honest  man  will  never  have  any  other.  Tlie 
King  then  said  a  word  or  two  to  the  Secretary  of  State,  whieh,  being 
between  them,  1  did  not  hear,  and  then  ttuiied  and  bowed  to  me  as 
is  customary  with  all  Kings  and  Princes  when  they  give  the  signal  to 
retire.  1  retreated,  stepping  backward  as  is  the  etiquette,  and,  making 
my  last  reverence  at  the  door  of  the  chamber,  1  went  my  way. 

The  master  of  the  ceremonies  joined  me  the  moment  of  my  coming 
out  of  the  King's  closet,  and  accompanied  me  through  the  apart- 
ments to  my  carriage.  I  have  been  thn-;  minute  as  it  may  be  useful 
to  others  hereaft(^r. 

The  conversation  with  the  King,  Congress  will  form  their  own 
judgment  of.     I  may  expect  from  it  a  residence  less  painful  than  I 


DIPLOMATIC  CORRESPONDENCE.  371 

once  expected,  as  so  marked  an  attention  from  the  King  will  silence 
many  grumblers ;  but  we  can  infer  nothing  from  all  this  concerning 
the  success  of  my  mission.  There  are  a  train  of  other  ceremonies  to 
go  through.  The  Queen,  and  visits  to  and  from  Ministers  and 
Ambassadors,  which  will  take  up  much  time,  and  interrupt  me  in 
my  endeavors  to  obtain  what  I  have  at  heart — ^the  object  of  my 
instructions.  It  is  thus  the  essence  of  things  are  lost  in  ceremony  in 
every  country  of  Europe.  We  must  submit  to  what  we  cannot  alter. 
Patience  is  the  only  remedy. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  'Westminster,  June  6,  1785. 
Dear  Sir, 

Colonel  Smith,  on  the  3d  of  this  month,  informed  me  that 
Colonel  Forrest  had  been  with  him,  in  behalf  of  two  gentlemen  of 
Glasgow,  (i\Ir.  Calquhoun,  provost  of  that  city,  and  Mr.  Alexander 
Brown.)  who  were  deputed  by  the  merchants  of  that  place,  who  had 
debts  in  America,  to  confer  with  the  creditors  in  London  concerning 
an  application  to  Ministry  and  Parliament  to  obtain  their  interposition 
for  the  recovery  of  their  claims,  but  that  having  heard  of  the  appoint- 
ment of  a  Minister  to  this  Court,  and  of  my  arrival,  they  were 
desirous  of  seeing  me.  I  desired  Colonel  Smith  to  inform  them  that 
I  should  be  glad  to  see  them  the  next  morning.  Accordingly,  on 
the  4th  they  came,  and  Mr.  Calquhoun  informed  me  of  his  eiTand, 
and  said  that  he  was  very  glad  that  Congress  had  appointed  a 
Minister,  because  he  hoped  that  the  article  of  debts  would  now  be 
accommodated  to  mutual  satisfaction,  without  any  application  on 
their  part;  and  he  should  be  glad  to  return  to  Scotland  without 
making  any,  provided  he  could  be  furnished  with  a  reasonable 
account  to  give  of  himself  to  his  constituents. 

I  told  him  I  was  obliged  to  him  for  having  given  me  an  oppor- 
tunity to  see  him ;  that  the  merchants  of  Glasgow  must  be  sensible 
we  were  but  just  emerged  from  an  impoverishing  war,  in  which  there 
had  been  a  great  interruption  of  agriculture  and  commerce,  and  a 
still  greater  destruction  of  property,  which  rendered  it  difficult  for 
any  debtor,  and  impossible  for  many,  to  discharge  their  debts  fortli- 


372  JOHN  ADAMS-JOHN  JAY. 

with;  that,  I  was  persuaded,  there  was  a  general  disposition  to 
discharge  the  debts  as  fast  as  it  could  be  done,  but  that  time  and 
patience  were  as  much  for  the  interest  of  the  creditors  as  the  debtors ; 
that  if  there  had  been  any  interposition  of  the  Governments  in 
America,  it  had  been,  as  I  presumed,  solely  with  a  view  of  giving 
lime  to  negotiate  an  explication  of  the  article  of  the  treaty,  and  to 
prevent  the  imprudence  of  hasty  creditors  from  hurting  themselves  as 
well  as  the  debtors,  to  no  good  end ;  that  one  principal  object  of  my 
mission  was  to  negotiate  this  affair  with  the  Minister ;  and  although 
I  was  not  authorized  by  the  debtors,  and  could  not  be  empowered 
by  Congress,  to  treat  with  the  merchants  of  London  and  Glasgow, 
they  might  depend  upon  my  devoting  a  full  proportion  of  my  time  to 
this  subject  with  the  Ministry,  and  should  be  always  ready  to  hear 
any  proposals,  explanations,  or  arguments,  even  from  individuals, 
and  to  transmit  them  to  Congress,  if  they  were  such  as  merited 
attention ;  that  it  was  thought  very  hard  and  unreasonable  in 
America  that  interest  should  be  insisted  on  during  the  war,  and  that 
if  the  creditors  could  be  brought  to  consent  to  relinquish  it,  and  that 
a  reasonable  time  should  be  allowed,  I  thought  the  whole  might  be 
arranged  to  mutual  benefit  and  satisfaction ;  that  creditors  should 
consider  that  there  was  a  great  demand  for  clothing,  stock,  and 
utensils,  to  repair  the  waste  of  war,  and  to  put  estates  into  a  condition 
to  produce  and  to  set  commerce  in  motion  ;  that  this,  together  with 
the  zeal  to  pay  as  much  of  their  debts  as  possible,  had  already  raised 
the  interest  of  money,  even  to  an  alarming  height;  that  it  must  be 
better  to  allow  the  debtor  time  to  turn  himself,  tliat  he  might  pay  all, 
rather  than  press  him  suddenly,  so  that  he  might  not  be  able  to  pay 
more  than  a  part ;  that  if  property  were  seized  upon  now,  it  might 
not  produce  half  its  value,  whereas,  left  in  the  hands  of  the  present 
possessor,  it  would  enable  him  to  employ  it  to  such  advantage  as  to 
pay  his  d«ibts  in  time. 

Mr.  Calquhoun  made  no  particular  reply  to  the  subject  of  interest, 
but  said  the  in(;rchants  of  Glasgow  were  fully  sensible  of  the  circum- 
stances I  had  mentioned,  and  were  very  willing  to  wait,  and  they 
were  desirous  of  entering  into  some  agreement  that  the  debts  should 
bo  paid  in  five  years  by  instalments,  one  fifth  in  a  year ;  but  they 
were  alarmed  at  the  spirit  of  mignition  into  the  wilderness  in 
America.  They  thought  it  wrong  to  be  restrained  from  arresting 
the  person  or  attaching  property  of  a  debtor  whom  they  saw  about 


DIPLOMATIC  CORRESPONDENCE.  373 

to  remove  to  Kentucky  and  other  places,  where  they  could  never  be 
come  at.  I  told  him  that  this  was  new  to  me,  but  that  Kentucky 
and  all  other  new  settlements  were  under  the  laws  and  jurisdiction 
of  some  State  as  I  supposed,  and,  therefore,  the  debtor  and  his 
property  would  be  within  the  reach  of  the  creditor  as  much  as  if  he 
remained  in  the  cities  and  old  settlements,  and  as  those  removals 
commonly  advanced  the  fortunes  of  the  emigrants,  it  might  be  rather 
a  benefit  to  their  creditors  by  increasing  the  ability  to  pay.  I 
subjoined  that  there  were  two  things  which  fell  very  hard  upon  the 
debtors  in  the  States  of  Virginia  and  New  York,  (for  he  had 
mentioned  these  particularly,)  one  was  the  great  number  of  negroes 
which  had  been  carried  away.  If  these  negroes  had  been  restored 
according  to  the  treaty,  they  would  have  been  at  work  to  earn 
money  to  pay  their  masters'  debts ;  but  the  carrying  them  off  was  a 
double  loss  to  the  owner,  and  the  holding  possession  of  the  posts 
upon  the  frontiers  had  kept  out  of  our  hands  a  valuable  trade,  which 
would  have  gone  a  great  way  to  enable  us  to  pay  our  debts.  He 
said  he  thought  it  a  very  foolish  thing  to  hold  possession  of  the 
posts,  &ic.  That  he  would  venture  to  return  to  Scotland,  and 
would  take  no  more  measures  about  applying  to  Parliament,  which 
he  was  sensible  must  excite  a  clamor,  and  he  hoped  the  merchants 
of  Glasgow  would  be  contented  to  wait.  He  seemed  to  be  well 
pleased  with  the  conversation,  and  took  his  leave  in  good  humor,  so 
that  I  think  it  very  lucky  that  so  noisy  a  business  as  a  petition  to 
Parliament  should  be  so  easily  diverted  at  this  critical  moment. 

But  I  am  unfortunate  in  another  respect,  as  my  Lord  Caermarthen 
is  ill  of  a  fever,  so  that  I  shall  not,  I  fear,  be  able  to  commence 
conferences  with  him  upon  business  so  soon  as  hoped.  No  time 
shall  be  lost  by  me. 

With  great  and  sincere  esteem,  Sic,  JOHN  ADAMS. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  August  3,  1785. 
Dear  Sir, 

I  have  had  the  honor  to  receive  and  communicate  to  Congress 

your  letters  of  the  15th  December,  1784,  13th  and  24th  April,  4th, 

5th,  7th,  8th,  13th,  29th  May,  which  enclosed  your  correspondence 

with  Lord  Caermarthen,  30th  May  and  1st  June. 


374  JOHN  ADAMS-JOHN  JAY. 

April  24. — Congress  are  pleased  to  hear  that  you  have  completed 
the  loan  in  Holland ;  but  have  not  directed  me  to  say  any  thing  of 
opening  a  new  one.  I  wish  I  could  answer  you  that  the  exertions 
of  the  States  to  provide  for  the  payment  of  the  public  debts  were 
proportionate  to  the  public  exigencies.  At  present  they  are  not; 
but  we  flatter  ourselves  that  our  expectations  on  that  head  will  yet 
be  realized,  and  that  the  different  Legislatures,  at  their  ensuing 
sessions,  will  see  the  necessity  of  adopting  more  efficient  measures 
than  have  hitherto  been  taken. 

I  am  entirely  of  opinion  with  you  that  the  people  of  this  country 
should,  by  a  punctilious  observance  of  the  treaty,  enable  you  to 
insist  with  more  propriety  than  energy  on  its  being  kept  with  equal 
good  faith  by  Britain.  The  case  of  the  refugees  is  a  delicate 
subject,  and  my  sentiments  respecting  it  perfectly  correspond  with 
yours. 

The  obliging  terms  in  which  you  mentioned  my  appointment  to 
this  office  demand  my  warmest  acknowledgments.  Be  assured  my 
endeavors  shall  not  be  wanting,  so  to  conduct  the  business  of  this 
department  as  to  confmn  the  opinion  you  entertain  of  my  attention 
to  it. 

There  is  reason  to  believe  that  the  demand  of  Mr.  Longchamps 
will  not  be  persisted  in. 

May  Ath. — I  presume  you  will  not  receive  a  letter  of  recall  from 
your  legation  to  the  Hague  until  a  successor  shall  bo  appointed. 
Governor  Livingston  was  elected,  but  declined ;  and  the  answer  of 
Governor  Rutledge,  who  has  since  been  appointed,  is  not  yet 
arrived.  Perhaps  circumstances  may  admit  of  your  making  a  trip 
to  the  Hague  to  take  leave  in  form.  If  not  a  letter  mentioning,  in 
general  terms,  the  obstacles  which  detain  you  would  probably  be 
satisfactory  to  their  High  Mightinesses. 

The  ralamities  experienced  and  apprehended  by  France  from  the 
unseasonable  weather  of  the  late  spring  are  severe,  and  must  naturally 
have  the  tfndenry  you  remark.  I  am  hai)py  to  inform  you  that  this 
country  enjoys  a  plentiful  harvest. 

May  Sth. — If  Britain  should  object  to  the  jmwers  of  Congress  to 
form  treaties  of  commerce,  it  will  probably  be  for  tiu!  jjurposo  of 
di'lay.  There  is  no  reason  to  .suspect  that  tiu;  dilTercnt  Stalls  even 
wish  to  send  Ministers  to  foreign  Powers  in  any  other  way  than  the 
on<r  direcicd   by  the  Confederation.     Nor  is  it  more  probable  that 


DIPLOMATIC  CORRESPONDENCE.  375 

Congress  will  refer  their  proper  business  to  the  deliberation  and 
discussion  of  the  different  Legislatures ;  for  such  references  would 
sap  the  foundation  of  Federal  Government.  Whether  any  and  what 
measures  may  be  necessary  to  obviate  the  difficulties  you  allude  to 
on  those  points,  will  best  be  decided  when  the  nature  and  extent  of 
them  can  be  ascertained.  Your  conferences  with  the  Minister  will 
soon  put  you  in  capacity  to  remove  all  doubts  on  that  head. 

May  I3th. — The  attention  paid  you  by  the  Duke  of  Dorset 
strikes  me  as  marks  of  his  good  sense ;  and  the  cautious  manner  in 
which  he  compared  notes  with  you,  shews  that  much  is  not  to  be 
expected  from  his  frankness  ;  but  whatever  may  be  the  intentions  of 
his  Court  as  to  our  frontiers,  he,  and  in  whatever  degree  of  silence 
and  mystery  they  may  wish  to  involve  their  designs,  your  first  con- 
versation with  the  Minister  on  these  heads  must  furnish  you  at  least 
with  a  clue  to  them. 

The  expenses  of  the  presentation  of  yourself  and  family  will 
doubtless  be  considerable,  and  I  have  long  been  of  opinion  that  your 
salary  is  not  equal  to  what  the  expenses  of  a  Minister  ought  to  be ; 
for  custom  and  fashion  often  exact  a  tribute,  which,  however  just 
and  virtuous  to  refuse,  is  often  very  expedient  to  pay.  In  short, 
your  salary  is  more  than  what  a  private  gentleman  may,  with  care, 
live  decently  upon,  but  is  less  than  is  necessary  to  enable  you  to  live 
as  other  Ministers  usually  and  generally  do.  Whether  Congress  will 
make  any  alterations  in  this  respect  is  very  uncertain.  There  are 
men  in  all  the  States  who  make  a  merit  of  saving  money  in  small 
matters,  \yithout  sufficiently  attending  to  the  consequences  of  it. 

May  29th. — I  congratulate  you  sincerely  on  your  arrival  in 
London  ;  and  think  you  were  very  right  in  settling  all  matters  of 
etiquette  with  the  Marquis  of  Caermarthen  previous  to  your  presenta- 
tion. A  letter  of  credence  to  the  Queen  was,  I  believe,  neither 
heard  nor  thought  of  here.  I  think  it  would  be  well  to  make  further 
inquiries  respecting  that  matter;  so  that  we  may  form  some  judg- 
ment of  the  usual  tenor  and  contents  of  such  letters.  I  wish  you 
had  informed  me  whether  such  a  letter  could,  w^ith  propriety,  yet 
be  sent  you,  or  whether  it  would  be  better  to  be  silent  about  the 
omission,  and  only  take  care  not  to  repeat  it  on  a  future  occasion. 
Your  opinion  would  be  the  more  decisive,  because  you  may  learn 
with  certainty  whether  such  a  letter  is  yet  expected  from  Congress. 
At  any  rate,  I  think  it  would  be  well  to  give  assurances  that  the 


376  JOHN  ADAMS— JOHN  JAY. 

omission  proceeded  not  from  want  of  respect,  but  for  want  of 
information  ;  for  that,  undoubtedly,  was  the  fact. 

May  20th. — Your  communicating  to  the  Danish  Minister  a  copy 
of  the  resolution  of  the  21st  March  was  rendered  very  proper  by  M. 
de  St.  Saphorin's  having  been  recalled. 

On  the  25th  ]March  last,  the  papers  you  alluded  to  respecting  the 
Morocco  business  were  forwarded  to  Captain  Lamb,  by  a  messenger 
whom  we  sent  for  them.  At  what  time  exactly  he  sailed,  I  am  not 
informed,  though  I  am  persuaded  it  must  have  been  very  soon  after 
the  return  of  his  messenger. 

June  1st. — It  gives  me  pleasure  to  hear  that  your  reception  at  St. 
James's  was  such  as  you  represent  it.  I  flatter  myself  that  the 
difficulties  you  expect  to  encounter  will  be  surmounted  by  the  like 
address  and  temperate  perseverance  which  gave  success  to  your 
negotiations  in  Holland. 

I  hope  by  the  next  conveyance  to  be  enabled  to  communicate  to 
you  some  directions  of  Congress  respecting  the  payment  of  the 
salaries  of  yourself  and  the  other  public  Ministers  and  servants  in 
Europe.  I  made  a  report  on  that  subject  to  Congress  the  1st  April 
last,  which  is  still  under  their  consideration. 

You  will  receive  some  of  our  latest  newspapers,  and  the  Journal 
of  Congress  from  the  1st  jMarch  to  19th  June  last. 

I  have  the  honor  to  be,  &:c.,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  Westminster,  June  10,  1785. 
Sir, 

Yesterday,  the  9th  of  the  month,  I  was  presented  to  the  Queen 
by  my  I»rd  Ailesbury,  her  Lord  Chaml)erlain,  having  been  attended 
to  his  Ix)rdship  and  introduced  to  him  by  the  master  of  the  cere- 
nionif's.  The  Quocn  was  attended  by  her  ladies,  and  I  made  my 
compliments  to  her  Majesty  in  the  following  words: 

"Madam:  Among  the  many  circumstances  wiiich  have  rendered 
'  my  mission  to  bis  Majesty  desiral)Ie  to  me,  I  have  ev(>r  considered 
'  it  as  a  principal  one  tiiat  I  should  have  an  opportunity  of  making 
'  my  court  to  a  groat  Queen,  whose  royal  virtues  and  talents  have 
'ever  been  acknowledged  and  admired  in  America,  as  well  as  in  all 


DIPLOMATIC  CORRESPONDENCE.  377 

*  nations  of  Europe,  as  an  example  to  princesses,  and  the  glory  of 
<her  sex.  Permit  me,  madam,  to  recommend  to  your  Majesty's 
'royal  goodness,  arising  empire  and  an  infant  virgin  world.  Another 
'  Europe,  madam,  is  rising  in  America.     To  a  philosophical  mind 

<  like  your  Majesty's  there  cannot  be  a  more  pleasing  contemplation 
'  than  this  prospect  of  doubling  the  human  species,  and  augmenting, 
'  at  the  same  time,  their  prosperity  and  happiness.  It  will  in  future 
'  ages  be  the  glory  of  these  kingdoms  to  have  peopled  that  country, 
'  and  to  have  sown  there  those  seeds  of  science,  of  liberty,  of  virtue, 
'  and  permit  me,  madam,  to  add,  of  piety,  which  alone  constitute 
'  the  prosperity  of  nations,  and  the  happiness  of  the  human  race. 

"  After  venturing  upon  such  high  insinuations  to  your  Majesty,  it 
'  seems   to  be   descending  too  far  to  ask,  as  I  do,  your  Majesty's 

<  royal  indulgence  to  a  person  who  is  indeed  unqualified  for  Courts, 
'  and  who  owes  his  elevation  to  his  distinguished  honor  of  standing 
'  before  your  Majesty  not  to  any  circumstances  of  illustrious  birth, 
'  fortune,  or  abilities,  but  merely  to  an  ardent  devotion  to  his  native 
'  country,  and  some  little  industry  and  perseverance  in  her  ser- 
'vice." 

The  Queen  answered  me  in  these  words : 

"  I  thank  you,  sir,  for  your  civilities  to  me  and  my  family,  and  am 
'  glad  to  see  you  in  this  country." 

The  Queen  then  asked  me  if  I  had  provided  myself  with  a  house. 
I  answered,  "  I  have  agreed  for  one,  madam,  this  morning."  She 
then  made  her  courtesy,  and  I  made  my  reverence  and  retired  into 
the  drawing-room,  when  the  King,  Queen,  Princess  Royal,  and 
the  younger  Princess,  her  sister,  all  spoke  to  me  very  obligingly. 
I  attended  until  the  drawing-room  was  over,  and  then  returned 
home. 

It  has  been  necessary,  in  order  to  guard  against  false  reports  and 
malicious  fictions,  to  reduce  to  writing  what  was  said  in  my  audience 
of  the  King  and  Queen ;  and  it  is  the  custom  of  all  Ministers  to 
transmit  these  compliments  to  their  Courts. 

I  transmit  them  to  you  in  cypher,  that  they  may  be  exposed  to  as 
little  criticism  as  possible,  as  the  Court  knew  very  well  that  the  eyes 
of  all  nations  were  fixed  upon  these  audiences.  It  may  be  fairly 
concluded  from  them  that  it  is  the  intention  of  the  Royal  family, 
and  of  Ministers,  to  treat  America  like  other  foreign  Powers ;  but 
our  inferences  can  go  no  further.     We  cannot  infer  from  this  that 


378  JOHN  ADAMS-JOHN  JAY. 

they  will  relax  their  navigation  act  for  us  any  more  than  for  France. 
We  are  sure  of  one  thing,  that  a  navigation  act  is  in  our  power  as 
well  as  in  tlieirs,  and  that  ours  will  be  more  hurtful  to  them  than  to 
us.  In  short,  it  is  scarcely  possible  to  calculate  to  what  an  height 
of  naval  power  a  navigation  act  will  raise  the  United  States  in  a 
few  years. 

With  great  esteem,  he,  JOHN  ADAMS. 


FROM   JOHN    ADAMS    TO    JOHN    JAY. 

Westminster,  June  17,  1785. 
Sir, 

At  three  o'clock,  according  to  appointment,  I  went  to  the  Secre- 
tary of  State's  office,  in  Cleveland  Row,  St.  James's,  and  was 
immediately  received  by  the  Marquis  of  Caermarthcn. 

His  Lordship  began  the  conversation  by  saying  that  he  could 
answer  for  himself,  and  he  believed  for  the  rest  of  the  King's 
servants,  that  they  were  sincerely  desirous  of  cultivating  the  most 
cordial  fricndsiiip  with  America,  and  for  doing  everything  in  their 
power  for  dissipating  every  little  animosity  that  might  remain  among 
individuals.  In  return,  I  told  his  Lordship  that  I  was  glad  to  hear 
such  assurances  from  him  and  the  other  INIinistcrs,  and  that  I  was 
very  confident  that  the  people  of  the  United  States  had  correspondent 
dispositions,  and  that  I  had  sanguine  hopes  that,  in  a  short  time,  all 
remaining  difficulties  would  be  amicably  settled ;  that,  to  this  end,  I 
was  charged  by  Congress  with  several  particulars,  which  had  hitherto 
given  some  uneasiness,  but  which,  upon  a  candid  discussion,  might 
be  easily  accommodated,  as  I  hoped,  to  mutual  satisfaction.  That 
there  were  six  principal  points  to  be  discussed  with  his  Lordship. 
The  first,  and  perhaps  the  most  pressing,  was  the  posts  and  territories 
within  the  limits  of  the  United  States,  which  were  still  held  by  British 
garrisons ;  the  exportation  of  negroes  and  other  American  projx'rty, 
which,  by  the  seventh  article  of  ilie  treaty  of  peace,  was  not  to  be 
exported  ;  the  tendency  of  the  restrictions  on  our  trade  to  incapaci- 
tate our  merchants  to  make  remittances  to  theirs ;  the  losses  of  our 
merchants  as  well  as  theirs,  if  we  were  unseasonably  pressed  for  the 
payment  of  debts  contracted  before  the  war;  the  construction  of  the 


DIPLOMATIC  CORRESPONDENCE.  379 

armistice  of  20th  Januarj^,  1783,  and  the  decision  of  questions  of 
captures  made  after  the  expiration  of  the  month ;  and  the  hquidation 
of  the  charges  of  prisoners  of  war.  These  were  the  general  heads. 
The  great  question  of  the  commerce  between  the  countries,  involving 
so  many  interests,  and  those  of  so  important  and  so  permanent  a 
nature,  might  be  attended  with  the  most  difficulties  and  require  the 
longest  time  to  be  adjusted ;  but  all  the  others  appeared  to  be  so 
clear  and  easy,  that  I  hoped  they  might  soon  be  finished,  that, 
however,  having  barely  opened  to  his  Lordship  the  principal  matters 
of  negotiation,  I  should  not  enlarge  upon  all  of  them  at  present. 

That  the  debts  seemed  to  be  a  leading  point,  because  they  were 
intimately  connected  with  all  the  others.  The  withholding  the 
posts,  the  exportation  of  so  many  negroes,  the  restrictions  on  our 
trade,  the  misconstruction  of  the  armistice,  and  the  delay  of  liqui- 
dating the  charges  of  prisoners,  had  all  contributed  very  much  to 
obstruct  our  merchants  in  their  honest  exertions  to  discharge  their 
debts  to  the  merchants  of  Great  Britain ;  that  it  could  not  be 
unknown  to  his  lordship  that  the  withholding  the  posts  had  withheld 
from  our  merchants  a  very  profitable  fur  trade,  which  we  justly 
considered  as  our  right;  that  the  furs  which  would  have  been 
obtained,  if  the  posts  had  .been  in  our  hands,  would  have  come  to 
England  in  payment  of  debts  to  the  amount  probably  of  several 
hundred  thousand  pounds ;  and  his  lordship  must  be  sensible  that 
one  hundred  thousand  pounds  a  year  more  would  have  gone  a  great 
way  towards  contenting  the  creditors  of  this  country ;  tliat  it  was 
impossible  to  say  what  a  difference  had  been  made  by  carrying  away 
the  negroes,  which  belonged  chiefly  to  the  southern  States,  and  if 
the  treaty  had  been  observed,  would  have  been  at  work  on  their 
masters'  plantations,  so  that  not  only  their  original  value,  but  their 
labor  had  been  lost,  all  of  which  might  and  ought  to  have  been 
applied  to  the  payment  of  debts ;  that  it  was  well  known  that  a 
number  of  valuable  vessels  had  been  taken  upon  the  coast  of 
America,  after  the  expiration  of  the  month,  and  as  yet  withheld  from 
the  o\Miers,  who  were  all  probably  debtors,  which  had  incapacitated 
them  so  far  to  pay ;  that  there  was  supposed  to  be  a  large  balance 
in  our  favor  in  the  account  of  the  charges  of  prisoners,  which  being 
withheld,  operated  still  to  disable  us  to  that  amount  to  do  as  we 
desired  to  do ;  that  from  all  that  I  might  be  supposed  to  know  of  the 
character  of  the  people  of  the  United  States,  and  from  all  the  mtelli- 


380  JOHN  ADAMS— JOHN  JAY. 

gence  I  could  gather  from  all  parts  of  them,  I  was  persuaded  that 
nothing  lay  with  greater  weight  upon  their  minds  than  the  payment 
of  their  debts ;  that  they  thought  their  moral  characters  and  their 
reputations  as  men,  as  well  as  their  credit  as  merchants,  concerned 
in  it ;  that  their  zed  to  make  remittances  had  been  such  as  to  raise 
the  interest  of  money  to  double  its  usual  standard — to  advance  the 
price  of  bills  of  exchange  to  eight  or  ten  per  cent,  above  par,  and  to 
raise  even  the  prices  of  the  produce  of  the  country  to  almost  double 
its  usual  standard ;  that  his  lordship  well  knew  we  had  no  other 
mines  of  gold  and  silver  than  our  lands  and  seas ;  that  large  sums 
of  the  circulating  cash  we  had  have  been  remitted  to  Endand  in 
specie,  and  as  much  produce  as  could  be  purchased,  at  almost  any 
rate,  but  that  this  produce  lay  in  magazines  in  London,  because  it 
would  not  fetch  the  price  that  was  given  for  it  in  America ;  that  the 
people  of  America  were  nineteen-twentieths  of  them  farmers ;  that 
these  had  sold  their  produce  dearer,  and  purchased  the  manufactures 
of  Europe  cheaper,  since  the  peace,  than  ever ;  but  that  the  situation 
of  the  merchants,  both  in  America  and  in  England,  had  been,  and 
continued  to  be,  very  distressing.  IVo  political  arrangements  having 
been  made,  they  had  all  expected  that  the  trade  would  return  to  its 
old  channels,  and  nearly  under  the  same  regulations ;  but  they  had 
been  disappointed — British  merchants  had  made  large  advances,  and 
American  merchants  contracted  large  debts,  both  depending  upon 
remittances  in  the  usual  articles,  and  upon  the  old  terms,  but  both 
had  found  themselves  disappointed,  and  it  was  much  to  be  feared 
that  the  consequence  would  be  numerous  failures.  That  the  cash 
and  bills  had  been  chiefly  remitted,  to  the  great  loss  and  danger  to 
the  country ;  that  remittances  could  not  be  made  as  heretofore,  by 
reason  of  obstructions,  restrictions,  and  imposts  laid  by  Great  Britain 
on  our  exports  to  Great  Britain  ;  that  neither  rice,  tobacco,  pitch, 
tar,  turpentine,  ships,  oil,  nor  other  articles,  the  great  sources  of 
remittances  fonnerly,  could  now  be  sent  as  heretofore,  and  the  trade 
of  the  West  Indies,  fonnerly  a  vast  source  of  remittance,  was  now 
obstructed  ;  that,  under  these  circumstances,  if  the  debtor  sliould  he 
immediately  pressed  i)y  his  JJritish  creditor,  it  would  be  a  certain 
loss  to  both;  that  it  was  apj)rehen(led,  among  a  number  of  creditors, 
there  iiiight  b('  some,  j)er!iaps  many,  influenred  hy  strong  passions, 
by  kiien  avidity  or  by  j)ersonal  resentment,  who  might  rashly  make 
use  of  the  law  to  liie  ruin  of  his  debtor,  without  being  able,  however, 


DIPLOMATIC  CORRESPONDENCE.  381 

to  recover  much  of  his  debt.  Here  his  lordship  interrupted  me,  and 
said,  I  have  seen  one  remarkable  instance  of  the  violence  and 
unreasonableness  of  private  resentment,  when  Mr.  Chase  was  here 
from  Maryland,  in  one  of  the  trustees  of  the  JNIaryland  stock.  Mr. 
Chase  produced,  from  the  Legislature  of  Maryland,  authority  to 
make  full  compensation  to  a  relation  of  that  trustee  from  an  estate 
that  had  been  confiscated,  but  he  would  not  accept  it,  though  I  told 
him  he  would  not  be  able  to  prevent  the  claim  of  Maryland,  but 
would  probably  hurt  his  own  interest,  or  that  of  his  relation.  I  told 
his  lordship  I  had  yesterday  received  a  letter  from  jMr.  Paca,  the 
Governor  of  Maryland,  relative  to  the  claim  of  that  State,  and 
should  be  glad  to  do  them  any  service  with  his  lordship  or  elsewhere, 
respecting  that  affair.  That  if  his  lordship  gave  their  full  weight  to 
all  these  considerations,  he  must  see  the  motives  and  the  necessity 
of  restraining  the  impetuosity  of  creditors.  His  lordship  then  read 
me,  from  a  late  petition  to  him  from  the  merchants,  an  account  of  a 
bill  lately  brought  into  the  Assembly  of  Virginia,  for  paying  the 
debts  by  instalments,  which  he  understood  had  been  lost  by  a  sudden 
storm  or  frost.  The  merchants  complained  of  the  cutting  off  the 
interest  during  the  war,  of  the  long  term  of  years,  and  of  the  restraint 
from  preventing  the  alienation  of  property,  or  of  removal  of  debtors 
into  the  wilderness. 

His  Lordship  heard  me  very  attentively,  and  said  that  he  hoped 
we  should  be  able,  with  patience  and  time,  to  adjust  all  these  things ; 
that  we  should  probably  meet  with  many 'rubs  in  our  way;  that 
passion  and  private  interest  would  sometimes  be  in  our  way,  on  both 
sides ;  but  while  the  Ministers  on  both  sides  could  keep  right,  he 
should  think  we  might  succeed ;  for  his  part,  he  was  for  attending  to 
every  consideration,  and  giving  it  its  just  weight,  and  he  desired  me 
to  give  him  in  writing  something  to  begin  upon.  He  thought  the 
affair  of  the  posts  the  most  pressing,  and  wished  I  would  begin  with 
that.  I  told  his  Lordship  that  I  would  let  him  know,  between  him 
and  me,  that  I  had  instructions  to  require  the  evacuation  of  the  posts 
and  surrender  of  all  our  territory,  but  wished  to  conduct  the  business 
with  all  the  delicacy  that  was  possible ;  and,  therefore,  1  wished 
rather  to  inquire  of  his  Lordship  what  were  the  intentions  of  his 
Majesty's  Ministers,  and  whether  they  had  already  expedited  orders 
for  the  evacuation  of  the  posts,  Stc.  His  Lordship  said  I  must  give 
him  my  inquiries  in  writing,  that  he  might  have  a  ground  for  making 


382  JOHN  ADAMS-JOHN  JAY. 

those  inquiries  himself,  as  it  was  an  affair  in  another  department.  I 
agreed  accordingly  to  make  an  office  of  it. 

I  shall  ^f.  first  confine  myself  to  decent  inquiries  concerning  the 
orders  given,  or  to  be  given  ;  and  if  I  receive  positive  assurances 
that  explicit  orders  are  gone  to  the  Governor  and  Commander-in- 
Chief  in  Canada  to  evacuate  all  the  posts  and  territories,  I  shall 
content  myself  to  wait ;  but  if  I  do  not  obtain  such  explicit  assur- 
ances, I  shall  think  it  my  duty  to  present  a  memorial,  with  a  decent 
but  firm  requisition.  1  shall  transmit  to  you,  sir,  every  step  of  my 
progress  ;  but  1  find  it  very  tedious — and  fear  you  will  find  it  more 
so — to  transmit  particular  circumstances  in  detail.  When  one  looks 
over  again  a  letter  in  which  he  has  attempted  it,  he  finds  a  multitude 
of  things  omitted,  or  but  half  represented. 

With  great  esteem,  ^c,  JOHN  ADAMS. 

P.  S.  I  forgot  a  circumstance  of  some  consequence.  His  Lord- 
ship said  he  had  seen  in  the  gazettes  some  proceedings  at  Boston, 
which  he  was  very  sorrj'  to  see.  I  answered  that  1  had  seen  them 
in  the  same  gazettes,  as  I  supposed,  and  had  no  more  authentic 
account  of  them  ;  that  I  had  no  authority  to  say  anything  oflicially 
about  them,  but,  as  an  individual,  I  might  say  that  the  observations 
I  just  had  the  honor  to  make  to  his  Lordship  concerning  the  state 
of  the  commerce  between  the  two  countries,  would  be  sufiicient  to 
explain  to  his  Lordship  the  motives  to  those  proceedings,  and  to 
convince  his  Lordship  of  the  probability  of  such  sentiments  and 
proceedings  becoming  general  throughout  the  United  States,  and 
alienating  the  commerce  of  that  country  from  this,  either  by  in- 
creasing manufactures  in  America,  or  opening  new  channels  of 
commerce  with  other  countries ;  which  might  easily  be  done  unless 
some  arrangements  wore  made  which  might  facilitate  remittances. 
It  was  so  obviously  the  true  policy  of  this  country  to  facilitate 
remittances  from  America,  and  to  encourage  everything  we  could 
send,  as  the  Americans  think,  tiiat  when  they  find  remittances 
discouraged,  impeded,  and  even  prohibited,  it  was  natural  to  expect 
they  wouhi  be  alarmed,  and  begin  to  l(x>k  out  for  other  resources ; 
that  my  fellow-citizens  were  very  confident  they  hud  the  power  in 
their  own  hands  to  do  thomselves  justice^  as  soon  as  they  should  find 
it  flenied  theinlxTo;  but  1  hoped  the  dillicullies  would  all  be  removed 
here.  The  whole  conference  was  conducted  with  perfect  good 
humor;  and,  on  the  part  of  his  Lordship,  with  perfect  pohteness. 


DIPLOMATIC  CORRESPONDENCE.  8Q3 

FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  August  26,  1785. 

Dear  Sir, 

It  gives  me  pleasure  to  inform  you  that  your  letters  of  2d,  6th, 
and  17th  June  last  have  been  received,  and  were  this  day  laid  before 
Congress,  who,  I  am  persuaded,  will  read  them  with  as  much  satis- 
faction as  I  have  done.  You  have  been  in  a  situation  that  required 
much  circumspection.  I  think  you  have  acquitted  yourself  in  a 
manner  that  does  you  honor. 

The  vessel  that  is  to  cany  this  sails  in  the  morning,  so  that  at 
present,  I  can  only  add  my  best  wishes,  and  assure  you  that  I 
am,  &.C., 

JOHN  JAY. 


REPORT    OF    SECRETARY    JAY    ON    HIS    LETTER    OF    INSTRUCTION    TO 
THE    AMERICAN    MINISTER    AT    LONDON. 

Office  for  Foreign  Affairs,  June  23,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  his  letter  of  the  19th  ultimo  to  his 
Excellency  the  President  of  Congress,  reports  thereupon : 

That,  in  his  opinion,  it  would  be  advisable  to  permit  your  Secretary 
to  write  a  letter  of  the  following  tenor,  in  cyphers,  and  by  a  private 
hand,  to  the  jNIinister  Plenipotentiary  of  the  United  States  at  the 
Court  of  London,  viz : 

Sir, 

It  is  more  than  probable  that  this  letter  will  find  you  in  London. 

The  manner  of  your  reception  at  that  Court,  and  its  temper, 
views,  and  dispositions  respecting  Americaa  objects,  are  matters 
concerning  which  particular  information  might  be  no  less  useful  than 
it  is  interesting.  Your  letters  will,  I  am  persuaded,  remove  all 
suspense  on  those  points. 

While  men  or  States  are  influenced  by  their  passions  and  their 
interest  alternately,  without  having  reduced  their  pursuit  of  either  to 
system,  it  is  impossible  to  predict  which  of  those  motives  will 
preponderate  on  certain  occasions,  and  render  certain  combinations 
of  circumstances. 


384  JOHN  ADAMS-JOHN  JAY. 

Hence  it  is  uncertain  how  fiir  and  in  what  instances  the  national 
ill  temper  of  Britain  towards  this  country  may  lead  that  kingdom  to 
gratify  it  at  the  expense  of  a  more  conciliating  and  advantageous 
policy. 

It  is  well  known  that  these  countries,  prior  to  the  late  war,  carried 
on  a  valuable  trade  with  Honduras  and  Campeachy,  and  employed 
above  one  hundred  vessels  in  exchanging,  at  the  English  settlements, 
beef,  pork,  and  other  kinds  of  provision  for  logwood,  mahogany, 
sarsaparilla,  &;c., 

It  being  the  policy  of  Spain  to  keep  other  nations  at  a  distance 
from  their  American  dominions,  she  beholds  these  settlements  with 
pain  and  jealousy. 

The  uneasiness  which  subsists  at  present  between  those  two 
nations  on  that  subject,  seems  to  offer  us  an  opportunity  of  nego- 
tiating with  the  English  for  a  participation  in  their  right  to  cut 
logwood,  or  at  least  to  trade  with  them  us  formerly. 

They  may,  perhaps,  think  it  expedient  to  strengthen  their  footing 
in  those  parts  by  interesting  us  in  the  advantages  resulting  from  their 
continuing  to  maintain  it. 

It  would  not  be  difficult  for  you  to  sound  the  Minister  so 
effectually,  and  yet  circumspectly  on  this  head,  as  to  enable  you  to 
discern  his  disposition  and  sentiments  on  the  one  hand,  and  yet 
avoid  committing  either  Congress  or  yourself  on  the  other,  as  the 
experiment,  whether  successful  or  not,  can  cost  little,  as  in  the  one 
event  it  may  produce  good,  and  the  other  no  inconveniences  can 
follow.     I  think  it  would  be  advisable  to  make  it. 

Various  considerations,  of  which  I  am  sure  you  are  apprized,  render 
it  necessary  to  manage  this  matter  with  caution  and  secrecy,  as  well 
on  account  of  those  with  whom  you  may  hnxr  to  negotiate  as  of 
those  who  may  eventually  be  ail'ected,  or  think  themselves  so,  by  the 
issue. 

The  English  and  their  Minister  do  not  like  us  ;  and  you  know 
dislike  and  disgust,  whether  well  or  ill  founded,  always  opjjosc,  and 
frequently  exclude,  both  confidence  and  candor;  in  such  cases, 
tlu-refore,  constant  provision  and  much  circumsix'ction  are  n-(juisite. 

Your  knowledge  of  Spain,  and  the  political  relation  in  which  she 
stands  to  us  and  to  others,  make  it  unnecessary  to  observe,  that  the 
measure  in  question  would,  if  known,  meet  with  strong,  if  not  open, 
opposition  from  that,  and  probably  from  other  quarters. 


DIPLOMATIC  CORRESPONDENCE.  385 

I  shall  write  another  official  letter  to  you  by  this  conveyance,  and 
am,  with  great  respect  and  esteem,  &:c. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Bath  Hotel,  Westminster,  June  26,  1785. 
Dear  Sir, 

By  the  ninth  article  of  the  Confederation,  the  United  States,  in 
Congress  assembled,  have  the  sole  and  exclusive  right  and  power  of 
entering  into  treaties  and  alliances,  provided  that  no  treaty  of  commerce 
shall  be  made  whereby  the  legislative  power  of  the  respective  States 
shall  be  restrained  from  imposing  such  imposts  and  duties  on  foreigners 
as  their  own  people  are  subjected  to,  or  from  prohibiting  the  exporta- 
tion or  importation  of  any  species  of  goods  or  commodities  whatsoever. 

I  have  ventured,  sir,  in  some  former  letters  to  you,  notwithstanding 
the  delicacy  of  tampering  with  the  Confederation,  to  suggest  to  your 
consideration  whether  it  may  not  be  necessary  for  the  States  to 
reconsider  this  proviso,  and  give  to  Congress  unlimited  authority  to 
enter  into  treaties  of  commerce  with  foreign  Powers,  at  least  for  a 
limited  terai  of  years.  I  have  also  inquired  whether  it  might  not  be 
necessary  for  the  States  to  confer  upon  Congress  authority  to  regulate 
the  external  commerce  of  all  the  members  of  the  Confederation  for 
a  like  terra  of  years. 

If  the  States  should  hesitate  at  this,  I  am  persuaded  they  would 
readily  comply  with  the  recommendations  of  Congress  to  this  effect. 
For  example,  if  Congress  should  recommend  to  the  Legislatures 
of  the  States  to  lay  duties,  heavy  duties,  upon  all  British  vessels 
entering  into  or  clearing  out  of  their  ports,  especially  upon  all  vessels 
coming  from  or  bound  to  the  West  India  Islands,  Nova  Scotia, 
Canada,  or  Newfoundland,  and  upon  all  merchandizes  imported  from^ 
or  exported  to,  any  ports  of  the  British  dominions,  I  can  scarcely^ 
doubt  that  every  Legislature  would  immediately  comply ;  and  by 
this  means  our  own  navigation  would  be  encouraged,  and  the  British 
discouraged  to  such  a  degree  as  to  compel  the  British  Government  to 
enter  into  an  equitable  treaty.  Nay,  I  cannot  doubt  the  readiness 
of  the  States  to  comply  with  a  recommendation  of  Congress  wholly 
to  prohibit  British  vessels  and  merchandizes. 
Vol.  IL— 25 


386  JOHN  ADAMS— JOHN  JAY. 

Although  1  have  been  received  here,  and  continue  to  be  treated 
with  all  the  distinction  which  is  due  to  the  rank  and  title  you  have 
given  me,  there  is,  nevertheless,  a  reserve,  which  convinces  me  that 
we  shall  have  no  treaty  of  commerce  until  this  nation  is  made  to  feel 
the  necessity  of  it.  I  am  every  day  astonished  at  the  ignorance  of 
all  ranks  of  people  of  the  relation  between  this  country. and  ours. 
Cui  bono  7  they  cry.  To  what  end  a  treaty  of  commerce,  when  we 
are  sure  of  as  much  American  trade  as  we  have  occasion  for  without 
it?  The  experiment  has  been  tried,  and  the  Americans  have  found 
that  they  cannot  supply  themselves  elsewhere.  There  must  be  quid 
pro  quo.  And  what  have  the  United  States  to  give  in  exchange  for 
the  liberty  of  going  in  their  own  ships  to  our  sugar  colonies,  and  our 
colonies  upon  the  Continent?  These  smart  reasoners  are  answered. 
The  Americans  allow  Britons  to  come  in  their  own  vessels  to  all 
their  ports  in  the  United  States ;  and  this  is  more  than  a  quid  for 
your  quo.  This  is '  the  true  reciprocity ;  and  while  we  allow  you 
this  liberty,  we  have  a  right  to  demand  it  in  retum.  But,  replies 
the  Briton,  you  cannot  avoid  this;  you  have  no  Government ;  you 
cannot  agree  to  prohibit  our  ships  and  goods,  or  to  lay  duties  on 
them.  Then,  says  the  American,  you  give  up  the  argument  of 
reciprocity;  you  confess  that  you  are  not  willing  to  allow  us  a  quid 
for  your  quo,  and  that  you  are  disposed  to  take  advantage  of  our 
supposed  disunion  to  get  unequal  benefits  from  us.  But  you  will 
find  yourselves  disappointed  in  this  disunion  that  you  build  so  much 
upon.  Nothing  but  too  much  good  nature  to  you,  and  too  high  an 
opinion  of  your  wisdom,  has  prevented  the  States  hitherto  from 
uniting  in  a  reciprocal  discouragement  of  your  ships  and  goods ;  but 
when  the  Americans  find  themselves  deceiv'ed,  you  will  soon  see 
tiieiii  loo  much  united  for  your  ])urposes.  Such  have  been  the 
dialogues  in  conversation  for  a  year  or  two,  and  these  ignorant 
sophisms  of  the  Britons  will  never  be  confuted  to  any  effect  until 
vigorous  measures  an;  taken  by  iill  the  States  in  concert.  Whatever 
measures  are  taken,  I  should  rerommend  tliem  to  be  taken  ujuin  this 
express  proviso,  to  continue  in  force  only  uniil  thiie^-;  ^h.ill  be  other- 
wise settled  by  a  treaty  of  commerce. 

1  receive  .sometimes  unexpcicted  visits  from  persons,  who,  I 
suppose,  are  sent  on  purpose  to  say  things  to  me,  which  they  wish, 
no  doubt,  tf)  have  lransmitt(;(l  to  you.  Since  the  api)earance  of  the 
resolutions  of  the  menhants,  traders,  and  mechanics  of  Boston,  I 
have  several  limes  fallen  into  company  with  persons  whose  connex- 


DIPLOMATIC  CORRESPONDENCE.  337 

ions  I  knew,  and  who  have  assumed  very  grave  faces,  and  inquired 
about  the  disturbances  at  Boston,  as  they  call  them,  and  given  very 
sage  hints  of  their  fears  that  those  proceedings  would  obstruct  my 
success.  A  few  days  since  my  servant  announced  Lord  Hood  would 
be  glad  to  see  me  if  I  was  at  leisure.  I  desired  his  Lordship  might 
walk  up.  I  was  surprised  that,  among  so  many  visits  of  ceremony, 
his  Lordship  should  not  be  content  with  leaving  his  card.  But  in 
the  year  1768,  I  had  appeared  before  him,  then  Commodore  Hood, 
in  a  special  Court  of  Admiralty,  for  the  trial  of  four  sailors  for  killing 
Lieutenant  Panton  in  defending  themselves  from  his  press  gang. 
His  Lordship  took  advantage  of  this  veiy  transient  acquaintance  of 
seventeen  years'  standing  to  make  me  a  friendly  visit.  He  soon 
began  a  conversation  about  the  Boston  proceedings.  It  is  not 
necessaiy  to  repeat  what  was  said,  as  it  was  of  no  consequence  for 
you  to  know,  excepting  that  his  Lordship  was  very  sorry  to  see  the 
account  of  those  proceedings ;  was  very  much  afraid  they  would 
obstruct  the  return  of  friendship,  and  prove  a  bar  to  what  he  wished 
to  see — a  good  treaty  of  commerce.  I  told  his  Lordship  that  those 
proceedings  were  prefaced  with,  "Whereas  there  is  no  treaty  of 
commerce,"  and,  as  I  understood  them,  they  were  not  to  be  in  force 
any  longer  than  there  should  be  no  treaty  of  commerce.  His  Lord- 
ship concluded  by  saying,  that  the  sooner  such  a  treaty  was  made 
the  better.  I  had  no  doubt  then,  and  have  been  confirmed  by  others 
since  in  the  opinion,  that  his  Lordship  did  not  come  of  his  own  head. 

All  parties  are  upon  the  reserve  respecting  American  affairs. 
They  are  afraid  of  each  other ;  and  it  is  my  clear  opinion  that  it  is 
Congress  and  the  States,  and  they  alone,  who  can  enable  me  to  do 
anything  effectual.  I  may  reason  till  I  die  to  no  purpose.  It  is 
unanimity  in  America  in  measures  which  shall  confute  the  British 
sophisms,  and  make  them  feel,  which  will  ever  produce  a  fair  treaty 
of  commerce. 

With  great  esteem,  &;c.,  JOHN  ADAMS. 


-o- 


FROM    JOHN    JAY   TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  September  6,  1785. 
Dear  Sir, 

My  last  to  you  was  of  the  26th  ultimo,  in  which  I  mentioned  the 

dates  of  the  letters  with  which  you  had  honored  me,  and  the  receipt 


388  JOHN  ADAMS-JOHN  JAY. 

of  which  then  remained  unacknowledged.  None  from  you  have 
since  arrived. 

I  have  now  the  honor  of  transmitting  to  you,  herewith  enclosed,  a 
copy  of  an  act  of  Congress  of  the  18th  ultuno.  It  contains  a  corre- 
spondence between  the  Governor  of  Massachusetts  and  Captain 
Stanhope,  the  commander  of  a  British  frigate. 

The  style  of  the  Captajn's  letters  being  ver)'  reprehensible,  occa- 
sioned the  application  to  Congress,  which  produced  the  act  in 
question ;  and  I  am  persuaded  that  the  views  of  Congress,  in 
directing  it  to  be  communicated  to  the  British  Minister,  will  be 
promoted  by  the  manner  in  which  you  will  do  it. 

The  frequent  solecisms  observable  for  some  years  past  in  the 
politics  of  the  Court  of  London  render  it  exceedingly  difficult  to 
divine  how  they  will  think  and  act  under  almost  any  given  circum- 
stances. 

It  is  manifestly  as  much  their  interest  to  be  well  with  us  as  for  us 
to  be  well  with  them ;  and  yet  the  gratification  of  resentments,  occa- 
sioned by  disappointment,  seems  to  take  the  lead  of  more  elevated 
and  useful  principles  of  action. 

Tliey  expect  much  from  the  trade  of  America,  and  yet  they  take 
pains  to  cut  off  every  source  within  their  reach  by  which  we  make 
remittances.  It  is  strange  that  they  should  wish  us  to  buy,  and  yet 
be  so  industrious  to  put  it  out  of  our  power  to  pay.  Such  a  system 
must  cause  loss  of  money  to  their  merchants,  and  loss  of  reputation 
to  ours.  I  wish  most  sincerely  that  credit  was  at  an  end,  and  that 
we  could  purchase  nothing  abroad  but  for  ready  money.  Our 
cxportations  would  then  be  equally  profitable ;  and  as  our  importa- 
tions would  be  diminished,  we  should  have  less  to  pay ;  domestic 
manufactures  would  then  be  more  encouraged,  and  fmgality  and 
economy  become  more  prevalent. 

VV'hui  impression  the  conduct  of  Caj)tain  Stanliope  may  make  on 
the  Minister  to  me  appears  uncertain.  Certain,  however,  it  is  that 
mutual  civihty  and  respect  must,  in  tiic  nature,  of  things,  j)recede 
mutual  benevolence  and  kin(hu'ss.  The  manner  of  your  rerejuion 
and  treatment  indicates  their  attention  to  this  consideration  ;  and  yet 
the  detention  of  tiie  posts,  the  strengthening  their  garrisons  in  our 
neighborhood,  the  encouragement  said  to  be  given  to  settlers  in  these 
parts,  and  various  other  (circumstances,  speak  a  language  very  differ- 
ent from  that  of  kindness  and  good  will. 


DIPLOMATIC  CORRESPONDENCE.  389 

They  may  hold  the  posts,  but  they  will  hold  them  as  pledges  of 
enmity  ;  and  the  time  must  and  will  come  when  the  seeds  of  discon- 
tent, resentment,  and  hatred,  which  such  measures  always  sow,  will 
produce  very  bitter  fruit.  I  am  well  informed  that  some  of  the 
loyalists  advise,  and  warmly  press,  the  detention  of  posts.  It  is 
strange  that  men  who,  for  ten  years  have  done  nothing  but  deceive, 
should  still  retain  any  credit.  I  speak  of  them  collectively.  Among 
them  there  are  men  of  merit ;  but  to  my  knowledge  some  of  the 
most  violent,  the  most  bitter  and  implacable,  and  yet  most  in  credit, 
are  men  who  endeavored  to  play  between  both  parties,  and  vibrated 
from  side  to  side  as  the  appearances  of  success  attracted  them.  Nay, 
the  very  accounts  of  losses  which  many  of  them  have  presented, 
afford  conclusive  evidence  of  their  inattention  to  truth  and  common 
decency.  Such,  however,  has  been  the  infatuation  of  British  councils, 
that  what  was  manifest  to  others  was  problematical,  if  not  entirely 
dark,  to  them. 

As  to  their  present  Minister,  he  has  neither  been  long  enough  in 
administration,  nor  perhaps  in  the  world,  for  a  decided  judgment  to 
be  formed  either  of  his  private  or  public  character.  He  seems  to 
possess  firmness  as  well  as  abilities,  and  if  to  these  be  added  inform- 
ation, and  comprehensive  as  well  as  patriotic  views,  he  may  be 
worthy  of  his  father.  England  will  probably  be  much  the  better  or 
much  the  worse  for  him. 

We  are  anxious  to  receive  letters  from  you  on  the  subject  of  the 
posts,  that  in  either  event  we  may  be  prepared.  In  the  one  case  I 
should  think  it  very  justifiable  in  Congress  to  take  a  certain  step  that 
would  be  longer  and  more  sensibly  felt  by  Britain  than  the  independ- 
ence of  these  States. 

Mr.  Arthur  Lee  has  been  elected  to  the  vacant  place  at  the  Board 
of  Treasury. 

Governor  Rutledge  declines  going  to  Holland.  The  affair  of 
Longchamps  is  adjusted — he  stays  where  he  is. 

With  great  respect  and  esteem,  he,  JOHN  JAY. 


Extract  from  the  Secret  Journal,  August  17,  1785. 

The  Delegates  for  the  Commonwealth  of  Massachusetts  having 
laid  before  Congress  a  letter  of  the  8th,  from  his  Excellency  the 
Governor  of  that  State,  together  with  a  copy  of  letters  from  Captain 


390  JOHN  ADAMS— JOHN  JAY. 

Stanhope,  commander  of  the  British  frigate  INIercury,  to  his  Excel- 
lency James  Bowdoin,  Esquire,  Governor  of  the  Commonwealth  of 
Massachusetts,  and  his  Excellency's  answers  to  the  first  two  of  those 
letters — the  same  were  referred  to  the  Secretary  for  Foreign  Affairs, 
who  reported  thereon.     The  letters  and  report  are  as  follows : 

Commonwealth  of  Massachusetts,  ^ 
Boston,  August  8,  1785.      \ 
Gentlemen, 

Whatever  concerns  the  honor  of  one  of  the  United  States,  does 
in  effect,  in  certain  cases,  concern  the  honor  of  all  of  them. 

This  general  observation  applies  to  the  conduct  of  Captain  Stan- 
hope, commander  of  his  Britannic  INIajesty's  frigate  Mercuiy,  who, 
apprehending  himself  insulted,  applied  by  his  letter  to  me  for  redress. 
In  which  letter  he  ''recommends  to  me  to  adopt  such  measures  as 
may  discover  the  ringleaders  of  the  party  that  assassinated  him."  See 
letter  No.  1.  On  receiving  it,  the  Council  being  adjourned  to  a 
distant  day,  I  sent  for  the  only  gentleman  of  that  board  in  town,  the 
Honorable  INIr.  Adams,  with  whom  I  consulted  on  the  affair.  In 
consequence  of  the  consultation,  I  sent  Captain  Stan.hope  an  answer 
the  same  day.  The  answer  points  out  to  him  tliL'  only  way  of  redress 
which  our  laws  and  Constitution  admit,  and  which  I  myself,  in  a 
like  case,  if  I  took  any,  must  have  taken.     See  letter  No.  2. 

This  answer,  however,  did  not  comport  with  Captain  Stanhope's 
high  idea  of  himself,  who  seems  to  have  thought  tliat  some  special 
mode  of  process  was  due  to  a  person  of  his  importance. 

In  consequence  of  that  idea,  and  after  two  days'  consideration  of 
the  matter,  he  sent  me  a  letter,  which  you  may  probably  think  may 
be  justly  called  a  very  insolent  one ;  in  which  (but  in  his  own  mode 
of  expression)  he  declares  I  gave  him  positive  assurance  of  affording 
him  and  his  oflicers  protection  ;  that  my  conduct  contradicted  that 
assurance  and  his  expectations;  that  it  does  not  satisfy  iiim,  nor  does 
credit  to  mys(;lf ;  that  he  never  received  a  letter  so  insulting  to  his 
senses,  and  that  it  was  an  evasion  of  his  requisition ;  with  a  great 
deal  more  abuse,  both  expressed  and  implied.     See  letter  No.  3. 

The  only  j)art  of  the  declaration  it  concerns  mv  to  notice  is  that 
in  which  my  conduct  is  said  to  have  contradicted  the  assurance  I  had 
give.n  him  of  protection. 

This  occasions  a  recurrence  to  two  conversations  I  had  with  him 
within  a  few  days  after  his  arrival  here  ;  from  which  time,  until  the 


DIPLOMATIC  CORRESPONDENCE.  391 

first  instant,  I  had  been,  as  I  presumed,  in  the  good  graces  of  Mr. 
Stanhope.  In  one  of  those  conversatious,  which  were  principally 
relative  to  the  recovery  of  a  favorite  servant,  who,  he  said,  had 
deserted  from  him  about  a  year  before,  he  mentioned  that  he  had 
been  infonned  he  should  probably  meet  with  some  insult  before  his 
departure,  and  said  he  should  rely  on  my  protection.  I  told  him  he 
might  depend  on  every  protection  in  my  power  to  afford  him ;  but 
that  in  this  countrj^,  as  in  England,  the  law  is  every  man's  protec- 
tion, and  that  he  would  be  as  much  entitled  to  it,  during  his  stay 
here,  as  any  man  in  the  Commonwealth ;  and  in  conformity  to  this 
idea  my  letter  to  him  was  written. 

I  have  here  mentioned  no  more  of  the  conversation  than  was 
needful  to  afford  you  some  idea  of  the  assurance  he  says  I  gave  him 
of  my  protection.  But,  in  the  course  of  it,  I  told  him  further  that 
he  must  know  from  his  own  observation  that  in  large  seaport  towns, 
where  there  is  a  resort  of  all  kinds  of  people  and  characters,  quarrels 
and  disturbances  frequently  happened ;  and  that  the  seaport  towns 
in  England  were  remarkable  for  them.  That  he  must  be  sensible 
that  the  new  regulations  of  trade  in  England,  which  would  finally 
operate  to  her  own  detriment,  had  disgusted  the  Americans  in 
general,  and  had  induced  them  to  take  measures  to  counteract  those 
regulations;  and,  therefore,  it  was  natural  to  expect  he  would  hear 
sentiments  thrown  out  which  might  not  be  agreeable  to  him ;  but 
that  I  had  no  apprehension  that  any  insult  would  be  offered  either 
to  him  or  his  officers.  These  observations,  and  many  more,  I 
thought  proper  to  make,  which  a  man  of  any  discernment,  and  of  the 
least  goodness  of  disposition,  might  have  applied  to  his  own  benefit, 
and  to  the  exciting  and  promoting  good  humor  in  the  people  among 
whom  he  happened  to  be. 

As  he  says  my  conduct  contradicted  his  expectations,  it  is  prob- 
able he  expected  a  proclamation  should  have  been  issued.  This 
measure  was  thought  of,  but  I  did  not  think  the  occasion  required  it. 
His  conduct  for  three  days  after  the  afront  to  the  time  of  his  going 
with  his  ship  down  to  Nantasket,  on  the  evening  of  the  3d  instant, 
manifested  that  he  was  under  no  apprehension  of  any  attack  upon 
him,  for  during  that  time,  he  and  his  officers  went  about  the  town 
and  in  the  country  as  usual,  and  with  as  much  freedom  as  any 
persons  whatever.  Knowing  that  the  whole  of  my  conduct,  both 
public  and  private,  had  been  such  as  merited  at  least  a  decency  of 


392  JOHN  ADAMS— JOHN  JAY. 

behavior  on  his  part,  and  sentiments  very  different  from  those 
expressed  in  his  said  letter.  I  wrote  to  him  a  short  answer  to  it,  which 
you  will  see  in  No.  4,  to  which  he  sent  the  reply  contained  in  No. 
5,  justifying  and  repeating  his  insolence ;  and  this  finishes  the  corre- 
spondence. I  have  only  to  observe,  that  it  is  conceived  the  honor 
and  dignity  of  this  Commonwealth,  and  through  it  the  honor  and 
dignity  of  the  United  States  in  general,  are  essentially  wounded  by 
the  insolence  of  Captain  Stanhope  towards  the  Chief  INIagistrate  of 
the  former ;  that  unless  it  be  properly  resented,  every  British  officer 
of  ever}"  British  vessel,  however  insignificant,  will,  whenever  an 
opportunity  shall  offer,  insult  the  government  of  every  State  in  the 
Union  ;  and  that  a  tameness  under  insult  must,  in  the  estimation  of 
all  foreigners,  effectually  destroy  the  national  character  and  import- 
ance of  the  United  States.  If,  after  reading  the  annexed  copy  of 
letters  which  passed  between  the  said  Stanhope  and  me,  you  should 
be  of  that  opinion,  you  will  please  to  lay  the  same  before  the  United 
States  in  Congress  assembled,  that  they  may  take  such  measures 
concerning  it  as  their  wisdom  and  a  sense  of  their  own  honor  shall 
dictate. 

With  the  most  perfect  regard,  I  have  the  honor  to  be,  gentlemen, 
your  most  obedient  servant,  JAMES  BOWDOIN. 

The  Honorable  Elbridge  Gerry,  Samuel  Holten,  Rufus  King, 
Esquires,  Delegates  in  Congress  for  the  Commonwealth  of  Massa- 
chusetts. 

The  letters  from  Captain  Stanhope  were,  on  the  cover  of  each  of 
them,  thus  superscribed :  "  On  his  Britannic  Majesty's  service.  To 
his  Excellency  Governor  Bowdoin,  Sec,  &ic.,  he,  Boston." 


[  No.  1.  ]  Mercury,  Boston  Harbor,  August  1,  1785. 

Sir, 
I  am  sorry  to  be  obliged  to  represent  to  your  Excellency  the 
continued  insults  and  disgraceful  indignities  offered  by  hundreds  in 
tliis  town  to  me  and  my  officers,  which  hitherto  we  have  winked  at, 
as  well  as  the  most  illiberal  and  indecent  language  with  which  the 
newspapers  have  been  filled ;  nor  should  I  have  troubled  you  now, 
had  I  not  been  pursued,  and  my  life,  as  well  as  that  of  my  officers, 
been  endangered  by  the  violent  rage  of  a  mob,  yesterday  evening, 


DIPLOMATIC  CORRESPONDENCE.  393 

without  provocation  of  any  sort.  I  trust  it  is  needless  to  recommend 
to  your  Excellency  to  adopt  such  measures  as  may  discover  the 
ringleaders  of  the  party  that  assassinated  me,  and  bring  them  to 
public  justice,  as  well  as  protect  us  from  futher  insult. 

I  have  the  honor  to  be,  fee,  HENRY  STANHOPE. 

To  his  Excellency  Governor  Bowdoin,  he,  &ic.,  &;c. 


[No.  2.  ]  Commomvealth  of  Massachusetts,  ) 

Boston,  August  1,  1785.      J 

Sir, 

Your  letter  of  this  date  is  now  before  me.  It  is  a  great  misfortune 
that  the  subjects  or  citizens  of  different  countries  which  have  been 
at  enmity  cannot  easily  recover  that  degree  of  good  humor  which 
should  induce  them  to  treat  each  other  with  proper  decorum,  when 
the  Governments  to  which  they  respectively  belong  have  entered 
into  a  treaty  of  amity,  and  sheathed  the  sword.  But  you  must  have 
observed  that  disturbances,  arising  from  this  source,  too  frequently 
happen,  especially  in  populous  seaport  towns.  If  you  have  been 
insulted,  and  your  life  has  been  endangered  in  manner  as  you  have 
represented  to  me,  I  must  infomi  you  that  our  laws  afford  you  ample 
satisfaction.  Foreigners  are  entitled  to  the  protection  of  the  law  as 
well  as  amenable  to  it,  equally  with  any  citizen  of  the  United 
States,  while  they  continue  within  the  jurisdiction  of  this  Common- 
wealth. Any  learned  practitioner  of  the  law,  if  applied  to,  will 
direct  you  to  the  mode  of  legal  process  in  the  obtaining  a  redress  of 
injur}',  if  you  have  been  injured,  and  the  judiciary  courts  will  cause 
due  inquiry  to  be  made  touching  riotous  and  unlawful  assemblies  and 
their  misdemeanors,  and  inflict  legal  punishment  on  such  as  by 
verdict  of  a  jury  may  be  found  guilty. 

I  have  the  honor  to  be,  sir,  your  most  obedient  humble  servant, 

ja:mes  bowdoin. 


[No.  3.  ]  Mercury,  Boston  Harbor,  August  2,  1785.* 

Sir, 
When  I  had  the  honor  of  applying  to  your  Excellency  to  dis- 
countenance the  disgraceful  attacks  made  upon  me  and  the  officers 

*N.  B.  This  was  sent  August  3,  P.  M. 


394  JOHN  ADAMS— JOHN  JAY. 

of  his  Britannic  jMajesty's  ship  INIercuiy,  under  my  command,  and 
to  afford  us  your  protection,  it  was  upon  your  positive  assurance  to 
that  effect,  in  their  presence,  I  rested  my  hope.  How  much  your 
conduct  contradicts  both  that  and  my  expectation,  is  too  obvious 
either  to  satisfy  me  or  even  to  do  credit  to  yourself.  For  your 
Excellency  must  excuse  me,  when  I  remark  that  I  never  received  a 
letter  so  insulting  to  my  senses  as  your  answer  to  my  requisition  of 
yesterday.  I  am,  however,  pleased  in  finding  a  much  better  dispo- 
sition in  the  first  class  of  inhabitants,  whose  assistance  I  am  hajipy 
to  acknowledge  as  the  more  acceptable  after  your  apparent  evasion 
from  the  substance  of  my  letter ;  and  however  well  informed  your 
Excellency  may  believe  yourself  upon  the  laws  and  customs  of 
nations  in  similar  cases,  allow  me  to  assure  you  there  is  not  one,  no, 
not  even  the  ally  of  these  States,  that  would  not  most  severely 
reprobate  either  the  want  of  energy  in  Government,  or  disinclination 
of  the  Governor  to  correct  such  notorious  insults  to  public  characters, 
in  which  light  only  we  can  desire  to  be  received. 

I  have  the  honor  to  be,  sir,  your  most  obedient  humble  serv^ant, 

HENRY  STANHOPE. 
To  his  Excellency  Governor  Bowdoin. 


[  No.  4.  ]  Boston,  August  3,  1785,  G  o'clock,  P.  M. 

Captain  Stanhope, 
Your  letK'r  bearing  date  the  2d  instant  was  delivered  to  me  by 
your  licutciiaiit,  Mr.  Nash,  at  four  o'clock  this  afternoon.  I  hereby 
let  y(ju  know,  that  as  the  letter  is  conceived  in  terms  of  insolence 
and  abuse  altogether  unprovoked,  I  shall  take  such  measures  con- 
cerning it  as  the  dignity  of  my  station  and  a  just  regard  to  the  honor 
of  this  Commonwealth,  connected  \\\[\\  the  honor  of  the  I'nlted 
States  in  general,  shall  re(|uire. 

JAMES  BOWDOIN. 


[  No.  .'>.  ]  Mercury,  Nnntftsket  Roml,  AupuHl  3,  1785,  ) 

at  Imlf-i-iiMi  12,  A.  M."      > 
Sir, 

I  am  to  acknowledge,  the  hf)nor  of  your  Excellency's  letter,  this 
moment  received;  and  have  to  assure  you  that  1  shall  most  cheer- 


•ll  nhould  liuve  been  August  4. 


DIPLOMATIC  CORRESPONDENCE.  395 

fully  submit  to  •  the  worst  consequences  that  can  arise  from  our 
correspondence,  which  I  do  not  conceive  on  my  part  to  have  been 
couched  in  tenns  of  either  insolence  or  abuse,  which  is  more  than  I 
can  venture  to  say  of  yours.  And  however  exalted  your  Excel- 
lency's station  is,  I  know  not  of  any  more  respectable  than  that  I 
have  the  honor  to  fill. 

I  have  the  honor  to  be,  sir,  your  very  humble  servant, 

HENRY  STANHOPE. 
To  his  Excellency  Governor  Bowdoin,  &c.,  &c.,  he. 


The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  a  letter  of  the  8th  instant  from  his 

Excellency  the  Governor  of  iNIassachusetts   to   the  Delegates   of 

that  Commonwealth  in  Congress,  reports: 

That  in  his  opinion  the  answer  of  the  Governor  to  Captain 
Stanhope's  first  letter  was  perfectly  proper ;  that  the  Captain's  reply 
was  highly  disrespectful ;  and  being  so,  that  such  measures  might 
liave  been  adopted  as  the  laws  prescribe  for  asserting  the  dignity  of 
Government  in  such  cases. 

He  is  further  of  opinion  that  two  things  are  essential  to  the 
respectability  of  Government:  1.  That  it  should  be  always  in  the 
right;  and  2.  That  it  should  never  be  opposed  or  ill-treated  with 
impunity. 

To  these  ends  its  own  internal  power  (in  such  cases  as  the  present) 
is,  or  ought  to  be  adequate,  and,  therefore,  a  recurrence  to  a  foreign 
sovereign  to  resent  and  punish  affronts  to  such  Government,  com- 
mitted under  its  eye  and  within  its  jurisdiction,  appears  to  your 
Secretary  a  departure  from  that  self-respect,  which  on  such  occasions 
should  invariably  be  observed,  except  indeed  where  such  indignities 
are  offered  by  Ambassadors. 

If  these  principles  are  well  founded,  then  it  will  follow  as  a 
necessary  consequence  that  no  complaint  or  application  for  redress 
should  be  made  by  Congress  to  his  Britannic  JNIajesty  on  tlie  subject 
in  question. 

But  as  America  and  Britain  are  at  peace,  and  in  that  sense  friends, 
it  is  to  be  presumed  that  disrespect  to  one  from  officers  of  the  other 
must  be  offensive  to  the  sovereign  of  such  officers ;  inasmuch  as  such 
conduct  tends  to  irritate  and  alienate  the  good  will  of  the  other. 


396  JOHN  A  DAMS- JOHN  JAY. 

Under  this  view  of  the  matter,  your  Secretary  thinks  it  would  be 
proper  to  transmit  these  papers  to  the  Minister  of  the  United  States 
at  the  Court  of  London,  and  to  instruct  him  to  communicate  them  to 
the  British  Minister,  and  to  assure  him, 

1.  That  nothing  but  a  desire  to  avoid  increasing  the  irritatton, 
which  the  late  war  may  have  produced  in  the  two  nations,  could 
have  restrained  the  Governor  from  resenting  the  indecent  conduct  of 
Captain  Stanhope,  in  a  severe  and  exemplary  manner. 

2.  To  assure  him  that  Congress  are  persuaded  that  such  behavior 
must  give  no  less  displeasure  to  his  Majesty  than  it  does  to  them ; 
and  that  as  all  sovereigns  must,  in  a  certain  degree,  be  affected  by 
the  conduct  of  their  servants,  Congress  think  that  the  justice  due  to 
his  Majesty  calls  upon  them  to  lay  this  information  before  him. 

3.  That  Congress  flatter  themselves  that  this  instance  of  delicacy 
and  moderation  will  be  ascribed  to  its  proper  motives,  and  be 
considered  as  evincive  of  a  desire  to  prevent  animosity,  and  promote 
mutual  good  will. 

Your  Secretary  also  thinks  it  would  be  proper  to  transmit  a  copy 
of  this  report  to  the  Governor  of  Massachusetts,  and  to  assure  him 
that  Congress  consider  the  dignity  of  each  of  the  States  as 
inseparably  connected  with  that  of  the  Union  ;  and,  therefore,  that 
it  shall  on  every  occasion  experience  their  care  and  attention. 

Resolved,  That  Congress  agree  to  the  said  report. 
Ordered,  That  a  copy  of  this  report,  together  with  the  foregoing 
letters,  be  transmitted  to  the  Executives  of  the  several  States. 


t  FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Squaro,  Westminster,  July  19,  1785. 
Dear  Sir, 

Give  me  leave  to  propose  for  your  consideration,  and  to  request 
you  to  submit  to  the  decision  of  Congress,  whether  it  would  not  be 
projjor  that  some  measures  sliould  Ik;  taken  to  furnish  your  Ministers 
abroad  witli  iln-  hiws  of  the  several  States,  and  more  especially  with 
such  laws  as  may  iiave  a  relation  to  external  ronimerre,  or  any  other 
foreign  affair. 

Information  (»f  thi^  kind  will  Ix-  wanted  at  every  Court,  but  more 
j)ariicularly  iicrc,  and   at   this   critical   period.     Our  fellow-citizens 


DIPLOMATIC  CORRESPONDENCE.  397 

here,  from  all  the  States,  have  been  very  civil  to  me  in  furnishing  me 
with  all  the  lights  in  their  power;  and  this  will  ever  be  the  case,  it 
is  to  be  hoped,  wherever  you  have  a  Minister.  Yet  all  the  lights 
which  individuals  abroad  can  furnish  will  be  imperfect,  though  ever 
so  carefully  collected  by  a  Minister,  without  the  continual  assistance 
of  Congress  and  the  States.  I  have  been  lately  obliged  to  a  fellow- 
citizen  (Captain  C.  Miller)  for  the  laws  of  New  York  of  the  second 
meeting  of  the  eighth  session  of  the  Legislature,  amongst  which,  to 
my  great  satisfaction,  I  find  the  United  States,  in  Congress  assembled, 
vested,  for  fifteen  years,  with  powers  to  prohibit  any  goods,  wares, 
or  merchandize  from  being  imported  into,  or  exported  from,  any  of 
the  United  States,  in  vessels  belonging  to,  or  navigated  by,  the 
subjects  of  any  Power  with  whom  the  *  *  *  *  States  shall 
not  have  formed  treaties  of  commerce ;  and  also  with  powers  of  pro- 
hibiting the  subjects  of  any  foreign  State,  Kingdom,  or  Empire 
(unless  authorized  by  treaty)  from  importing  into  the  United  States 
any  goods,  wares,  or  merchandize  which  are  not  the  produce  or 
manufacture  of  the  dominions  of  the  sovereign  whose  subjects  they 
are. 

I  read  this  act  with  pleasure,  because  it  is  very  nearly  all  that  is 
wanting.  The  Legislature  of  New  York  have  avoided  giving  to  the 
United  States  the  power  of  imposing,  equalizing,  or  retaliating  duties ; 
and  I  cannot  say  that  they  are  not  right  in  this,  although  it  is  very 
probable  such  duties  will  be  indispensable.  Such  duties,  if  laid  by 
any  State,  should  be  laid  by  all ;  and  if  the  States  will,  in  such  cases, 
respect  the  recommendations  of  Congress,  this  may  be  sufficient.  If 
we  enter  into  treaty  with  England,  how  shall  we  manage  this  subject  ? 
Shall  we  stipulate  that  Britain  shall  pay  in  our  ports  no  higher  duties 
than  the  most  favored  nations  shall  pay,  in  return  for  her  stipulating 
that  Americans  shall  pay  in  her  ports  no  higher  duties  than  the  most 
favored  nation  pays  ?  This  would  be  unequal,  because  the  most 
favored  nation  pays  in  British  ports  much  greater  imposts  than  the 
nation  the  most  favored  by  the  United  States  pays  in  our  ports.  If 
we  enter  into  such  stipulation,  the  consequence  will  be,  that,  in  order 
to  form  an  equality,  we  must  impose  enormous  duties,  not  only  upon 
British  subjects,  but  upon  all  other  nations.  For  example,  the  most 
favored  nation  pays  in  England  upon  oil,  eighteen  pounds  three 
shilUngs  sterling  per  ton.  If  we  attempt  to  equalize  and  retaliate, 
we  must  lay  on  the  amount  of  this  upon  the  importation  of  goods 


398  JOHN  ADAMS-JOHX  JAY. 

from  all  other  nations — a  measure  that  may  be  very  inconvenient  to 
us.  Should  we  not  then  endeavor  to  obtain  a  stipulation  that 
Americans  shall  pay  in  British  ports  no  higher  duties  than  British 
subjects?  IVo  doubt,  to  obtain  this,  we  must  stipulate  that  Britons 
shall  pay  in  our  ports  no  higher  duties  than  our  citizens ;  and  even 
this  will  be  unequal,  because  that  duties  in  general  are  higher  in 
England  than  in  America.  This,  however,  cannot  be  avoided,  and 
as  it  is  our  felicity,  we  have  less  cause  to  repine  at  it.  But  if  the 
British  Ministry  should  refuse  to  go  further  than  the  mutual  privilege 
of  the  most  favored  nation,  we  shall  have  no  remedy  but  in  equalizing 
duties,  which  it  will  be  absolutely  necessary  to  lay  on,  in  order  to  do 
ourselves  justice.  This  cannot  be  done  but  by  a  concert  of  all  the 
States.  If  such  a  concert  can  be  effected  by  recommendations  of 
Congress,  so  much  the  better.  If  it  cannot,  I  see  no  other  remedy 
but  to  give  Congress  the  power. 

This  nation  relies  upon  it  that  our  States  can  never  accomplish 
such  a  concert,  either  by  giving  Congress  the  power,  or  by  com- 
plying with  their  recommendations.  Proofs  of  tliis  are  innumerable. 
Lord  Sheffield's  writincrs :  the  constant  strain  of  all  the  writings  in 
the  newspapers;  the  language  of  conversation;  the  report  of  the 
Committee  of  Council  ;  but,  above  all,  tlie  system  adopted  by  the 
Duke  of  Portland's  administration,  and  uniformly  pursued  by  him 
and  his  successor,  Mr.  Pitt,  are  a  demonstration  of  it;  for  although 
many  express  a  contempt  of  the  American  commerce,  (and  I  am 
sorry  to  say  that  even  Lord  Camden  has  lately  said,  that  while 
they  had  a  monopoly  of  the  American  trade,  it  was  a  valuable  thing, 
but  now  they  had  not,  thought  very  little  of  it.)  Yet  those  of  the 
Ministry  and  nations  who  understood  any  thing  of  the  subject,  know 
better,  and  build  all  their  hopes  and  schemes  upon  the  supposition 
of  such  divisions  in  Amerira  as  will  forever  prevent  a  combination 
of  the  Statfs,  either  in  prohibitions  or  retaliating  duties.  It  is  tmo 
that  the  national  pride  is  much  inflated  at  present,  by  the  course  of 
exehanj,'e,  wliieh  is  mueh  in  their  favor,  with  all  parts  of  the  world, 
and  disposes  them  to  tliink  litth;  of  American  commerce.  They  say 
that  the  prof,Tess  of  the  fine  arts  in  this  kingdom  has  given  to  their 
manufactures  a  taste  and  skill,  and  to  their  j)roduetions  an  <-leganre, 
dieapness,  and  utility  so  superior  to  any  others,  that  the  demand  for 
their  merchandizes  from  all  parts  of  Europe  is  greati^r  than  ever; 
that   even    Lord    North's    prohibiting  bill   has  contributed    to   this 


DIPLOMATIC  CORRESPONDENCE.  399 

advantage,  by  occasioning  a  demand  amongst  foreigners  during  the 
war,  for  goods  to  supply  America.  The  knowledge  and  taste  for 
British  manufactures,  they  say,  has  been,  by  this  means,  spread  all 
over  Europe,  and  the  demand  for  them  multiplied,  which  has  turned 
tlie  balance  so  much  in  their  favor,  and  caused  such  an  extraordinary 
influx  both  of  cash  and  bills  of  exchange  into  these  kingdoms. 
Those  who  reflect  more  maturely  upon  this,  however,  see  that  this 
advantage  is  but  temporary,  (if  it  is  one;)  they  say  that  the  long 
stagnation  of  business  by  the  war  had  filled  the  country  with  manu- 
factures ;  that  upon  the  peace,  extraordinary  efforts  were  made  to 
dispose  of  them,  by  sending  factors  abroad,  not  only  to  America,  but 
to  all  parts  of  Europe ;  that  these  factors  have  not  only  sold  their 
goods  at  a  low  price,  but  have  sent  home  cash  and  bills  at  a  high 
one,  so  that  their  own  factors  have  turned  their  course  of  exchange 
in  their  favor  (in  appearance,  and  for  the  present  moment  only)  at 
their  expense,  for  the  loss,  both  upon  the  sale  of  goods  and  the 
purchase  of  remittances,  is  theirs ;  if  these  conjectures  are  right,  the 
present  appearance  of  prosperity  will  be  succeeded  by  numerous 
failures  and  great  distress.  Be  this  as  it  may,  the  present  appearance 
has  produced  a  self-sufficiency  which  will  prevent,  for  some  time, 
any  reasonable  arrangement  with  us.  The  popular  pulse  seems  to 
beat  hio;h  against  America. 

The  people  are  deceived  by  numberless  falsehoods,  industriously 
circulated  by  the  gazettes  and  in  conversation,  so  that  there  is  too 
much  reason  to  believe  that  if  this  nation  had  another  hundred 
million  to  spend,  they  would  soon  force  the  Ministry  into  a  war 
against  us.  The  Court  itself,  whatever  may  be  thought  of  it,  appears 
at  present  to  be  the  principal  barrier  against  a  war,  and  the  best 
disposed  towards  us,  but  whether  they  are  restrained  by  any  thing 
beside  their  own  poverty  may  be  justly  questioned.  Their  present 
system,  as  far  as  I  can  penetrate  it,  is  to  maintain  a  determined 
peace  with  all  Europe,  in  order  that  they  may  war  singly  against 
America,  if  they  should  think  it  necessary. 

Their  attachment  to  their  navigation  act,  as  well  as  that  of  all 
other  parties  here,  is  grown  so  strong,  and  their  determination  to 
consider  us  as  foreigners,  and  to  undermine  our  navigation,  and  to 
draw  away  our  seamen,  is  so  fixed  in  order  to  prevent  us  from 
privateering  in  case  of  a  war,  that  I  despair  of  any  equal  treaty, 
and  therefore  of  any  treaty,  until  they  shall  be  made  to  feel  the 


400  JOHN  A  DAMS- JOHN  JAY. 

necessity  of  it.  It  cannot,  therefore,  be  too  earnestly  recommended 
to  all  the  States  to  concur  with  the  State  of  New  York  in  giving  to 
Congress  full  power  to  make  treaties  of  commerce,  and,  in  short,. to 
govern  all  our  external  commerce ;  for  I  really  believe  it  must  come 
to  that ;  whether  prohibitions  or  high  duties  will  be  most  politic  is  a 
great  question.  Duties  may  be  laid  which  will  give  a  clear  advan- 
tage to  our  navigation  and  seamen,  and  these  would  be  laid  by  the 
States  upon  the  recommendations  of  Congress,  no  doubt,  as  soon  as 
the  principle  is  admitted  that  it  is  necessary  that  our  foreign  com- 
merce should  be  under  one  direction.  You  will  easily  infer  from  all 
this  that  I  have  no  hopes  of  a  treaty  before  next  spring ;  nor  then, 
without  the  most  unanimous  concurrence  of  all  our  States  in  vifrorous 
measures,  which  shall  put  out  of  all  doubt  their  power  and  their  will 
to  retaliate. 

With  great  esteem,  I  am,  &:c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  Westminster,  July  29,  1785. 

Sir, 
I  have  the  honor  to  enclose  a  copy  of  a  letter  to  the  Marquis  of 
Caermarthen,  of  the  14th  July,  (another  of  the  27th,)  with  a  project 
of  a  declaration  concerning  the  construction  of  an  armistice ;  and 
another  of  this  date,  with  a  i)roject  of  a  treaty  of  commerce.  It  is 
high  time  something  should  be  done  to  turn  the  attention  of  the 
Administration  to  the  relation  between  this  country  and  the  United 
States ;  and  it  seemed  most  advisable  to  lay  the  jji-ojeet  of  a  tnntty 
dirertly  before  the  Ministry,  rather  than  first  negotiate  the  a|)])C)int- 
ment  of  any  other  Minister  to  treat  \\ith  me  than  the  Marquis  of 
Caermarthen  himself.  If  J  had  first  proposed  the  appointment  of  a 
Minister,  they  would  have  procrastinated  the  business  for  six  months, 
and  perhaps  twelve,  before  1  could  have  communicated  anything  to 
thcni ;  now  they  can  have  no  excuse.  The  ofll-r  is  made,  and  here- 
after they  may  repent  of  thtir  cnor  if  they  do  not  accept  it,  or 
something  nearly  like;  it  imnndialtly.  J  am  very  sensible  it  will 
greutly  embarrass  the  Administration,  because  most  of  them,  1  believe, 
arc  sensiblr  that  some  sueh  treaty  must  he  (jiic  dny  agreed  to,  and 
that  it  would  be  wise  to  agree  to   it  now ;  but   they  are  afraid  of 


DIPLOMATIC  CORRESPONDENCE.  401 

oppositions  from  many  quarters.  I  must  not,  however,  disguise  my 
real  sentiments.  The  present  Ministry  are  too  much  under  the 
influence  of  Chahiiers  and  Smith,  and  others  of  that  stamp,  and 
have  been  artfully  drawn  into  so  many  manifestations  of  a  determi- 
nation to  maintain  their  navigation  laws  relative  to  the  United  States, 
and  of  a  jealousy  of  our  naval  powers,  small  as  it  is,  that  I  fear  they 
have  committed  themselves  too  far  to  recede.  Their  Newfoundland 
act,  as  well  as  their  proclamations,  and  the  fourth  of  their  Irish 
propositions,  are  in  this  style.  I  have  no  expectation  that  the 
proposed  treaty  will  be  soon  agreed  to,  nor  that  I  shall  have  any 
counter  project,  or  indeed  any  answer  for  a  long  time.  It  is  very 
apparent  that  we  shall  never  have  a  satisfactory  arrangement  with 
this  country  until  Congress  shall  be  made,  by  the  States,  supreme  in 
matters  of  foreign  commerce,  and  treaties  of  commerce,  and  until 
Congress  shall  have  exerted  that  supremacy  with  a  decent  firm- 
ness. 

I  am,  with  great  esteem,  &c.,  JOHN  ADAMS. 


FROM    JOHN    ADAMS    TO    LORD    CAERMARTHEN. 

Grosvenor  Square,  July  14,  1785. 

My  Lord, 

The  twenty-second  article  of  the  preliminary  treaty  of  peace 
between  Great  Britain  and  France,  signed  on  the  20th  of  January, 
1783,  is  in  these  words,  viz:  "In  order  to  prevent  all  causes  of 
'  complaint  and  dispute  which  may  arise  on  account  of  prizes  that 
<may  be  taken  at  sea,  after  the  signing  of  these  preliminary  articles, 
'  it  is  reciprocally  agreed,  that  the  vessels  and  effects  which  may  be 
'  taken  in  the  channel  and  in  the  north  seas,  after  the  space  of  twelve 
'  days,  to  be  computed  from  the  ratification  of  those  preliminary 
'  articles,  shall  be  restored  on  each  side.  That  the  term  shall  be  one 
<  month  from  the  channel  and  the  north  seas,  as  far  as  the  Canary 
'Islands,  inclusively,  whether  in  the  ocean  or  in  the  Mediterranean; 
'two  months  from  the  said  Canary  Islands,  as  far  as  the  said 
'equinoctial  line  or  equator;  and,  lastly,  five  months  in  all  other 
'  parts  of  the  world,  without  any  exception  or  any  other  distinction 
'more  particular  of  time  and  place." 

In  the  preliminary  articles  of  peace  between  Great  Britain  and 
Spain,  a  cessation  of  hostilities  was  stipulated  in  the  same  manner. 
Vol.  II.— 26 


402  JOHN  ADAMS— JOHN  JAY. 

On  the  same  twentieth  of  January,  it  was  agreed  between  the  Min- 
ister Plenipotentiary  of  his  Britannic  Majesty  on  the  one  part,  and 
the  INIinisters  Plenipotentiary  of  the  United  States  of  America  on 
the  other,  that  the  subjects,  citizens,  and  possessions  of  both  Powers 
should  be  comprised  in  the  suspension  of  arms  abovementioned, 
and  that  they  should  consequently  enjoy  the  benefits  of  the  cessation 
of  hostilities  at  the  same  periods,  and  in  the  same  manner,  as  the 
three  crowns  aforesaid,  and  their  subjects  and  possessions  respectively. 
It  appears,  however,  that  many  vessels  which  were  taken  after  the 
expiration  of  one  month  from  the  3d  of  February,  1783,  the  day  of 
the  ratification  of  the  said  preliminary  articles,  within  that  part  of 
the  ocean  which  lies  between  the  channel  and  north  seas  and  the 
Canary  Islands,  have  not  been  restored ;  but,  on  the  contrary,  in 
some  instances,  such  vessels  have  been  condemned  as  lawful  prizes 
upon  an  opinion  that  the  words  "  as  far  as,"  said  to  be  used  in  the 
preliminary  articles,  meant  the  distance  from  Paris  to  the  southernmost 
parts  of  the  Canaries. 

It  must  be  obvious  to  your  Lordship,  that  this  construction  is 
extremely  foreign  from  the  intention  of  the  contracting  parties,  who 
never  had  Paris  in  contemplation  as  a  boundary  of  the  region  of  one 
month,  nor  as  any  limit  of  a  measure  of  distance.  The  channel  and 
north  seas  being  expresslj'  marked  as  the  northern  boundary,  and  the 
southernmost  Canary  as  the  southern,  and  every  part  of  the  ocean 
from  the  channel  and  north  seas  up  to  the  Canary  Islands,  inclusively, 
is  comprehended. 

Indeed,  the  words  "as  far  as"  are  scarcely  a  proper  translation  of 
the  words  ^'jusqu'aux"  in  the  article  of  treaty.  The  original  words 
are  '' dcjpuis  la  manche  et  Ics  mers  du  nord  jusqu^aux  Isle  Canaries,^'' 
and  not  ^^  dcpuis  Paris  jusqu'aux  Isle,''  &fC.,  ^c. 

The  intention  of  the  contracting  parties  is  so  clear,  and  their 
expression  so  plain,  that  it  is  not  easy  to  account  for  the  misinter- 
pretation of  ihrm  ;  hut  as  many  law-suits  are  depending  upon  the 
])oint,  and  several  vVmericans  are  now  in  London  \s  aitiiig  the  derision 
of  ihf.'m,  1  d(j  myself  the  honor  to  j)rop()S(;  to  your  Lordship  a 
particular  convention  to  determine  all  those,  controversies  on  both 
sides,  by  inserting  the  words  '^jiisfjiiu  la  latitude  dcs  Isles  Cana- 
ries,'' instead  of  ^'jusfju'auT  Isles  Canaries ;"  and  also  the  words 
"  dcpuis  la  latitude  dcs  ditcs  Isles  Canaries,"  instead  of  "  dcs  ditcs 
Isles  Canaries,"  it  being  apparent  from  the  mention  of  Mediterranean, 


DIPLOMATIC  CORRESPONDENCE.  403 

as  in  the  same  stage  of  one  month  between  the  channel  and  north 
seas  on  the  north,  and  the  Canaries  on  the  south,  and  the  equinoctial 
line  as  the  next  stage,  that  the  line  of  latitude  of  the  southern 
Canary  was  intended. 

1  have  the  honor  to  be,  &;c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Grosvenor  Square,  July  27,  1785. 
My  Lord, 

Since  the  letter  which  I  did  myself  the  honor  to  write  to  your 
Lordship,  relative  to  the  construction  of  the  armistice,  I  have 
received  further  information  from  America,  which  I  beg  leave  to 
communicate  to  your  Lordship. 

The  first  judgment  rendered  on  a  mistaken  interpretation  of  the 
armistice  appears  to  have  been  at  New  York,  where  all  American 
vessels  taken  within  the  second  month  were  condemned  as  lawful 
prize  by  the  Judge  of  the  Admiralty.  The  fame  of  these  decrees 
having  reached  Connecticut  and  Rhode  Island,  it  is  said  that  similar 
decrees  were  rendered  by  the  inferior  Courts  of  Admiralty  there 
against  British  vessels.  There  is,  my  Lord,  a  Court  of  Admiralty 
in  each  of  the  United  States,  but  by  our  Constitution  an  appeal  lies 
from  all  of  them  to  a  court  appointed  by  the  United  States  in 
Congress  assembled,  for  receiving  and  determining  finally  appeals  in 
all  cases  of  capture. 

If  the  parties  interested  in  the  decrees  in  Connecticut  and  Rhode 
Island  had  appealed  to  the  Supreme  Court,  those  decrees  would 
certainly  have  been  reversed ;  because  every  cause  which  ever  game 
before  that  court  upon  the  point  in  question  has  been  decided  in 
favor  of  the  British  owner  of  the  vessel ;  and  should  a  declaration  be 
now  made  of  the  true  intention  of  the  contracting  parties,  the  British 
owners,  against  whom  the  decrees  were  rendered  in  Connecticut  and 
Rhode  Island,  may  still  appeal  and  have  justice,  if  the  time  limited 
is  not  passed ;  if  it  is,  by  an  application  to  the  Legislatures  of  those 
States,  there  is  no  doubt  to  be  made  that  an  appeal  would  be 
granted  under  the  present  circumstances,  notwithstanding  the  lapse 
of  time. 

The  decisions  in  the  Court  of  Admiralty  of  Massachusetts  and  all 
other  States  have  been  conformable  to  the  judgment  of  the  Supreme 


404  JOHN  ADAMS-JOHN  JAY. 

Court  of  Appeals;  that  is  to  say,  conformable  to  the  true  intention 
of  the  armistice ;  and  it  is  with  pleasure  that  1  add,  the  judgments 
of  his  Majesty's  Court  of  Admiralty  at  Halifax  have  been  the  same 
way. 

The  words  of  the  armistice  are  supposed  to  be  the  same  which 
have  been  constantly  used  in  every  treaty  of  peace  for  the  last 
hundred  years,  and  it  is  not  known  that  there  ever  was  before  any 
doubt  or  difference  of  opinion  concerning  the  construction  of  them. 
In  order  to  establish  confidence  between  the  two  countries,  my 
Lord,  it  is  necessary  there  should  be  mutual  confidence  in  each 
other's  tribunals  of  justice,  which  can  hardly  exist  while  such  various 
interpretations  are  given  of  so  plain  a  point  by  different  courts  in 
each  nation. 

In  order  to  settle  all  disputes  upon  this  subject  upon  one  principle, 
I  have  the  honor  to  propose  to  your  Lordship  that  a  declaration 
should  be  made  in  the  form  enclosed,  or  to  the  same  effect  in  any 
other  form  which  to  your  Lordship  may  appear  more  proper. 

With  great  respect,  he,  JOHN  ADAMS. 


DECLARATION. 

Whereas,  by  the  first  article  of  the  Preliminary  Treaty  of  Peace 
between  the  Crown  of  Great  Britain  and  the  Crown  of  France, 
signed  at  Versailles,  on  the  twentieth  of  January,  1783,  it  was 
stipulated  in  these  words,  viz : 

"As  soon  as  the  preliminaries  shall  be  signed  and  ratified,  sincere 
'friendship  shall  be  reestablished  between  his  most  Christian  Majesty 
'and  his  Britannic  Majesty,  their  Kingdoms,  States,  and  subjects,  by 
<  sea  and  by  land,  in  all  parts  of  the  world.  Orders  shall  be  sent  to 
'  the  armies  and  sfjiiadrons,  as  well  as  to  the  subjects  of  the  two 
'  Powers,  to  stop  all  hostilities,  and  to  live  in  the  most  perfect  union; 
'to  forget  tin;  past,  their  sovereigns  showing  the  example,  and  for  the 
'execution  of  this  article  sea-passes  shall  be  given  on  each  side  for 
'  the  ships  which  shall  be  dispatched  to  carry  the  news  of  it  to  the 
'  possessions  of  the  said  Powers." 

And  by  the  'i2d  article  of  the  same  treaty  it  was  stipulated  in 
these  words : 

"  In  order  to  prevent  all  causes  of  complaint  and  dispute  which 
'may  arise  on  account  of  prizes  that  may  be  taken  at  sea  after  the 


DIPLOMATIC  CORRESPONDENCE  405 

'signing  of  these  preliminary  articles,  it  is  reciprocally  agreed  that 
'  the  vessels  and  effects  which  may  be  taken  in  the  channel  and  in 
'  the  north  seas,  after  the  space  of  twelve  days,  to  be  computed  from 
'the  ratification  of  these  preliminary  articles,  shall  be  restored  on 
'  each  side ;  that  the  term  shall  be  one  month  from  the  channel  and 
'  the  north  seas,  as  far  as  the  Canary  Islands,  inclusively,  whether 
'  in  the  ocean  or  in  the  INIediterranean ;  two  months  from  the  said 
'  Canary  Islands,  as  far  as  the  said  equinoctial  line  or  equator ;  and, 
'lastly,  five  months  in  all  other  parts  of  the  world,  without  any 
'exception  or  any  other  distinction,  more  particular,  of  time  and 
'  place." 

And  whereas,  on  the  said  twentieth  day  of  January,  1783,  it  was 
agreed,  and  by  instruments  signed  by  the  Minister  Plenipotentiary 
of  his  Britannic  Majesty,  in  behalf  of  his  Majesty,  on  one  part,  and 
by  the  Minister  Plenipotentiary  of  the  United  States  of  America,  in 
behalf  of  the  said  United  States,  on  the  other,  it  was  mutually  declared, 
that  the  said  United  States  of  North  America,  their  subjects,  and  their 
possessions,  and  his  Britannic  JNIajesty,  his  subjects  and  possessions, 
should  be  comprised  in  the  suspension  of  arms  abovementioned,  and 
that  they  should  consequently  enjoy  the  benefit  of  the  cessation  of 
hostilities  at  the  same  periods,  and  in  the  same  manner,  as  the 
Crowns  aforesaid,  and  their  subjects  and  possessions  respectively; 
and  whereas,  a  doubt  has  arisen,  and  a  question  has  been  made, 
concerning  the  sense  and  intention  of  the  high  contracting  parties, 
by  the  words,  "  d'un  mois  depuis  la  manche  et  les  mers  du  nord 
jusqu'aux  Isles  Canaries,  inclusivement,'^  and  by  the  words,  "  de 
deux  mots  depuis  les  dites  Isles  Canaries  jusqu'd  la  ligne  equi- 
noxiale.^' 

Now,  in  order  to  remove  all  such  doubts  and  questions,  and  to 
the  end  that  the  same  rule  of  justice  may  take  place  in  all  the  courts 
of  justice  in  both  nations,  it  is  hereby  agreed  and  declared,  by 
,  in  the  name  and  behalf  of  his  Majesty  the  King 
of  Great  Britain,  and  ,  INIinister  Plenipotentiary  of 

the  United  States  of  America  to  the  Court  of  Great  Britain,  on  the 
other,  in  the  name  and  behalf  of  the  said  United  States,  that  the  line 
of  latitude  of  the  southernmost  Canary  Island  was  intended  by  the 
said  contracting  parties,  and  that  the  armistice  aforesaid  ought  to  be 
every  where  understood  and  construed  in  the  same  manner  as  if  the 
words   had  been,  "from  the  channel  and  the  north  seas  to  the 


406  JOHN  ADAMS-JOHN  JAY. 

latitude  of  the  Canary  Islands,  inclusively,"  and  "from  the  latitude 
of  the  said  Canary  Islands  to  the  equinoctial  line ;"  and  that  all 
judgments  and  decrees  of  courts  of  justice  of  either  of  the  parties  to 
this  declaration,  rendered  upon  any  different  construction  of  the 
amiistice  aforesaid,  ought  to  be  reversed. 
Done  at  Westminster,  the 


FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Grosvenor  Square,  July  29,  1785. 

My  Lord, 
The  course  of  commerce  since  the  peace  between  Great  Britain 
and  the  United  States  of  America  has  been  such  as  to  have  produced 
many  inconveniences  to  the  persons  concerned  in  it  on  both  sides, 
which  become  every  day  more  and  more  sensible.  The  zeal  of 
Americans  to  make  remittances  to  British  merchants  has  been  such 
as  to  raise  the  interest  of  money  to  double  its  usual  standard,  to 
increase  the  price  of  bills  of  exchange  to  eight  or  ten  per  centum 
above  par,  and  to  advance  the  price  of  the  produce  of  the  country  to 
almost  double  the  usual  rate.  Large  sums  of  the  circulating  cash, 
and  as  much  produce  as  could  be  purchased,  at  almost  any  rate,  have 
been  remitted  to  England ;  but  much  of  this  produce  lies  in  store 
here,  because  it  will  not  fetch,  by  reason  of  the  duties  and  restric- 
tions on  it,  the  price  given  for  it  in  America.  No  political  arrange- 
ments having  been  made,  both  the  British  and  American  merchants 
expected  that  the  trade  would  have  returned  to  its  old  channels,  and 
nearly  under  tiie  same  regulations,  found  by  long  experience  to  be 
beneficial.  But  they  have  been  disappointed  ;  tlie  former  have  made 
advances,  and  the  latter  contracted  debts,  both  depending  upon 
remittances  in  the  usual  articles  and  upon  the  ancient  terms.  But 
both  have  found  themselves  mistaken  ;  and  it  is  much  to  be  feared 
that  the  consofjuences  will  be  numerous  failun-s.  Cash  and  bills 
have  been  chiefly  remitted.  Neither  rice,  tobacco,  pitch,  tar,  turpen- 
tine, siiips,  oil,  nor  many  otiier  articles,  the  great  sources  of  remit- 
tances formerly,  can  now  be  sent  as  heretofore,  because  of  restrictions 
and  imposts,  which  are  new  in  this  commerce  and  destructive  of  it; 
and  tli(;  trade  with  the  British  West  India  Islands,  formerly  a  vast 
source  of  remittance,  is  at  present  obstructed. 


DIPLOMATIC  CORRESPONDENCE.  407 

These  evils,  my  Lord,  as  far  as  they  merely  affect  the  United 
States,  should  not  be  offered  to  your  Lordship's  consideration.  They 
are  proper  subjects  for  the  deliberations  of  Congress  and  the  Legis- 
latures of  the  several  States ;  but  as  far  as  they  affect  the  merchants 
and  manufacturers  of  Great  Britain  and  teland,  and  as  far  as  they 
affect  the  general  system  of  commerce,  revenue,  and  policy  of  the 
British  Empire,  your  Lordship  will  undoubtedly  give  them  their  due 
weight.  There  is  a  literal  impossibility,  my  Lord,  that  the  commerce 
between  the  two  countries  can  continue  loncj  to  the  advantage  of 
either  upon  the  present  footing.  The  evils  already  experienced  will 
be  much  increased  and  more  severely  felt,  if  the  causes  of  them  are 
permitted  much  longer  to  operate.  It  is  the  desire  of  the  citizens  of 
the  United  States  to  cultivate  the  most  friendly  intercourse  with  the 
King's  subjects,  and  it  will  be  with  regret  that  they  shall  see  the 
necessity  of  searching  for  other  resources  as  substitutes  for  British 
commerce,  either  in  other  countries  or  in  manufactures  at  home. 
Whether  it  is  not  putting  at  hazard  too  material  an  interest  to  risk 
an  alienation  from  these  Kingdoms  of  the  American  commerce,  or 
any  considerable  part  of  it,  for  the  sake  of  the  advantages  that  can 
be  obtained  by  the  present  restrictions  on  it,  is  a  question  which 
must  be  submitted  to  your  Lordship's  consideration. 

In  order  to  bring  this  subject,  so  momentous  to  both  countries, 
under  a  candid  discussion,  I  do  myself  the  honor  to  enclose  to  your 
Lordship,  and  to  propose  to  the  consideration  of  his  IMajesty's 
Ministers,  a  project  of  a  fair  and  equitable  treaty  of  commerce 
between  his  Majesty  and  the  United  States  of  America,  prepared  in 
conformity  to  the  instructions  of  Congress,  and  submit  it  entirely  to 
your  Lordship  to  decide  whether  the  negotiation  shall  be  conducted 
with  your  Lordship,  or  with  any  other  person,  to  be  invested  with 
powers  equal  to  mine,  to  be  appointed  for  the  purpose. 

With  great  respect,  Sic,  JOHN  ADAMS, 

Minister  Plenipotentiary  from  the   United  States 

of  America  to  the  Court  of  Great  Britain. 


Draft  of  a  Treaty  of  Amity  and  Commerce  between  his  Britannic 
Majesty  and  the  United  States  of  America. 

The  parties  being  willing  to  fix,  in  a  permanent  and   equitable 
manner,  the  rules  to  be  observed  in,  the  commerce  they  desire  to 


403  JOHN  ADAMS-JOHX  JAY. 

establish  between  their  respective  countries,  have  judged  that  the 
said  end  cannot  be  better  obtained  than  by  taking  the  most  perfect 
equaUty  and  reciprocity  for  the  basis  of  their  agreement.  On  these 
principles,  after  mature  deliberation,  they  have  agreed  to  the 
following  articles: 

Article  I.  There  shall  be  a  firm,  inviolable,  and  universal  peace 
and  sincere  friendship  between  his  Britannic  Majesty,  his  heirs, 
successors,  and  subjects  on  the  one  part,  and  the  United  States  of 
America  and  their  citizens  on  the  other,  without  exception  of 
persons  or  places. 

Article  II.  The  subjects  of  his  Britannic  INIajesty  may  frequent 
all  the  coasts  and  countries  of  the  United  States,  and  reside  and  trade 
there  in  all  sorts  of  produce,  manufactures,  and  merchandize,  and 
shall  pay  within  the  said  United  States  of  America  no  other  or 
greater  duties,  charges,  or  fees  whatsoever  than  the  citizens  of  the 
United  States  themselves  are  or  shall  be  obliged  to  pay,  and  they 
shall  enjoy  all  the  rights,  privileges,  and  exemptions  in  navigation 
and  commerce  which  the  citizens  of  the  said  United  States 
themselves  do  or  shall  enjoy. 

Article  III.  In  like  manner  the  citizens  of  the  United  States  of 
America  may  frequent  all  the  coasts  and  countries  of  his  Britannic 
Majesty,  and  reside  and  trade  there  in  all  sorts  of  produce,  manu- 
factures, and  merchandize,  and  shall  pay  in  the  dominions  of  his 
said  Majesty  no  other  or  greater  duties,  charges,  or  fees  whatsoever 
than  the  natural  bom  subjects  of  Great  Britain  themselves  are  or 
shall  be  obliged  to  pay,  and  they  shall  enjoy  all  the  rigiits,  privileges, 
and  exemptions  in  navigation  and  commerce,  which  the  natural  born 
subjects  of  Great  Britain  do  or  shall  enjoy. 

Article  IV.  More  especially,  each  party  shall  have  a  right  to  carry 
any  kinds  of  produce,  manufactures,  and  merchandize  of  whatever 
place  they  be  the  growth  or  manufacture,  in  their  own  or  any  other 
vessel,  to  any  ports  or  dominions  of  the  other,  where  it  shall  l)e  lawful 
for  all  persons  freely  to  purchase  them,  and  thence  to  take  produce, 
manufactures,  and  merchandize  of  whatever  place  or  growth,  which 
all  persons  shall,  in  like  manner,  be  free  to  sell  them,  paying  in  l)oth 
cases  such  duties,  charges,  and  fees  only  as  arc  or  shall  be  paid  by 
the  natural  bom  subjects  or  citizens ;  nevertheless,  each  party 
reserves  to  itself  the  right,  where  any  nation  restrains  the  transporta- 
tion of  merchandize  to  the  vassels  of  the  countr)'  of  which  it  is  the 


DIPLOMATIC  CORRESPONDENCE.  409 

growth  or  manufacture,  to  establish  agauist  such  nation  retaliating 
regulations;  and  also  the  right  to  prohibit,  in  their  respective 
countries,  the  exportation  or  importation  of  any  species  of  goods  or 
commodities  whatsoever,  when  reasons  of  State  shall  require  it.  In 
this  case  the  subjects  or  citizens  of  either  of  the  contracting  parties 
shall  not  import  nor  export  the  merchandize  prohibited  by  the  other ; 
but  if  one  of  the  contracting  parties  permits  any  person  of  their  own 
or  any  other  nation  to  import  or  export  the  same  merchandize,  the 
citizens  or  subjects  of  the  other  shall  immediately  enjoy  the  same 
liberty. 

Article  V.  All  merchants,  commanders  of  vessels,  and  other 
subjects  and  citizens  of  each  party,  shall  have  free  liberty,  in  all 
places  within  the  dominion  or  jurisdiction  of  the  other,  to  manage 
their  own  business  themselves,  or  to  employ  whomsoever  they  please 
to  manage  the  whole,  or  any  part  thereof  for  them ;  and  shall  not  be 
obliged  to  make  use  of  any  interpreter,  broker,  or  other  person  what- 
soever, nor  to  pay  them  any  salary  or  fees,  unless  they  choose  to 
make  use  of  them ;  moreover,  they  shall  not  be  obliged  in  loading  or 
unloading  their  vessels  to  make  use  of  those  workmen  who  may  be 
appointed  by  public  authority  for  that  purpose,  but  it  shall  be  entirely 
free  for  them  to  load  or  unload  them  by  themselves,  or  to  make  use 
of  such  persons  in  loading  or  unloading  them  as  they  shall  think  fit, 
witlfl^ut  paying  any  fees  or  salary  to  any  other  whomsoever  ;  neither 
shall  they  be  forced  to  unload  any  sort  of  merchandize  into  any  other 
vessels,  or  to  receive  them  into  their  own,  or  to  wait  for  their  being 
loaded  longer  than  they  please. 

Article  VI.  That  the  vessels  of  either  party  loading  within  the 
ports  or  jurisdiction  of  the  other  may  not  be  uselessly  harassed  or 
detained,  it  is  agreed  that  all  examinations  of  goods  required  by  the 
laws  shall  be  made  before  they  are  laden  on  board  the  vessel,  and 
that  there  shall  be  no  examination  after;  nor  shall  the  vessel  be 
searched  at  any  time,  unless  articles  shall  have  been  laden  therein 
clandestinely  and  illegally,  in  which  case  the  person  by  whose  order 
they  were  carried  on  board,  or  who  carried  them  without  order,  shall 
be  liable  to  the  laws  of  the  land  in  which  he  is.  But  no  other  person 
shall  be  molested,  nor  shall  any  goods  nor  the  vessel  be  seized  or 
detained  for  that  cause. 

Article  VII.  Each  party  shall  endeavor,  by  all  the  means  in  their 
power,  to  protect  and  defend  all  vessels  and  other  efiects  belonging 


410  JOHN  ADAMS-JOHN  JAY. 

to  the  citizens  or  subjects  of  the  otlier  which  sliall  be  within  the 
extent  of  their  jurisdiction,  by  sea  or  by  huid,  and  shall  use  all  their 
efforts  to  recover  and  cause  to  be  restored  to  the  right  owner  their 
vessels  and  effects  which  shall  be  taken  from  them  within  the  extent 
of  their  said  jurisdiction. 

Article  VIII.  The  vessels  of  the  subjects  or  citizens  of  either 
party  coming  on  any  coast  belonging  to  the  other,  but  not  willing  to 
enter  into  port,  or  being  entered  into  port,  and  not  willing  to  unload 
their  cargoes  or  break  bulk,  shall  have  liberty  to  depart  and  pursue 
their  voyage  without  molestation,  and  without  being  obliged  to  jTtiy 
any  duties,  charges,  or  fees  whatsoever,  or  to  render  any  account  of 
their  cargo. 

Article  IX.  When  any  vessel  of  either  party  shall  be  wrecked, 
foundered,  or  otherwise  damaged  on  the  coasts  or  within  the 
dominion  of  the  other,  their  respective  subjects  or  citizens  shall 
receive,  as  well  for  themselves  as  for  their  vessels  and  effects,  the 
same  assistance  which  would  be  due  to  the  inhabitants  of  the  country 
where  the  damage  happens,  and  shall  pay  the  same  charges  and 
dues  only  as  the  said  inhabitants  would  be  subject  to  pay  in  a  like 
case ;  and  if  the  operations  of  repair  shall  recjuirc  that  tiic  whole  or 
any  part  of  their  cargo  be  unloaded,  they  shall  ])ay  no  duties,  charges, 
or  fees  on  the  part  which  they  shall  rclade  and  carry  away. 

The  ancient  and  barbarous  right  to  wrecks  of  the  sea  shall  be 
entirely  abolished  with  respect  to  the  subjects  or  citizens  of  the  two 
contracting  parties. 

Article  X.  The  citizens  or  subjects  of  each  party  shall  have 
power  to  dispose  of  their  personal  goods  within  the  jurisdiction  of 
the  other  by  testament,  donation,  or  otherwise;  and  their  repre- 
sentatives, being  subjects  or  citizens  of  the  other  party,  shall  succeed 
to  their  said  personal  goods,  whether  by  testament  or  ab  intestato ; 
and  may  lake  possession  thereof,  cither  by  themselves  or  by  others 
acting  for  iIkmu,  and  dispose  of  the  saints  at  iheir  will,  paying  such 
dues  only  as  the  inhabitants  of  the  country  w  herein  the  said  goods 
are  shall  be  subject  to  pay  in  like  cases ;  and  in  case  of  the  absence 
of  the  representative,  such  care  shall  be  taken  of  the  said  goods,  and 
for  so  long  a  time,  as  would  be  tak(;n  of  the  goods  of  a  native  in  like 
case,  until  i\u;  lawful  owner  may  take  measures  for  receiving  them; 
and  if  questions  shall  arise  among  several  claimants  to  which  of 
them  the  said  goods  belong,  the  same  shall  be  decided  finally  by  the 


DIPLOMATIC  CORRESPONDENCE.  4 1 1 

laws  and  judges  of  the  land  wherein  the  said  goods  are,  and  where, 
on  the  death  of  any  person  holding  real  estate  within  the  territories 
of  the  one  party,  such  real  estate  would,  by  the  laws  of  the  land, 
descend  on  a  citizen  or  subject  of  the  other,  were  he  not  disqualified 
by  alienage,  such  subject  shall  be  allowed  a  reasonable  time  to  sell 
the  same,  and  to  withdraw  the  proceeds  without  molestation. 

Article  XI.  The  most  perfect  freedom  of  conscience  and  of 
worship  is  granted  to  the  citizens  or  subjects  of  either  party  within 
the  jurisdiction  of  the  other,  without  being  liable  to  molestation  in 
that  respect  for  any  cause  other  than  an  insult  on  the  religion  of 
others ;  moreover,  when  the  subjects  or  citizens  of  the  one  party 
shall  die  within  the  jurisdiction  of  the  other,  their  bodies  shall  be 
buried  in  the  usual  burying  grounds,  or  other  decent  and  suitable 
places,  and  shall  be  protected  from  violence  or  disturbance. 

Article  XII.  If  one  of  the  contracting  parties  should  be  engaged 
in  war  with  any  other  Power,  the  free  intercourse  and  commerce  of 
the  subjects  or  citizens  of  the  party  remaining  neutral  with  the 
belligerent  Powers,  shall  not  be  interrupted ;  on  the  contrary,  ia 
that  case,  as  in  full  peace,  the  vessels  of  the  neutral  Power  may 
navigate  freely  to  and  from  the  ports  and  on  the  coasts  of  the 
belligerent  parties,  free  vessels  making  free  goods,  insomuch  that  all 
things  shall  be  adjuged  free  which  shall  be  on  board  any  vessel 
belonging  to  the  neutral  party,  although  such  things  belong  to  an 
enemy  of  the  other,  and  the  same  freedom  shall  be  extended  to 
persons  who  shall  be  on  board  a  free  vessel,  although  they  should  be- 
enemies  to  the  other  party,  unless  they  be  soldiers  or  public  char- 
acters in  actual  service  of  such  enemy;  on  the  other  hand,  enemy 
vessels  shall  make  enemy  goods,  insomuch  that  whatever  shall  be 
found  in  the  vessels  of  an  enemy  shall  be  confiscated  without  dis- 
tinction, except  such  goods  and  merchandize  as  were  put  on  board 
such  vessels  before  the  declaration  of  war,  or  w^ithin  six  months  after 
it,  which  shall  be  free. 

Article  XIII.  And  in  the  same  case  of  one  of  the  contracting 
parties  being  engaged  in  war  with  any  other  Power,  to  prevent  all 
the  difficulties  and  misunderstanding  that  usually  arise  respecting  the 
merchandize  heretofore  called  contraband,  such  as  arms,  ammunition, 
and  military  stores  of  every  kind,  no  such  articles,  carried  in  the 
vessels  or  by  the  subjects  or  citizens  of  one  of  the  parties  to  the 
enemies  of  the  other,  shall  be  deemed  contraband  so  as  to  induce 


412  JOHN  ADAMS- JOHN  JAY. 

confiscation  or  condemnation  and  a  loss  of  property  to  individuals. 
Nevertheless,  it  shall  be  lawful  to  stop  such  vessels,  and  to  make 
them  unlade  such  articles  in  the  nearest  port,  putting  them  under 
safe  keeping,  or  to  detain  them  for  such  length  of  time  as  the  captors 
may  think  necessary  to  prev^ent  the  inconvenience  or  damage  that 
might  ensue  from  their  proceedings,  paying,  however,  a  reasonable 
compensation  for  the  loss  such  arrest  shall  occasion  to  the  pro- 
prietors ;  or  it  shall  be  allowed  to  use  in  the  service  of  the  captors, 
the  whole  or  any  part  of  the  military  stores  so  detained,  paying  the 
owners  the  full  value  of  the  same,  to  be  ascertained  by  the  current 
price  at  the  place  of  its  destination.  But  in  the  case  of  a  vessel  so 
stopped  for  articles  heretofore  deemed  contraband,  if  the  master  will 
deliver  out  the  goods,  supposed  to  be  of  contraband  nature,  he  shall 
be  admitted  to  do  it,  and  the  vessel  shall  not,  in  that  case,  be  carried 
into  any  port,  nor  further  detained,  but  shall  be  allowed  to  proceed 
on  her  voyage ;  nor  shall  any  such  articles  bo  subject  to  be  taken  or 
delayed  in  any  case,  if  they  be  not  in  greater  quantity  than  may  be 
necessary  for  the  use  of  the  ship,  or  of  the  persons  in  it. 

Article  XIV.  And  in  the  same  case  where  one  of  the  parties  is 
engaged  in  war  with  another  Power,  that  the  vessels  of  the  neutral 
party  may  be  readily  and  certainly  known,  it  is  agreed  that  they 
shall  be  provided  with  sea-letters  or  passports,  which  shall  express 
the  name,  the  property,  and  burthen  of  the  vessel,  as  also  the  name 
and  dwelling  of  the  master;  which  passports  shall  be  made  out  in 
good  and  due  forms,  to  be  settled  by  convention  between  the  parties 
whenever  occasion  shall  require,  shall  be  renewed  as  often  as  the 
vessel  shall  return  into  port,  and  shall  be  exhibited  whenever 
required,  as  well  in  the  open  sea  as  in  port.  But  if  the  said  vessel 
be  under  convoy  of  one  or  more  vessels  of  war  belonging  to  the 
neutral  party,  the  simple  declaration  of  the  ofliccr  commanding  the 
convoy,  that  the  said  vessel  belongs  to  the  party  of  which  he  is, 
shall  be  considered  as  establishing  the  fact,  and  shall  relieve  both 
parties  from  the  trouble  of  further  examination. 

Article  XV.  And  to  prevent  entirely  all  disorder  and  violence 
in  such  cases,  it  is  stipulated  that  when  the  vessels  of  the  neutral 
party,  sailing  without  convoy,  shall  be  met  by  any  vessel  of  war, 
public  or  private,  of  the  other  party,  such  vessel  of  war  shall  not 
approach  within  cannon-shot  of  the  said  neutral  vessel,  nor  send  more 
than  two  or  three  men  in  their  boat  on  board  the  same  to  examine 


DIPLOMATIC  CORRESPONDENCE.  4X3 

her  sea-letters  or  passports,  and  all  persons  belonging  to  any  vessel 
of  war,  public  or  private,  who  shall  molest  or  injure,  in  any  manner 
whatever,  the  people,  vessel,  or  effects  of  the  other  party,  shall  be 
responsible  in  their  persons  and  property  for  damages  and  interest, 
sufficient  security  for  which  shall  be  given  by  all  commanders  of 
private  armed  vessels  before  they  are  commissioned. 

Article  XVI.  It  is  agreed  that  the  subjects  or  citizens  of  each  of 
the  contracting  parties,  their  vessels,  and  effects,  shall  not  be  liable  to 
any  embargo  or  detention  on  the  part  of  the  other,  for  any  military 
expedition  or  other  public  or  private  purpose  whatsoever ;  and  in  all 
cases  of  seizure,  detention,  or  arrest  for  debts  contracted,  or  offences 
committed  by  any  citizen  or  subject  of  the  one  party  within  the 
jurisdiction  of  the  other,  the  same  shall  be  made  and  prosecuted  by 
order  and  authority  of  law  only,  and  according  to  the  regular  course 
of  proceedings  usual  in  such  cases. 

Article  XVII.  If  any  vessel  or  effects  of  the  neutral  Power  be 
taken  by  an  enemy  of  the  other,  or  by  a  pirate,  and  retaken  by  that 
othsr,  they  shall  be  brought  into  some  port  of  one  of  the  parties,  and 
delivered  into  the  custody  of  the  officers  of  that  port,  in  order  to  be 
restored  entire  to  the  true  proprietor  as  soon  as  due  proof  shall  be 
made  concerning  the  property  thereof. 

Article  XVIII.  If  the  citizens  or  subjects  of  either  party,  in 
danger  from  tempests,  pirates,  enemies,  or  other  accident,  shall  take 
refuge  with  their  vessels  or  effects  within  the  harbors  or  jurisdiction 
of  the  other,  they  shall  be  received,  protected,  and  treated  with 
humanity  and  kindness,  and  shall  be  permitted  to  furnish  themselves 
at  reasonable  prices,  with  all  refreshments,  provisions,  and  other 
things  necessary  for  their  sustenance,  health,  and  accommodation  for 
tlie  repair  of  their  vessels. 

Article  XIX.  The  vessels  of  war,  public  and  private  of  both 
parties,  shall  carry  freely,  wheresoever  they  please,  the  vessels  and 
effects  taken  from  their  enemies,  without  being  obliged  to  pay  any 
duties,  charges,  or  fees  to  officers  of  admiralty,  of  the  customs,  or 
any  others ;  nor  shall  such  prizes  be  arrested,  searched,  or  put  under 
legal  process  when  they  come  to,  or  enter  the  ports  of  the  other 
party ;  but  may  freely  be  carried  out  again  at  any  time  by  their 
captors  to  the  places  expressed  in  their  commissions,  which  the 
commanding  officers  of  such  vessels  shall  be  obliged  to  show ;  but 
no  vessel  which  shall  have  made  prizes  on  the  subjects  of  his  most 


414  JOHN  ADAMS-JOHN  JAY. 

Christian  Majesty  the  King  of  France,  shall  have  a  right  of  asylum 
in  the  ports  or  havens  of  the  United  States,  and  if  any  such  be 
forced  therein  by  tempest  or  dangers  of  the  sea,  they  shall  be 
obliged  to  depart  as  soon  as  possible,  according  to  the  tenor  of  the 
treaties  existing  between  his  said  most  Christian  Majesty  and  the 
said  United  States. 

Article  XX.  No  citizen  or  subject  of  either  of  the  contracting 
parties  shall  take  from  any  Power  with  which  the  other  may  be 
at  war,  any  commission  or  letter  of  marque  for  arming  any  vessel  to 
act  as  a  privateer  against  the  other,  on  pain  of  being  punished  as  a 
pirate;  nor  shall  either  party  hire,  lend,  or  give  any  part  of  their 
naval  or  military  force  to  the  enemy  of  the  other  to  aid  them 
offensively  or  defensively  against  that  other. 

Article  XXI.  If  the  two  contracting  parties  should  be  engaged 
in  war  against  a  common  enemy,  the  following  points  shall  be 
observed  between  them : 

1st.  If  a  vessel  of  one  of  the  parties,  retaken  by  a  privateer  of  the 
other,  shall  not  have  been  in  possession  of  the  enemy  more  than 
twenty-four  hours,  she  shall  bo  restored  to  the  Hrst  owner  for  one 
third  of  the  value  of  the  vessel  and  cargo ;  but  if  she  shall  have  been 
more  than  twenty-four  hours  in  possession  of  the  enemy,  she  shall 
belong  wholly  to  the  recaptors. 

2d.  [f,  in  the  same  case,  the  recapture  were  by  a  public  vessel 
of  war  of  the  one  party,  restitution  shall  be  made  to  the  owner 
for  one  thirtieth  part  of  the  value  of  the  vessel  and  cargo,  if  she 
shall  not  have  been  in  possession  of  the  enemy  more  than  twenty- 
four  hours,  and  one  tenth  of  the  said  value  where  she  shall  have 
been  longer;  which  sums  shall  \n',  disliihulL'd  in  gratuities  to  the 
recaptors. 

3d.  The  restitution,  in  (Ik;  c-ases  aforesaid,  shall  be  after  due  proof 
of  property,  and  surety  given  for  the  j)arl  to  wliicli  the  recaptors  are 
entitled. 

4th.  The  vessels  of  war,  public  and  privat",  of  the  two  parties, 
shall  be  reciprocally  admitted  with  their  prizes  into  the  respective 
j)orls  of  each  ;  but  the  said  prizes  shall  not  be  discharged  nor  sold 
there  until  liu!  legality  shall  hav(;  been  decided,  according  to  tho 
laws  and  regulations  of  the  States  to  which  the  ea|)t()r  belonged. 

."jiii.  It  shall  ])('.  Ui-r  to  each  party  to  make  sneh  regulations  as 
they  judge  necessary  for  the  conduct  of  their  respi.-clive   vessels  of 


DIPLOMATIC  CORRESPONDENCE.  415 

war,  public  or  private,  relative  to  the  vessels  which  they  shall  take 
and  cany  into  the  ports  of  the  two  parties. 

Article  XXII.  Where  the  parties  shall  have  a  common  enemy, 
or  shall  both  be  neutral,  the  vessels  of  war  of  each  shall,  upon  all 
occasions,  take  under  their  protection  the  vessels  of  the  other  going 
the  same  course,  and  shall  defend  such  vessels  as  long  as  they  hold 
the  same  course  against  all  force  and  violence,  in  the  same  manner 
as  they  ought  to  protect  and  defend  vessels  belonging  to  the  party  of 
which  they  are. 

Article  XXIII.  If  a  war  should  arise  between  the  two  contracting 
parties,  the  merchants  of  either  country  then  residing  in  the  other 
shall  be  allowed  to  remain  nine  months,  to  collect  their  debts  and 
settle  their  affairs,  and  may  depart  freely,  carrying  off  all  their 
effects,  without  molestation  or  hindrance;  and  all  women  and 
children,  artizans,  scholars  of  every  faculty,  cultivators  of  the  earth, 
manufacturers,  and  fishermen,  unarmed,  and  inhabiting  unfortified 
towns,  villages,  or  places,  whose  occupations  are  for  the  common 
subsistence  and  benefit  of  mankind,  shall  be  allowed  to  continue 
their  respective  employments,  and  shall  not  be  molested  in  their 
persons,  nor  shall  their  houses  or  goods  be  burnt  or  otherwise 
destroyed,  nor  their  fields  wasted  by  the  armed  force  of  the  enemy, 
into  whose  power,  by  the  events  of  war,  they  may  happen  to  fall ;  > 
but  if  anything  is  necessary  to  be  taken  from  them  for  the  use  of 
such  armed  force,  the  same  shall  be  paid  for  at  a  reasonable  price ; 
and  all  merchants  and  trading  vessels  employed  in  exchanging  the 
products  of  different  places,  and  thereby  rendering  the  necessaries, 
conveniences,  and  comforts  of  human  life  more  easy  to  be  obtained 
and  more  general,  shall  be  allowed  to  pass  free  and  unmolested; 
and  neither  of  the  contracting  parties  shall  grant  or  issue  any  com- 
mission to  any  private-armed  vessels,  empowering  them  to  take  or 
destroy  such  trading  vessels  or  interrupt  such  commerce. 

Article  XXIV.  And  to  prevent  the  destruction  of  prisoners  of 
war,  by  sending  them  into  distant  and  inclement  countries,  or  by 
crowding  them  into  close  and  noxious  places,  the  two  contracting 
parties  solemnly  pledge  themselves  to  each  other,  and  to  the  world, 
that  they  will  not  adopt  any  such  practice ;  that  they  neither  will 
send  the  prisoners  whom  they  may  take  from  the  other  into  the  East 
Indies,  nor  any  other  parts  of  Asia,  nor  Africa,  but  they  shall  be 
placed  in  some  part  of  their  dominions  in  Europe  or  America,  in 


416  JOHN  ADAMS-JOHN  JAY. 

wholesome  situations ;  that  they  shall  not  be  confined  in  dungeons, 
prison-shipsj  nor  prisons,  nor  be  put  into  irons,  nor  bound,  nor  other- 
wise restrained  in  the  use  of  their  limbs ;  that  the  officers  shall  be 
enlarged  on  their  paroles  within  convenient  districts,  and  have  com- 
fortable quarters,  and  the  common  men  be  disposed  in  cantonments, 
open  and  extensive  enough  for  air  and  exercise,  and  lodged  in 
barracks  as  roomy  and  good  as  are  provided  by  the  party  in  whose 
power  they  are  for  their  own  troops ;  that  the  officers  shall  also  be 
daily  furnished  by  the  party  in  whose  power  they  are  with  as  many 
rations,  and  of  the  same  articles  and  quality,  as  are  allowed  by  them 
either  in  kind  or  by  commutation  to  officers  of  equal  rank  in  their 
own  army,  and  all  others  shall  be  daily  furnished  by  them  with  such 
ration  as  they  allow  to  a  common  soldier  in  their  own  service,  the 
value  whereof  shall  be  paid  by  the  other  party  on  a  mutual  adjust- 
ment of  accounts  for  the  subsistence  of  prisoners  at  the  close  of  the 
war ;  and  the  said  accounts  shall  not  be  mingled  with  or  set  off 
against  any  others,  nor  the  balances  due  on  them  be  withheld  as  a 
satisfaction  or  reprisal  for  any  other  article,  or  for  any  other  cause, 
real  or  pretended,  whatever.  That  each  party  shall  be  allowed 
to  keep  a  commissary  of  prisoners  of  their  own  appointment,  with 
every  separate  cantonment  of  prisoners  in  possession  of  the  other, 
which  commissary  shall  see  the  prisoners  as  often  as  he  pleases,  shall 
be  allowed  to  receive  and  distribute  whatever  comforts  may  be  sent 
to  them  by  their  friends,  and  shall  be  free  to  make  his  reports,  in 
open  letters,  to  those  who  employ  him ;  but  if  any  officer  shall  break 
his  parole,  or  any  other  prisoner  shall  escape  from  the  limits  of  his 
cantonment  after  they  shall  have  been  designated  to  him,  such 
individual  officer  or  other  prisoner  shall  forfeit  so  much  of  tlie  benefit 
of  this  article  as  provides  for  his  enlargement  on  parole  or  canton- 
ment. And  it  is  declared,  that  neither  the  pretence  that  war 
dissolves  all  treaties,  nor  any  other  whatsoever,  shall  be  considered 
as  annulling  or  suspending  this  and  the  next  preceding  article  ;  but, 
on  the  contrary,  that  the  state  of  war  is  j)reciscly  that  for  which 
they  are  provided,  and  during  which  they  are  to  bo  as  sacredly 
observed  as  the  most  acknowledged  articles  in  the  laws  of  nature  or 
nations. 

Article  XXV.  Tiie  two  contracting  parlies  grant  to  each  other 
the  liberty  of  having,  each  in  the  ports  of  th(;  other.  Consuls,  Vice 
Consuls,  Agents,  and  Commissaries,  of  their  own  a])poinlment,  whose 


DIPLOMATIC  CORRESPONDENCE.  417 

functions  shall  be  regulated  by  particular  agreement,  whenever  either 
party  shall  choose  to  make  such  appointment ;  but  if  any  such 
Consuls  shall  exercise  commerce,  they  shall  be  submitted  to  the  same 
laws  and  usages  to  which  the  private  individuals  of  their  nation  are 
submitted  in  the  same  place. 

Article  XXVI.  If  either  party  shall  hereafter  grant  to  any  other 
nation  any  particular  favor  in  navigation  or  commerce,  it  shall 
immediately  become  common  to  the  other  party,  freely  where  it  is 
freely  granted  to  such  other  nation,  or  on  yielding  the  compensation 
where  such  nation  does  the  same. 

Article  XXVII.  His  Britannic  IMajesty  and  the  United  States 
of  America  agree  that  this  treaty  shall  be  in  force  during  the  term  of 
years  from  the  exchange  of  ratifications ;  and  if  the  expira- 
tion of  that  term  should  happen  during  the  course  of  a  war  between 
them,  then  the  articles  before  provided  for  the  regulation  of  their 
conduct  during  such  war,  shall  continue  in  force  until  the  conclusion 
of  the  treaty  which  shall  reestablish  peace,  and  that  this  treaty  shall 
be  ratified  on  both  sides,  and  the  ratification  exchanged  within  one 
year  from  the  day  of  its  signature. 


Office  for  Foreign  Affairs,  February  2,  1786. 
The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  the  draft  of  a  Treaty  of  Amity 

and  Commerce  between  his  Britannic  Majesty  and  the  said  States, 

w^hich  was  transmitted  by  iNIr.  Adams,  together  with  his  letters 

that  accompanied  it,  reports — 

That,  in  his  opinion,  the  United  States  may  safely  enter  into 
treaty  with  Britain,  on  the  terms  and  agreeable  to  the  tenor  of  said 
draft ;  and  therefore  that  it  should  be 

Resolved,  That  Congress  approve  of  the  said  draft,  and  that  in 
the  blank  left  for  the  term  of  the  duration  of  the  Treaty  be  inserted 
twenty  years. 

Your  Secretary  thinks  it  would  be  expedient  to  refer  the  letters 
abovementioned  to  the  same  Committee  to  whom  other  letters  from 
Mr.  Adams  were  yesterday  committed. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHJV  JAY. 
Vol.  IL— 27 


418  JOHN  ADAMS-JOHN  JAY. 

FROM    JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  August  3,  1785. 

Dear  Sir, 

I  have  the  honor  of  transmitting  to  you,  liercwith  enclosed,  a  copy 
of  a  letter  from  J,  Carter  to  the  Honorable  D.  Howell,  Esq.,  of  19th 
April,  1785,  and  also  a  copy  of  my  report  on  that  letter,  which, 
having  been  approved  by  Congress,  was  referred  to  me  to  take 
order. 

These  papers  respect  the  detention  of  Americans  captured  during 
the  war;  and  I  am  persuaded  that  nothing  on  your  part  will  be 
wanting  to  restore  those  brave  men  to  the  enjoyment  of  liberty  and 
their  country,  who  have  done  and  suffered  so  much  for  both. 

With  great  esteem,  he,  JOHN  JAY. 

Report  of  John  Jay  relative  to  American  Prisoners. 

Office  for  Foreign  Affairs,  June  9,  1785. 
The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  from  John  Carter  to  the 
Honorable  David  Howell,  Esq.,  of  the  19th  April  last,  respecting 
Mr.  Richard  Low  and  other  Americans,  who,  having  been  made 
prisoners  by  the  British  during  the  late  war,  arc  not  yet  released, 
reports : 

That,  in  his  opinion,  a  copy  of  the  said  letter  should  he  transmitted 
to  the  Minister  Plenipotentiary  of  the  United  States  at  the  Court  of 
London,  with  instructions  to  lay  the  same  before  the  Minister,  and  to 
demand  that  orders  be  immediately  given  for  the  release  and 
discharge  of  all  such  American  soldiers,  seamen,  and  citizens  as 
having  been  captured  during  the  late  war,  and  may  yet  be  detained 
in  his  IJritannic  Majesty's  jirisoiis,  garrisons,  armies,  or  ships. 
All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM    JOHN    CARTKK    TO    DAVID    HOWELL. 

rrovid.-noo,  April  10,  1785. 

Dear  Sir, 
The  effects  of  the  late  war  arc  still  severely  felt  by  individuals,  as 
well  as  by  the  Stales  at  large,  and  there  is  reason  to  believe  that 
many  of  our  citizens  arc   still   detained   on   board   Ins   Britannic 


DIPLOMATIC  CORRESPONDENCE.  419 

Majesty's  ships  of  war.  Humanity,  as  well  as  policy,  dictates  that 
a  demand  should  be  made  of  them  that  they  may  be  restored  to  their 
country  and  connexions. 

Colonel  John  Low,  of  Warwick,  has  requested  me  to  write  you 
particularly  in  behalf  of  his  son,  Mr.  Richard  Low,  who  in  the  year 
1776  was  captured  in  an  unarmed  merchant  sloop  by  the  Niger  frigate, 
and  immediately  put  to  duty  on  board  her.  The  Niger  afterwards 
convoyed  a  fleet  from  New  York  to  England,  and  from  thence  sailed 
for  the  Jamaica  station,  where  she  remained  about  three  years.  Mr. 
Low  was  then  turned  on  board  another  ship,  and  sailed  a  second 
time  for  England,  where,  on  his  arrival,  he  was  drafted  with  a 
number  of  other  Americans,  and  put  on  board  the  Defence,  of 
seventy-four  guns.  The  Defence  soon  after  sailed  for  the  East 
Indies ;  and  Colonel  Low  has  lately  received  a  letter  from  his  son, 
dated  at  Bombay,  in  January,  1784.  He  informs  that  the  ship  was 
to  sail  for  England  in  October,  and  would  probably  arrive  in  the 
present  month  of  April. 

He  has  ever  earnestly  wished  to  be  permitted  to  return  to  his 
country  and  friends ;  and  Colonel  Low  entreats  that,  in  the  next 
public  despatches  for  Europe,  his  son's  case  may  be  stated  to  the 
American  Minister  or  Commissioner,  that  the  proper  steps  may  be 
pursued  to  obtain  his  release,  after  so  long  and  so  painful  a  captivity. 

I  am,  dear,  sir,  fee,  JOHN  CARTER. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  October  14,  1785. 

Dear  Sir, 

Since  the  date  of  my  last  to  you,  which  was  the  6th  September 
last,  I  have  been  honored  with  yours  of  the  10th  and  26th  June,  and 
19th  and  29th  July,  with  the  papers  mentioned  to  be  enclosed. 
They  are  now  before  Congress ;  and  I  am  persuaded  that  the  strong 
marks  they  bear  of  industry  and  attention  will  give  them  pleasure. 

I  perfectly  concur  with  you  in  sentiment  respecting  what  ought  to 
be  the  conduct  and  policy  of  the  L^nited  States;  and  I  am  not 
without  hopes  that  they  will  gradually  perceive  and  pursue  their  true 
interests.  There  certainly  is  much  temper  as  well  as  talents  in 
Congress ;  and  although  it  is  not  in  their  power  to  do  all  that  should 


420  JOHN  ADAMS-JOHN  JAY. 

be  done,  yet  they  are  Nvilling  and  industrious  to  do  whatever  depends 
upon  them. 

Your  letters,  I  am  sure,  are  useful ;  they  disseminate  and  enforce 
those  federal  ideas  which  cannot  be  too  forcibly  inculcated  or  too 
strongly  impressed.  Our  Federal  Government  is  incompetent  to  its 
objects ;  and  as  it  is  the  interests  of  our  country,  so  it  is  the  duty  of 
her  leading  characters  to  cooperate  in  measures  for  enlarging  and 
invigorating  it.  The  rage  for  separations  and  new  States  is  mis- 
chievous ;  it  will,  unless  checked,  scatter  our  resources,  and  in  every 
view  enfeeble  the  Union.  Your  testimony  against  such  licentious, 
anarchical  proceedings  would,  I  am  persuaded,  have  great  weight. 

Your  letters,  as  yet,  are  silent  respecting  the  evacuation  of  our 
fi*ontier  posts.  I  do  not  mean  to  press  you  either  to  do  or  say  any 
thing  luiseasonably  about  it,  for  there  are  times  and  tides  in  human 
affairs  to  be  watched  and  observed.  I  know  your  attention,  and 
therefore  rest  satisfied  that  we  shall  here  from  you  on  this  interesting 
subject  as  soon  as  you  ought  to  write  about  it.  During  the  ensuing 
sessions  of  the  Legislatures,  I  shall  watch  their  acts,  and  endeavor 
to  send  you  such  as  may  respect  the  interests  of  the  Union.  I  find 
it  extremely  difficult  to  collect  them.  When  I  first  came  into  this 
office,  I  wrote  a  circular  letter  to  the  Governors,  requesting  them, 
among  other  things,  to  send  me,  from  time  to  time,  printed  copies  of 
their  acts ;  but  whatever  may  have  been  the  cause,  it  has  so  hap- 
pened that,  except  in  two  or  three  instances,  this  request  has  been 
entirely  neglected. 

With  the  newspapers  herewith  sent  you  will  find  the  requisitions 
of  Congress.     What  its  success  will  be  cannot  yet  be  determined. 

The  Algerines,  it  seems,  have  declared  war  against  us.  If  we 
act  properly,  I  shall  not  be  very  sorry  for  it.  In  my  opinion,  it  may 
lay  the  foundation  for  a  navy,  and  tend  to  draw  us  more  closely  into 
a  federal  system.  On  that  ground  only  we  want  strength,  and  could 
our  people  be  brought  to  see  it  in  that  light,  and  act  accordingly,  we 
should  have  little  reason  to  apprehend  danger  from  any  quarter. 
Monsieur  de  Murbois  has  hft  us,  and  is  gone  to  St,  Domingo,  where 
he  has  an  intendancy.  Mr.  Otto  succeeds  him,  and  ajjpears  well 
disposed. 

As  yet,  your  place  at  the  Hague  is  vacant.  Several  gentleman 
are  in  nomination,  among  whom  I  hear  arc  Mr.  Izard  and  Mr. 
Madison. 


DIPLOMATIC  CORRESPONDENCE.  421 

Dr.  Franklin  is  happy  at  Philadelphia.  Both  parties  are  assiduous 
in  their  attentions  to  him,  and  it  is  thought  more  than  probable  he 
will  succeed  jNIr.  Dickinson.  I  fear,  in  the  language  of  our  farmers, 
that  a  day  so  remarkably  fine  for  the  season  may  prove  a  weather 
breeder ;  that  is,  that  he  will  find  it  difficult  to  manage  both  parties, 
for,  if  he  gives  himself  up  to  one,  he  must  expect  hostility  from  the 
other.  I  wish  he  may  be  able  to  reconcile  them,  and  thereby  restore 
that  State  to  the  degree  of  strength  and  respectability  which,  from 
its  population,  fertility,  and  commerce,  it  ought  to  possess. 

I  congratulate  you  on  the  issue  of  your  discussions  with  their  High 
Mightinesses.  Mr.  Dumas  gave  us  an  account  of  it,  and  we  are  all 
pleased  to  find  that  it  terminated  as  it  did. 

With  great  and  sincere  esteem,  he,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  August  6,  1785. 
Dear  Sir, 

1  find  the  spirit  of  the  times  very  different  from  that  which  you 
and  I  saw  when  we  were  here  together,  in  the  months  of  November 
and  December,  1783. 

Then,  the  commerce  of  the  United  States  had  not  fully  returned 
to  these  Kingdoms  ;  then  the  nation  had  not  digested  its  system,  nor 
determined  to  adhere  so  closely  to  its  navigation  acts  relatively  to 
the  United  States ;  then  it  was  common  in  conversation  to  hear  a 
respect  and  regard  for  America  professed  and  even  boasted  of. 

Now,  the  boast  is  that  our  commerce  has  returned  to  its  old 
channels,  and  that  it  can  follow  in  no  other;  now  the  utmost 
contempt  of  our  commerce  is  freely  expressed  in  pamphlets,  gazettes, 
coffee-houses,  and  in  common  street  talk.  I  wish  I  could  not  add  to 
this  the  discourses  of  Cabinet  Counsellors  and  Ministers  of  State,  as 
well  as  members  of  both  Houses  of  Parliament. 

The  national  judgment  and  popular  voice  is  so  decided  in  favor  of 
the  navigation  acts,  that  neither  administration  nor  opposition  dare 
avow  a  thought  of  relaxing  them  further  than  has  been  already 
done. 

This  decided  cast  has  been  given  to  the  public  opinion  and  the 
national  councils  by  two  facts,  or  rather  presumptions :  The  first  is, 


422  TOHN  ADAMS- JOHN  JAY. 

that,  in  all  events,  this  country  is  sure  of  the  American  commerce. 
Even  in  case  of  war,  they  think  that  British  manufactures  will  find 
their  way  to  the  United  States,  through  France,  Holland,  the 
Austrian  Low  Countries,  Spain,  Portugal,  Sweden,  the  French  and 
Dutch  West  Indies,  and  even  through  Canada  and  INova  Scotia. 
The  second  is,  that  the  American  States  are  not,  and  cannot  be, 
united.  The  landed  interest  will  never  join  with  the  commercial 
interest,  nor  the  southern  States  with  the  northern,  in  any  measures 
of  retaliation  or  expressions  of  resentment.  These  things  have  been 
so  often  affirmed  to  this  people  by  the  refugees,  and  they  have  so 
often  repeated  them  to  one  another,  that  they  now  fully  believe 
them ;  and  I  am  firmly  persuaded  they  will  try  the  experiment  as 
long  as  they  can  maintain  the  credit  of  their  stocks.  It  is  our  part 
then  to  try  our  strength.  You  know  better  than  I  do  whether  the 
States  will  give  Congress  the  power,  and  whether  Congress,  when 
they  hav^e  the  power,  will  judge  it  necessary  or  expedient  to  exert  it 
in  its  plenitude. 

You  were  present  in  Congress,  sir,  in  1774,  when  many  members 
discussed  in  detail  the  commercial  relations  between  the  United 
States  (then  United  Colonies)  and  Great  Britain,  Ireland,  the  British 
West  Indies,  and  all  other  parts  of  the  Briti>h  Empire,  and  showed 
to  what  a  vast  amount  the  wealth,  power,  and  revenue  of  Great 
Britain  would  be  affected  by  a  total  cessation  of  exports  and  imports. 
The  British  revenue  is  now  in  so  critical  a  situation,  that  it  might  be 
much  sooner  and  more  essentially  affected  than  it  could  be  then. 
You  remember,  however,  sir,  that,  although  the  theory  was  demon- 
strated, the  practice  was  found  very  difiicult. 

Britain  has  ventured  to  begin  commercial  hostilities.  I  call  them 
hostilities,  because  their  direct  object  is  not  so  much  the  increase  of 
their  own  wealth,  ships,  or  sailors,  as  the  diminution  of  ours.  A 
jealousy  of  our  naval  })owi-r  is  the  true  motive,  the  real  passion  which 
actuates  them.  They  consider  the  United  States  as  their  rival,  and 
the  most  dangerous  rival  they  have  in  the  world.  I  see  clearly  they 
are  less  afraid  of  an  augmentation  of  I'Vcnch  ships  and  sailors  than 
American. 

They  think  they  foresee  that  if  the  United  States  had  the;  same 
fisheries,  the  same  carrying  trade,  and  the,  same  market  for  ready- 
built  ships  which  they  had  ten  years  ago,  they  would  l)e  in  so 
respectable   a   posture,  and   so   happy  in   their  circumstances,  that 


DIPLOMATIC  CORRESPONDENCE.  423 

their  own  seamen,  manufacturers,  and  merchants  too,  would  hurry- 
over  to  them. 

If  Congress  should  enter  in  earnest  into  this  commercial  war,  it 
must  necessarily  be  a  long  one  before  it  can  fully  obtain  the  victory, 
and  it  may  excite  passions  on  both  sides  which  may  break  out  into  a 
military  war.  It  is  to  be  hoped,  therefore,  that  the  people  and  their 
councils  will  proceed  wi^  all  the  temperance  and  circumspection 
which  such  a  state  of  things  requires.  I  would  not  advise  to  this 
commercial  struggle  if  I  could  see  a  prospect  of  justice  without  it, 
but  I  do  not.     Every  appearance  is  on  the  contrary. 

I  have  not  indeed  obtained  any  direct  evidence  of  the  intentions  of 
the  Ministry,  because  I  have  received  no  answer  to  any  of  my  letters 
to  Lord  Caennarthen ;  and  it  seems  to  me  to  press  them  at  this 
juncture,  with  any  great  appearance  of  anxiety,  would  not  be  good 
policy. 

Let  them  hear  a  little  more  news  from  Ireland,  France,  and 
perhaps  Spain,  as  well  as  America,  which  I  think  will  operate  in 
our  favor. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  August  8,  1785. 

Dear  Sir, 

It  would  be  of  little  consequence  to  us  whether  there  was  a  union 
between  Great  Britain  and  Ireland  or  not,  or  whether  Mr.  Pitt's 
twenty  propositions  are  accepted  or  not,  provided  both  these  coun- 
tries should  be  allowed  to  trade  with  the  United  States  upon  free  and 
equal  terms ;  but  the  design  is  too  apparent,  at  least  too  suspicious, 
of  drawing  Ireland  into  the  shackles  of  the  navigation  acts,  in  order 
that  the  three  kingdoms  may  be  made  to  act  in  concert  in  maintaining 
that  system  of  monopoly  against  us. 

Several  speakers  in  Parliament,  and  many  writers  have  lately- 
thrown  out  hints  of  a  union  with  Ireland,  and  a  certain  printer  and 
bookseller  is  now  employed  in  reprinting  Daniel  de  Foe's  book  upon 
the  union  with  Scotland,  to  which  he  has  engaged  INIr.  de  Lolme  to 
write  an  introduction.     This  is  all  a  ministerial  operation,  and  is 


424  JOHN  ADAMS— JOHN  JAY. 

intended  to  be  pushed,  if  Mr.  Pitt's  twenty  propositions  should  either 
be  rejected  by  the  L'isii  Parhament,  or  give  too  much  discontent  to 
the  volunteers. 

The  twenty  propositions,  and  the  bill  which  is  grounded  on  them, 
betray  too  clearly  the  intentions  of  the  Ministry. 

"  Whereas,  it  is  highly  and  equally  important  to  the  interests,  both 
'  of  Great  Britain  and  Ireland,  and  essential  to  the  objects  of  the 
'  present  settlement,  that  the  laws  for  regulating  trade  and  navigation, 
'so  far  as  relates  to  securing  exclusive  privileges  to  the  ships  and 
'mariners  of  Great  Britain  and  Ireland,  and  British  colonies  and 
'plantations,  and  so  far  as  relates  to  the  regulating  and  restraining 
'  the  trade  of  the  British  colonies  and  plantations,  should  be  the  same 
'in  Great  Britain  and  Ireland,  and  that  all  such  laws  in  both  king- 
'doms  should  impose  the  same  restraints,  and  confer  the  same 
'  benefits  on  the  subjects  of  both,  which  can  only  be  effected  by  the 
'laws  to  be  passed  in  the  Parliament  of  both  kingdoms,  (the 
'  Parliament  of  Great  Britain  being  alone  competent  to  bind  the 
'  people  of  Great  Britain  in  any  case  whatever,  and  the  Parliament 
'  of  Ireland  being  alone  competent  to  bind  the  people  of  Ireland  in 
'  any  case  whatever,)  therefore,  be  it  declared,  that  it  shall  be  held 
'and  adjudged  to  be  a  fundamental  and  essential  condition  of  the 
'present  settlement,  liiat  the  laws  for  regulating  trade  and  navigation, 
'so  far  as  the  said  laws  r(;late  to  the  securing  exclusive  privileges  to 
'the  shijps  and  mariners  of  Great  Britain,  Ireland,  and  the  British 
'colonies  and  plantations,  shall  be  the  same  in  Great  Britain  and 
'  Ireland,  and  shall  impose  the  same  restraints,  and  confer  the  same 
'benefits  on  the  subjects  of  both  kingdoms." 

"  That  all  privileges,  advantages,  and  immunities,  which  are  now 
'granted,  or  shall,  by  any  law  to  be  passed  by  the  Parliament  of 
'Great  Britain,  be  hereafter  granted  to  ships  built  in  Great  liritain, 
'  or  to  ships  belonging  to  any  of  his  Majesty's  subjects  residing  in 
'Great  Britain,  or  to  ships  manned  by  British  seamen,  or  to  ships 
'manned  by  certain  proportions  of  JJritish  s(>amen,  shall,  to  all 
'intents  and  purposes  whatever,  1)(;  enjoyed  in  the  same  manner, 
'and  under  the  same  regulations  and  restrictions  respectively,  by 
'ships  built  in  Ireland,  or  by  shij)s  belonging  to  any  of  his  Majesty's 
'subjects  residing  in  Ireland,  or  by  ships  manned  by  Irisli  seamen, 
'or  by  ships  manned  by  certain  proportions  of  Irish  seamen." 
"That  it  shall   be   held   and   adjudged   to   be   a   fundamental   and 


DIPLOMATIC  CORRESPONDENCE.  425 

'essential  condition  of  the  present  settlement,  that  such  regulations 
'as  are  now,  or  hereafter  shall  be  in  force,  by  law  passed  or  to  be 
'passed  in  the  Parliament  of  Great  Britain,  for  securing  exclusive 
'privileges,  advantages,  and  immunities  as  aforesaid,  to  the  ships  and 
'mariners  of  Great  Britain,  Ireland,  and  the  British  colonies  and 
'plantations,  shall  be  established  in  Ireland,  for  the  same  time,  and 
'  in  the  same  manner,  as  in  Great  Britain,  by  laws  to  be  passed  in 
'the  Parliament  of  Ireland  within  months,  Stc,  provided  that 

'  the  laws  so  to  be  passed  in  the  Parliament  of  Great  Britain  for  the 
'purposes  aforesaid  shall  impose  the  same  restraints,  and  confer  the 
'same  benefits  on  the  subjects  of  Great  Britain  and  Ireland." 

"That  it  shall  be  held  and  adjudged  to  be  a  fundamental  and 
'  essential  condition  of  the  present  settlement,  that  Irish  sail  cloth 
'shall  be  deemed  British  sail  cloth  within  the  meaning  of  19  Geo.  2, 
'or  any  other  act  or  acts  of  Parliament  respecting  the  furnishing  of 
'ships  with  British  sail  cloth,  and  that  Irish  sail  cloth  shall  be  entitled 
'to  equal  preference  and  advantage  as  British,  for  the  use  of  the 
'British  navy." 

"  That  it  shall  be  held  and  adjudged  to  be  a  fundamental  and 
'essential  condition  of  the  present  settlement,  that  all  goods  of  the 
'growth,  produce,  or  manufacture,  of  any  British,  or  of  any  foreign 
'colony  in  America,  or  in  the  West  Indies,  or  of  any  of  the  British 
'or  foreign  settlements  on  the  coast  of  Africa,  and  all  peltry,  rum, 
'tram  oil,  and  ivhah  fins,  being  the  growth,  produce,  or  manufacture 
'of  the  countries  belonging  to  the  United  States  of  America,  or 
'being  the  produce  of  the  fisheries  carried  on  by  the  subjects  of  the 
'United  States  of  America,  shall,  on  importation  into  Ireland,  be 
'made  subject  to  the  same  duties  and  regulations  as  the  like  goods 
'are,  or  from  time  to  time  shall  be  subject  to,  on  importation  into 
'  Great  Britain ;  or,  if  prohibited  from  being  imported  into  Great 
'Britain,  shall,  in  like  manner,  be  prohibited  from  being  imported 
'  into  Ireland." 

These  extracts  from  the  bill  for  finally  regulating  the  intercourse  and 
commerce  between  Great  Britain  and  Ireland,  moved  in  the  House 
of  Commons  by  the  Chancellor  of  the  Exchequer,  are  sufficient 
evidence  of  a  design  to  draw  Ireland  into  a  combination  ag-ainst 
America. 

This  jealousy  of  our  ships  and  mariners,  sir,  is  not  peculiar  to  the 
English.     The  French  are  equally  possessed  of  it,  and  both  are 


426  JOHN  ADAMS— JOHN  JAY. 

infected  with  it  to  such  a  degree,  that  I  am  confident  that  each  of 
these  nations  had  rather  contribute  to  tlie  increase  of  the  other's 
ships  and  mariners  than  those  of  the  United  States.  It  would  not 
surprise  me  at  all  if  these  two  Courts,  which  can  agree  in  nothing 
else,  should  combine  together  to  exclude  us  from  every  branch  of 
the  carrying  trade,  and  every  advantage  of  the  whale  fishery. 

What  shall  we  do  to  defend  ourselves  ?  Shall  we  confine  the 
exportation  of  the  produce  of  the  United  States  to  the  ships  and 
mariners  of  the  United  States  ?  To  increase  the  English  Navy,  the 
statute  of  the  5  Ric.  2,  C.  3,  enacted  that  "  none  of  the  King's 
'  liege  people  should  ship  any  merchandize  out  of  or  into  the  realm ; 
'  but  only  in  the  ships  of  the  King's  liegance  on  pain  of  forfeiture.'' 
If  the  United  States  were  able  and  willing  to  imitate  this  statute, 
and  confine  all  our  exports  and  imports  to  ships  built  in  the  United 
States,  and  navigated  with  American  seamen,  or  three  quarters 
American  seamen,  or  one  half,  or  even  one  third  American  seamen, 
what  would  be  the  consequence  ?  We  should  not  have  at  first 
enough  either  of  ships  or  seamen  to  export  the  produce,  and  import 
what  would  be  wanted  from  abroad ;  but  we  should  see  multitudes 
of  people  instantly  employed  in  building  ships,  and  multitudes  of 
Others  immediately  becoming  sailors,  and  the  time  would  not  be 
long  before  we  should  have  enough  of  both.  The  people  of  the 
United  States  have  shown  themselves  capable  of  great  exertions, 
and  possessed  of  patience,  courage,  and  perseverance,  and  willing  to 
make  large  sacrifices  to  the  general  interest. 

But  are  they  capable  of  this  exertion  ?  Are  they  possessed  of 
patience,  courage,  and  perseverance  enougli  to  encounter  the  losses 
and  embarrassments  which  would  at  first  be  occasioned  by  an 
exclusion  of  foreign  ships?  I  wish  I  could  know  the  number  of 
foreign  ships  which  have  entered  the  ports  of  the  United  States  since 
the  peace.  Including  English,  French,  Dutch,  Italian,  and  Swedish 
vessels,  the  number  must  be  very  great.  If  all  these  ships  and 
seamen  were  American,  what  materials  would  they  furnish  for  a 
navy  in  case  of  need?  How  would  this  be  received  by  foreign 
nations?  Spain  and  Portugal  would  say  nothing,  because  they  have 
no  ships  in  our  trade  France  lias  few.  Italy  would  have  no  right 
to  object;  nor  (iennany,  Russia,  Sweden,  or  Denmark.  It  would 
be  laying  an  axe  at  the  root  of  the  Briti.di  commerce,  revenue,  and 
naval   power,  however  slightly  •hey  may  think  of  us.     Whether  a 


DIPLOMATIC  CORRESPONDENCE.  427 

heavy  duty  upon  all  foreign  vessels,  such  as  should  operate  as  a 
decisive  encouragement  to  American  ships,  would  not  answer  the 
end  as  well,  I  am  not  able  to  judge. 

The  provisions  of  the  act  of  navigation,  12  Car.  2,  C.  18,  would 
not  be  sufficient  for  our  purpose.  If  the  United  States  should  agree 
in  a  law  that  no  goods  should  be  suffered  to  be  imported  into  the 
United  States  in  any  other  than  an  American  bottom,  (navigated  by 
an  American  master,  and  three  fourths  of  the  seamen  American,)  or 
in  the  ships  of  that  European  nation  of  which  the  merchandize 
imported  was  the  genuine  growth  or  manufacture,  this  would  not 
accomplish  our  wish,  because  British  and  Irish  ships  would  desire  no 
other  than  to  import  into  our  States  the  manufacture  of  the  British 
empire,  and  to  export  our  produce  in  the  same  bottoms.  Some  of 
the  British  statutes  prohibit  foreigners  to  carry  on  the  coasting  trade, 
that  is,  to  go  from  one  port  to  another  in  Great  Britain ;  and  this 
regulation  will  now  be  extended  to  Ii'eland,  if  the  twenty  propositions 
are  accepted.  A  shnilar  regulation  might  be  adopted  by  the  United 
States ;  and  this  would  be  a  vast  encouragement  to  our  navigation, 
for  the  intercourse  between  one  State  and  another,  and  between  one 
port  and  another  of  the  same  State,  will  now  be  so  frequent  and 
considerable  as  to  employ  many  ships  and  mariners ;  and  in  these 
the  greatest  strength  of  a  country  consists,  because  they  are  always 
at  home  ready  to  fight  for  the  defence  of  their  firesides. 

If  we  should  get  over  our  aversion  to  monopolies  and  exclusions, 
and  adopt  the  selfish,  unsocial  principles  of  the  European  nations, 
particularly  of  France  and  England,  we  should  astonish  the  world 
with  a  navy  in  a  very  few  years,  not  more  than  eight  or  ten,  equal, 
perhaps,  to  the  third  maritime  power  in  Europe.  This  would  be 
amply  sufficient  for  our  defence.  European  statesmen  know  it  better 
than  we  do,  and  dread  it  more  than  we  desire  it,  because  they  think 
that  from  that  period  all  the  West  India  Islands,  Canada,  and  Nova 
Scotia,  the  Floridas  and  Mexico,  too,  would  be  made  to  join  us. 
Why,  then,  will  England  pursue  measures  which  will  force  us  to  try 
experiments  against  our  inclinations?  There  is  no  answer  to  be 
given  to  this  question  but  the  same  which  has  been  given  to  another: 
Why  did  she  force  us  into  independence  ?  The  nation  is  infatuated, 
and  every  successive  Minister  must  be  infatuated,  too,  or  lose  his 
popularity  and  his  place.  Nor  is  France  much  less  infatuated  in  her 
system  of  politics  relative  to  America.     The  jealousy  of  our  naviga- 


428  JOHN  ADAMS— JOHN  JAY. 

tion  is  so  strong  and  so  common  to  both,  that  I  should  not  be  at  all 
surprised  if  France  should  agree  that  England  should  carry  her  point 
in  Ireland,  draw  her  into  the  navigation  monopoly,  and  agree  together 
to  keep  peace  with  one  another,  and  force  us,  if  they  can,  out  of 
every  nursery  for  seamen.  I  know  that  French  noblemen  are  in 
England,  and  English  gentlemen  in  France,  preaching  up  to  each 
other  a  terror  of  our  naval  power,  and  even  the  late  arrtt  against 
British  manufactures  may  be  but  a  blind  to  cover  very  different 
designs.  Both  Courts  are  capable  of  such  dissimulation,  and  they 
are  now  acting  in  concert  in  Germany,  so  much  to  the  disgust  of  the 
two  Imperial  Courts,  that  I  confess  I  do  not  admire  this  appearance 
of  friendship  any  more  than  I  cannot  account  for  it. 

It  will  require  all  the  wisdom  and  all  the  firmness  of  Congress  and 
the  States  to  plan  and  execute  the  measures  necessary  to  counteract 
all  these  wiles. 

With  great  and  sincere  esteem,  fee,  JOHN  AD  AIMS. 


-o- 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  Westminster,  August  10,  1785. 
Dear  Sir, 

The  arret  of  the  King  of  France,  in  his  council  of  the  10th  of 

July,  has  a    preamble  which  deserves   to   be  well   considered   in 

America.    Tiie  increasing  liberality  of  sentiment  among  philosophers 

and  men   of  letters   in   various  nations,  has,  for  some  time,   given 

reason  to  hope  for  a  reformation  or  kind  of  Protcstanism  in  the 

commercial  system  of  the  world  ;  but  I  believe  that  this  arret  is  the 

first  act   of  any   sovereign  which   has   openly    avowed   commercial 

principles  so  generous  and  noble.     *'  Nothing  could  appear  to  the 

<  King   more  desirable  and   suitabh;   to   his   own    principles  than  a 

<  general  liberty  which,  freeing  from  all  kinds  of  fetters  the  circulation 
'  of  all  productions  and  goods  of  different  countries,  would  make 
'  of  all  nations,  as  it  were,  but  one  in  j)oint  of  trade ;  but  as  long 
'  as  that  liberty  cannot  be  universally  admitted,  and  every  where 
'reciprocally,  tlu,'  interest  of  the  kingdom  requires  of  his  Majesty's 
'wisdom  that  Ik;  shoiihl  exfludc  from  it,  or  suffer  to  be  imported  by 
'  the  nation  only,  those  forcij^n  goods,  the  free  importation  of  which 
'  woiihl  be  hurtful  to  his  kingdom  and  manufactories,  and  might  make 
'  the  balance  of  trade  to  be  airainsl  him." 


DIPLOMATIC  CORRESPONDENCE.  429 

The  United  States  of  America  have  done  more  than  all  the  econ- 
omists in  France  towards  propagating  in  the  world  that  magnanimous 
sentiment.  But  they  have  more  cause  than  the  Court  of  France  to 
complain  that  liberty  is  not  universally  and  reciprocally  admitted. 
They  have  cause  to  complain  against  France  herself  in  some  degree, 
but  more  against  Great  Britain,  for  France,  in  some  degree,  calculates 
all  her  policy  towards  us,  upon  a  principle  which  England  pursues 
more  steadily — a  principle  not  so  properly  of  enriching  and  strength- 
ening herself  at  our  expense,  as  of  impoverishing  and  weakening  us 
even  at  her  own  expense.  Simple  selfishness,  which  is  only  the 
absence  of  benevolence,  is  much  less  unamiable  than  positive 
malevolence.  As  the  French  Court  has  condescended  to  adopt  our 
principle  in  theory,  I  am  very  much  afraid  we  shall  be  obliged  to 
imitate  their  wisdom  in  practice,  and  exclude  from  the  United  States, 
or  suffer  to  be  imported  by  ojir  nation  only,  and  in  their  own  ships, 
those  foreign  goods  which  would  be  hurtful  to  the  United  States  and 
their  manufactories,  make  the  balance  of  trade  to  be  against  them, 
or  annihilate  or  diminish  their  shipping  or  mariners. 

We  have  hitherto  been  the  bubbles  of  our  own  philosophical  and 
equitable  liberality;  and,  instead  of  meeting  corresponding  senti- 
ments, both  France  and  England  have  shown  a  constant  disposition 
to  take  a  selfish  and  partial  advantage  of  us  because  of  them,  nay, 
to  turn  them  to  the  diminution  or  destruction  of  our  own  means  of 
trade  and  strength.  I  hope  we  shall  be  the  dupes  no  longer  than  we 
must.  I  would  venture  upon  monopolies  and  exclusions,  if  they 
were  found  to  be  the  only  arms  of  defence  against  monopolies  and 
exclusions,  without  fear  of  offending  Dean  Tucker  or  the  ghost  of 
Doctor  Quenay. 

I  observe  further,  with  pleasure,  in  the  preamble,  that  the  King 
"  is  particularly  occupied  with  the  means  of  encouraging  the  industry 
*  of  his  subjects,  and  of  propagating  the  extent  of  their  trade,  and 
'reviving  their  manufactories."  Great  things  may  be  done  in  this 
way  for  .the  benefit  of  America  as  well  as  of  France,  if  the  measures 
are  calculated  upon  the  honest  old  principle  of  "  live  and  let  live." 
But  if  another  maxim  is  adopted,  "  I  will  Hve  upon  your  means  of 
living,"  or  another  still  worse,  "  I  will  half  starve,  that  you  may 
quite  starve,"  instead  of  rejoicing  at  it,  we  must  look  out  for  means 
of  preserving  ourselves.  These  means  can  never  be  secured  entirely, 
until  Congress  shall  be  made  supreme  in  foreign  commerce,  and 


430  JOHN  ADAMS— JOHN  JAY. 

shall  have  digested  a  plan  for  all  the  States.  But  if  any  of  the 
States  continue  to  refuse  their  assent,  I  hope  that  individual  States 
will  take  it  separately  upon  themselves,  and  confine  their  exports 
and  imports  wholly  to  ships  and  mariners  of  the  United  States,  or 
even  to  their  own  ships  and  mariners  of  the  United  States,  or,  which 
is  best  of  all,  to  the  ships  and  mariners  of  those  States  which  will 
adopt  the  same  regulations.  1  should  be  extremely  sorry,  however, 
that  there  ever  should  be  a  necessity  of  making  any  distinction 
between  the  ships  and  mariners  of  different  States.  It  would  be 
infinitely  better  to  have  all  American  ships  and  seamen  entitled  to 
equal  privileges  in  all  the  Thirteen  States.  But  their  privileges 
should  be  made  much  greater  than  those  of  foreign  ships  and 
seamen. 

With  great  respect,  &;c.,  JOHN  ADAMS. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  November  1,  1785. 

Dear  Sir, 

My  last  to  you  was  of  the  14th  ult.,  by  the  ship  Betsey,  Captain 
Thomas  Watson.  Since  that  time  I  have  had  the  pleasure  of 
receiving  and  laying  before  Congress  your  despatches  of  the  Gtii,  8th, 
and  10th  August  last. 

We  concur  so  perfectly  in  sentiment  respecting  public  affairs  and 
what  ought  to  be  done,  that  I  find  no  occasion  to  enlarge  on  those 
heads. 

In  a  late  report  I  have  called  the  attention  of  Congress  to  this 
serious  question,  viz:  whether  the  United  States  should  withdraw 
their  attention  from  the  ocean,  and  leave  foreigners  to  fetch  and 
carry  for  them,  or  whethtr  it  is  more  their  interest  to  look  forward  to 
naval  strength  and  maritime  imj)ortance,  and  to  take  and  persevere 
in  the  measure  proper  to  attain  it. 

The  diversity  of  opinion  on  this  point  renders  it  necessary  that  it 
should  be  well  considered  and  finally  decided.  The  eastern  and 
middle  States  arc  generally  for  the  latter  .system ;  and  though  the 
others  do  not  openly  avow  their  preferring  the  former,  yet  they  are 
evidently  inclined  to  it.  Ileiire  it  is  that  the  most  leading  men  in 
Congress  from  that  quarter  do  not  only  not  promot(^  measures  for 
vesting  Congress  with  power  to  regtilate  trade,  but,  as  the  common 
phrase  i.s,  throw  cold  water  on  all  such  ideas. 


DIPLOMATIC  CORRESPONDENCE.  431 

Having  few  or  no  ships  of  their  own,  they  are  averse  to  such 
duties  on  foreign  ones  as  will  greatly  advance  the  price  of  freight ; 
nor  do  they  seem  much  disposed  to  sacrifice  present  profits  for  the 
sake  of  their  neighbors  who  have  ships  and  wish  to  have  more. 

We  hear  much  of  the  Algerines  having  declared  war  against  the 
United  States.  None  of  our  advices  are  official ;  but  as  the  intelli- 
gence comes  directly  from  Nantes,  Bordeaux,  and  L'Orient,  there 
seems  to  be  much  reason  to  fear  that  it  is  true. 

The  public  papers  herewith  sent  will  inform  you  of  our  common 
occurrences ;  and  I  wish  it  was  in  my  power  to  tell  you  what 
Congress  mean  to  do  respecting  many  matters  on  which  they  are  to 
decide. 

The  representation  is  at  present  slender,  and  will,  I  suspect, 
continue  so  till  the  new  members  come  on. 

I  have  the  honor  to  be,  he,  JOHN  JAY. 

FROM   JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  November  1,  1785. 
Dear  Sir, 

I  have  the  honor  of  transmitting  to  you,  herewith  enclosed,  an 
act  of  Congress  of  the  13th  ultimo,  respecting  British  claims  and 
encroachments  on  our  eastern  boundaries,  and  instructing  and 
authorizing  you  to  take  proper  measures  for  amicably  settling  the 
disputes  thence  arising.  You  will  also  find,  herewith  enclosed,  the 
several  papers  and  documents  referred  to  in  the  act,  and  of  which  a 
list  is  hereto  subjoined. 

It  also  appears  to  me  expedient  to  send  you  copies  of  two  reports 
which  I  have  made  to  Congress  respecting  these  matters,  not  for 
your  direction,  but  that  you  may  thereby  be  fully  informed  of  my 
sentiments  on  this  interesting  subject. 

With  great  and  sincere  regard,  he,  JOHN  JAY. 


List  of  Papers  herewith  enclosed. 

No.  1.     Resolution  of  Congress,  13th  October,  1785. 

No.  2.     Copy  of  a  report  of  the  Secretary  for  Foreign  Affairs,  21st 

April,  1785. 
No.  3.     Copy  of  a  resolve  of  the  Legislature  of  Massachusetts,  6th 

and  7th  July,  1784. 


432  JOHN  ADAMS-JOHN  JAY. 

No.  4.  Copy  of  the  report  of  Generals  Lincoln  and  Knox,  19tli 
October,  1784. 

No.  5.  Copy  of  the  deposition  of  John  IMilchell,  9th  October, 
1784. 

No.  6.  Extract  of  a  letter  from  John  Adams,  Esquire,  to  Lieutenant 
Governor  Cushing,  25th  October,  1784. 

No.  7.  Copy  of  a  letter  from  Governor  Hancock  to  Governor  Parr, 
of  12th  November,  and  Governor  Parr's  answer,  of  7th 
December,  1784. 

No.  8.  Copy  of  a  letter  from  Rufus  Putnam,  Esquire,  to  the  com- 
mittee of  Massachusetts,  24th  December,  1784. 

No.  9.  Copy  of  the  deposition  of  Nathan  Jones,  of  17th  March, 
1785. 

No.  10.  Copy  of  a  letter  from  Governor  Carleton  to  Governor 
Hancock. 

No.  11.  Copy  of  a  report  of  the  Secretary  for  Foreign  Affairs,  22d 
September,  1785. 

No.  12.  Copy  of  a  letter  from  James  Avery,  Esquire,  to  the  Gov- 
ernor of  Massachusetts,  23d  August,  1785. 

No.  13.  Copy  of  an  act  of  the  Council  of  Massachusetts,  9th  Sep- 
tember, 1785. 

No.  14.  Copy  of  a  letter  from  the  Governor  of  INIassachusetts  to  the 
Governor  of  New  Bioinsw  ick,  9tli  September,  1785. 


FROM    THOMAS    CARLETON    TO    JOHN    HANCOCK. 

St.  Joliii's,  New  Brunswick,  June  21,  1785. 

Sir, 
In  consequence  of  a  letter  from  your  Kxcdh  iicy  to  the  Governor 
of  Nova  Scotia,  which  has  been  traiisMiitlcd  to  his  Majesty's  Ministers, 
respecting  the  boundary  b(!tween  this  province  and  the  State  of 
Massachusetts  liay,  1  have  it  in  cliarge  to  inform  your  Excellency 
that  the  great  St.  Croix,  called  the  Schoodic  by  the  Indians,  was 
not  only  considered  by  th»;  (.'omi  of  Great  Britain  as  the  river 
intended  and  agreed  upon  by  the  treaty  to  form  a  part  of  that 
Ijotiiidary,  but  a  nuuierous  body  of  the  loyal  refugees,  immediately 
after  the  ])eaf:e,  bulk  tlie  tf)\vn  of  St.  Anih'ews  on  the  eastern 
bank  i!iere(<f,  and  in  fact  it  is  the-  only  river  on  that  side  of  the 
provifice-  of  eiilu  r  such  n}agniludc  or  extent  as  could  have  led  to 


DIPLOMATIC  CORRESPONDENCE.  433 

the  idea  of  proposing  it  as  a  limit  between  two  large  and  spacious 
countries. 

Li  making  this  communication  concerning  a  point  of  great  public 
importance,  I  cannot  entertain  a  doubt,  sir,  of  your  Excellency's 
concurrence  with  me  in  contributing  to  the  complete  observance  of 
the  treaty  subsisting  between  Great  Britain  and  the  United  States  of 
America,  as  far  as  may,  in  any  instance,  immediately  respect  the 
State  of  Massachusetts  and  the  province  of  New  Brunswick ;  and  I 
hope,  and  am  persuaded,  that  if  any  further  question  on  this  subject 
should  arise  between  us,  it  will  be  considered  on  both  sides  with  a 
temper  and  attention  essential  for  the  preservation  of  national  peace 
and  harmony. 

I  have  the  honor  to  be,  he,  THOxMAS  CARLETON. 

To  his  Excellencv  Governor  Hancock. 


Extract  from  the  Secret  Journal  of  Foreign  Affairs,  October  13, 

1785. 

On  motion  of  the  Delegates  from  Massachusetts, 

Resolved,  That  copies  of  the  papers  and  documents  received 
from  the  Governor  of  the  State  of  Massachusetts,  respecting  the 
encroachment  made  by  certain  subjects  of  his  Britannic  Majesty 
upon  the  territories  of  that  State,  and  within  the  boundaries  of  the 
United  States,  be  transmitted  to  the  Minister  Plenipotentiary  of  the 
United  States  at  the  Court  of  London,  to  the  end  that  effectual 
measures  should  be  immediately  taken  to  settle  all  disputes  w^ith  the 
Crown  of  Great  Britain  relative  to  that  line. 

Resolved,  That  the  said  Minister  Plenipotentiary  be,  and  hereby 
is,  instructed  to  present  a  proper  representation  of  this  case ;  and  if 
an  adjustment,  consistent  with  the  true  meaning  of  the  definitive 
articles  of  peace  and  friendship  between  the  United  States  and  his 
Britannic  Majesty,  cannot,  by  such  representations,  be  obtained  in  the 
ordinary  mode  of  negotiations,  that  he  propose  a  settlement  and  final 
decision  of  the  said  dispute  by  commissaries  mutually  appointed  for  that 
purpose,  for  the  appointment  of  whom,  and  for  all  purposes  incident 
to  the  final  determination  of  the  said  dispute  by  commissaries, 
conformably  to  the  law  of  nations,  the  said  Minister  Plenipotentiary 
is  hereby  vested  with  full  powers  on  behalf  of  the  United  States  of 
America. 

Vol.  II.— 28 


434  JOHN  ADAMS— JOHN  JAY. 

Report  of  John  Jay  respecting  the  Eastern  Boundary  of  the  United 

States. 

Office  for  Foreign  Affairs,  Ajiril  21,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  the  papers,  herewith  enclosed, 
respecting  the  eastern  boundary  line  of  the  said  States,  reports: 

Tliat,  in  his  opinion,  effectual  measures  .should  be  immediately 
taken  to  settle  all  disputes  with  the  Crown  of  Great  Britain  relative 
to  that  line. 

He  thinks  that  copies  of  the  said  papers  should  be  transmitted  to 
the  jMinister  Plenipotentiary  of  the  United  States  at  that  Court,  with 
instructions  to  present  a  proper  representation  of  the  case,  and  to 
propose  that  commissioners  be  appointed  to  hear  and  finally  decide 
those  disputes. 

If  this  measure  should  appear  expedient  to  Congress,  your 
Secretary  would  suggest  the  following  hints  on  tlie  subject,  viz : 

That  the  number  of  commissioners  should  be  six,  or  eight,  or  ten, 
or  twelve,  at  the  election  of  his  Britannic  Majesty. 

That  two  commissions  of  the  like  tenor,  to  be  agreed  upon  between 
our  and  tlieir  Ministers,  be  issued  to  the  whole  number,  viz :  one  by 
tJic  United  States,  and  the  other  by  his  Britannic  Majesty. 

That  each  party  shall  name  the  one  half  of  the  whole  number. 

That  they  shall  all  be  foreigners,  or  all  be  persons  of  the  two  nations 
at  the  election  of  his  Britannic  Majesty,  it  is  not  important. 

If  he  should  prefer  having  them  of  the  two  nations,  then  tliat  he 
shall  nanit;  the  one  half  of  them,  being  inhabitants  of  any  of  his 
dominions,  except  those  which  are  situated  in,  and  to  the  west  and 
south  of,  die  gulf  of  St.  LawnMice,  and  that  the  United  States  shall 
name  the  other  half  from  any  of  their  countries  except  Massachusetts. 

That  the  commissioners,  if  of  the  two  countries,  shall  sit  in  North 
America,  but  if  foreigners,  in  Europe,  at  any  place  which  may  be 
agreed  upon  by  our  and  their  Ministers.  Tliat  previous  to  their 
proceeding  to  business,  they  shall,  respectively,  take  an  oath,  fairly, 
impartially,  and  justly,  without  fear,  favor,  or  affection,  to  hear  and 
decide  the  said  matters  in  difference,  according  to  the  best  of  their 
skill  and  understanding,  agreeably  to  the  directions,  true  intent,  and 
racaninrr  of  the  said  commissions. 


DIPLOMATIC  CORRESPONDENCE.  435 

That  in  case  of  the  death,  or  refusal  to  act  of  any  of  the  said 
commissioners,  previous  to  their  opening  and  proceeding  to  execute 
the  said  commission,  (but  not  afterwards,)  the  place  of  such  so  dying 
or  refusing  shall  be  supplied  by  the  party  who  named  him,  and  that 
a  certificate  thereof,  under  the  seal  of  Great  Britain,  or  of  the  United 
States,  as  the  case  may  be,  directed  to  the  said  commissioners,  by 
the  style  of  the  Commissioners  for  settling  the  boundary  line  between 
his  Britannic  IMajesty  and  the  United  States,  on  the  easterly  side  of 
the  latter,  shall  be  full  evidence  of  such  appointment. 

That  a  majority  of  the  whole  number  shall  be  a  quorum  for 
every  purpose  committed  to  them  expressly  or  necessarily  implied 
in  their  commissions,  such  as  choosing  their  chairman,  appointing 
secretaries  and  surveyors,  adjourning  from  day  to  day,  or  for  a  longer 
term,  which  should  not  exceed  ten  days,  deciding  on  matters  of 
evidence,  and  finally  determining  the  matters  in  difference,  Sic. 

That  they  keep  regular  minutes  of  their  proceeding ;  that  all 
evidence,  whether  oral  or  written,  be  entered  at  large  in  them  ;  that 
copies  of  all  maps  and  surveys  admitted  as  evidence  be  made  and 
kept  with  their  papers ;  that  their  chairman  for  the  time  being  shall 
have  power  to  administer  oaths ;  that  contempts  offered  to  the  board 
while  convened,  and  setting  on  the  business  of  the  commission,  shall 
be  punished  as  contempts  committed  in  a  court  of  justice ;  and  that 
a  certificate  by  the  chairman  of  such  contempt,  delivered  to  any 
civil  magistrate,  shall  make  it  the  duty  of  such  magistrate  to  appre- 
hend and  commit  the  offender  to  prison,  there  to  remain  until  thence 
delivered  in  due  course  of  law. 

That  both  parties  shall  have  free  access  to  the  public  offices  and 
records  of  the  other,  and  be  supplied  with  copies  or  exemplifications 
of  any  parts  thereof  on  paying  the  accustomed  fees. 

That  both  the  parties  shall  produce  to  the  board,  whatever  they 
may  have  to  offer  within  three  months  after  the  opening  of  the  said 
commission,  by  a  quorum  of  the  commissioners,  at  the  place  to  be 
appointed,  who  shall  sit  and  be  ready  to  do  business  during  the 
whole  of  that  term,  unless  the  parties  shall,  by  writing  under  the 
hands  of  their  agent  or  agents,  sooner  declare  that  they  have  nothing 
further  to  offer. 

That,  on  receiving  such  declarations  from  both  the  parties,  if 
within  the  said  three  months,  or  from  and  immediately  after  the 
expiration  of  that  term,  whichsoever  of  those  events  shall  first  happen, 
the  commissioners  shall,  within  two  days  thereafter,  deliver  their 


s 


436  JOHN  ADAMS-JOHN  JAY. 

judgment  In  writing,  under  tlieir  hands  and  seals,  or  to  the  hands  and 
seals  of  a  majority  of  them,  to  the  agcQts  of  both  parties,  viz:  one 
copy  for  each  party,  and  that  the  said  judgment  shall  be  absolute, 
final,  and  conclusive  between  the  said  parties. 

That,  on  having  given  judgment  as  aforesaid,  or  as  soon  as  may 
be,  within  two  months  thereafter,  they  shall  annex  transcripts  of  all 
their  minutes,  proceeding,  and  maps  or  surveys  abovementioned  to 
each  of  the  said  commissions,  and  under  their  hands  and  seals,  or 
the  hands  and  seals  of  a  majority  of  them,  shall  return  the  same ; 
the  one  issued  by  his  Britannic  Majesty  to  his  Britannic  Majesty, 
and  the  one  by  the  United  States  to  the  United  States  in  Congress 
assembled ;  and  that  the  delivery  of  the  same  to  their  respective 
agents  shall  be  deemed  and  adjudged  to  be  a  good  and  sufficient 
return.  Tiiat  the  allowance  to  be  made  the  said  commissioners  for 
service  and  expenses  be  fixed  by  our  and  their  Ministers,  and  each 
party  pay  the  one-half  thereof. 

That  it  be  expressly  stipulated  that  his  Britannic  Majesty  shall, 
within  six  months  after  the  day  on  which  the  judgment  shall  be 
delivered  to  the  agents  as  aforesaid,  cause  the  United  States  to  be 
put  in  full  possession  of  all  the  territories,  lands,  and  islands,  which, 
by  the  said  judgment,  may  be  adjudged  to  the  said  States,  and  then 
being  in  the  possession  of  his  INIajesty;  and,  on  the  other  hand,  that 
the  United  States  shall,  within  six  months  after  the  day  on  which  the 
judgment  shall  be  delivered  as  aforesaid,  cause  his  Britannic  Mijesty 
to  be  put  in  full  possession  of  all  the  territories,  lands,  and  islands 
which,  by  the  said  judgment,  may  be  adjudged  to  him  and  them, 
being  in  the  possession  of  the  United  States. 

All  which  is  humbly  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 

PAPERS    RKFERRKn    TO    IN    THE    AFOREGOING    REPORT,    iJlST 
APRIL,   17M5. 

Jlcsolvc  of  the  Legislature  of  (he  State  of  Massachusetts. 

(^^mmollw^•lllIll  iif  iMuRBachuBeltfi,  ^ 

In  till-  IIouHc  of  Ucjin'Hcnlaiivi'N,  July  fi,  1784-  ( 

Whereas,  the  United  Stales  in  Congress  assembled,  on  the  !^Oth 
day  of  January  last  past,  recommended  to  the  (Jovcrnor  of  this 
Coinrnotiwcailli  to  cause  incjuiry  to  be  made  whether  encroachments 
had  actually  been  made  on  the  territories  of  this  State  by  the  subjects 


DIPLOMATIC  CORRESPONDENCE.  437 

of  his  Britannic  Majesty,  from  the  government  of  Nova  Scotia ;  and 
it  appearing  that  great  encroachments  have  been  made  on  the  saip 
territories, 

Resolved,  That  three  gentlemen  be  appointed  by  the  General 
Court,  whose  duty  and  business  it  shall  be  to  repair  to  the  eastern 
part  of  this  State,  and  there  inform  themselves  what  encroachments 
have  been  made  by  his  said  Britannic  Majesty's  subjects  on  the 
territories  of  the  Commonwealth ;  and,  if  they  find  such  have  been 
made,  that  they  make  representation  thereof  to  the  Governor  of  Nova 
Scotia,  and  request  him,  in  a  friendly  manner,  and  as  a  proof  of  that 
disposition  for  peace  and  harmony  which  should  subsist  between 
neighboring  States,  to  recall  from  off  the  said  territory  the  said  troops 
of  his  Britannic  Majesty,  so  found  to  have  encroached  thereon ;  that 
they  receive  any  communication  which  may  be  made  by  the  said 
Governor  of  Nova  Scotia,  and  make  report  of  their  proceedings 
herein  to  the  General  Court. 

Resolved,  That  his  Excellency  the  Governor,  make  a  commission, 
under  the  seal  of  the  Commonwealth,  to  the  agents  to  be  appointed 
as  aforesaid,  to  transact  the  said  business,  and  transmit  to  the  said 
Governor  of  Nova  Scotia  a  copy  of  these  resolves. 

Resolved,  That  Benjamin  Lincoln,  Henry  Knox,  and  George 
Partridge,  Esqs.,  be  and  are  hereby  appointed  agents  for  the  business 
mentioned  in  the  foregoing  resolves. 

Sent  up  for  concurrence. 

SAMUEL  A.  OTIS,  SpeaTcer. 

In  Senate,  July  7,  1784. 
Read  and  concurred  in. 

SAMUEL  ADAMS,  President. 
Approved:  JOHN  HANCOCK. 

Aue'st''^^^*     \  '^^^^  AVERY,  Jr.,  Secretary. 

FROM  JOHN  HANCOCK  TO  JOHN  PARK. 

Referred  to  in  the  Report  of  21st  April,  1785. 

Boston,  November  12,  1784. 
Sir, 

I  have  the  honor  to  enclose  to  your  Excellency  a  resolution  and 

proclamation  of  Congress  respecting  the  boundary  line  at  the  eastern 


438  JOHN  ADAMS— JOHN  JAY. 

part  of  this  Commonwealth,  and  am  to  inform  you  that,  agreeably  to 
the  said  resolution,  an  inquiry  has  been  made  by  a  respectable 
committee  appointed  by  this  Government  for  that  purpose,  who  have 
reported,  that  upon  a  most  careful  examination  of  tlie  evidence 
respecting  the  ancient  boundary  between  Nova  Scotia  and  this  State, 
they  found  the  most  easterly  of  the  three  rivers,  which  empty  them- 
selves into  the  bay  of  Passamaquoddy,  to  be  the  ancient  line,  and 
now  the  boundary  established  by  the  said  treaty,  so  happily  concluded 
between  the  Crown  of  Great  Britain  and  these  States.  The  Com- 
mittee also  report,  that  the  subjects  of  his  Britannic  Majesty  have 
made  encroachments  upon  the  territory  of  this  Commonwealth,  a 
large  number  of  whom  are  now  possessing  themselves  of  lands  on  the 
western  side  of  the  said  river. 

The  Government  of  this  State,  sir,  is  no  less  desirous  than  the 
United  States,  in  Congress  assembled,  of  cultivating  that  peace  and 
harmony  which  I  hope  will  ever  subsist  between  the  citizens  of  the 
States  and  the  subjects  of  his  Majesty ;  wherefore,  in  pursuance  of 
the  resolution  of  Congress,  I  am  to  request  your  Excellency  will  be 
pleased  to  recall  from  off  the  said  territory  those  subjects  of  his 
Majesty  who  have  removed  themselves  from  his  dominions,  and 
planted  themselves  within  this  Commonwealth.  I  shall  be  always 
ready  to  give  immediate  attention  to  such  communications  as  your 
Excellency  shall  be  pleased  to  make  upon  this  or  any  other  subject. 

I  have  the  honor  to  be,  &:c.,  JOlIiN   HANCOCK. 

1  had  the  honor  of  a  verbal  message  from  jour  Excellency  by  Mr. 
Gregory  Townsend,  respecting  the  probate  papers  in  the  hands  of 
Mr.  Hutchinson,  at  Halifax,  that  they  were  packing  up,  and  would 
be  sent  by  the  first  opportunity.  I  have  since  received  no  tidings  of 
them.  I  take  the  liberty  to  recjuest  your  Excellency's  kind  interpo- 
sition that  they  may  be  forwarded  before  the  bad  season  comes  on  ; 
more  especially  as  they  are  papers  of  great  consequence,  and  are 
much  wanted. 


FROM    JOHN     I'ARn    TO    JOHN     HANCOCK. 

Halifax,  Derombor  7,  1784. 
Sir, 

I  had  the  iiorinr  of  yonr  letter,  rlated  the  1-Jih  IVovember,  enclosing 

a  ropy  of  a  resoluticjii  of  Congress  ii9lh  January  last,  witli  a  j)rocla- 

mation  dated   Mill  of  the  same  month,  all  which  I  have  forwarded 


DIPLOMATIC  CORRESPONDENCE.  439 

to  the  Governor  of  New  Brunswick,  within  whose  Government  are 
the  lands  in  dispute ;  and  I  have  transmitted  copies  of  them  to  Lord 
Sydney,  one  of  his  Majesty's  principal  Secretaries  of  State. 

I  have  the  honor  to  be,  he,  J.  PARR. 


Extract  of  a  Letter  from  his  Excellency  John  Adams  to  Lieutenant 
Governor  Gushing,  dated  Auteuil,  near  Paris,  October  25, 1784. 

In  writing  upon  the  subject  of  the  line  between  Massachusetts 
and  Nova  Scotia,  he  observed  as  follows : 

"  We  had  before  us,  through  the  whole  negotiation,  a  variety  of 
'  maps,  but  it  was  Mitchel's  map,  upon  which  were  marked  out  the 
<  whole  of  the  boundary  lines  of  the  United  States ;,  and  the  river  St. 
'  Croix,  which  we  fixed  on,  was  upon  that  map  the  nearest  river  to 
'  St.  John's ;  so  that  in  all  equity,  good  conscience,  and  honor,  the 
'  river  next  to  St.  John's  should  be  the  boundary. 

"  I  am  glad  the  General  Court  are  taking  early  measures,  and 
'hope  they  will  pursue  them  steadily,  until  the  point  is  settled, 
'  which  it  may  be  now,  amicably ;  if  neglected  long,  it  may  be  more 
'  difficult." 

Attest:  JOHN  AVERY,  Jr.,  Secretary. 


Deposition  of  Nathan  Jones. 

I,  Nathan  Jones,  of  Goldsborough,  in  the  county  of  Lincoln,  and 
Commonwealth  of  Massachusetts,  Esquire,  testify  and  say,  that  in 
the  year  seventeen  hundred  and  sixty-four  I  was  employed  by  Sir 
Francis  Bernard,  then  Governor  of  the  province  of  Massachusetts 
Bay,  as  commander  of  a  party  employed  to  explore  the  woods,  and 
view  the  rivers  and  bays,  particularly  that  of  Passamaquoddy,  in 
the  eastern  parts  of  the  said  province,  and  to  ascertain  the  river  St. 
Croix,  dividing  the  said  province  from  the  Government  of  Nova 
Scotia, 'and  to  perform  a  survey  thereof.  Accordingly  we  proceeded, 
and  assembled  upwards  of  forty  of  the  Indians  on  an  island  called 
Letete,  and  after  having  fully  and  freely  conversed  with  them  upon 
the  subject  of  our  mission,  the  chief  commissioned  three  Indians  to 
show  us  the  said  river  St.  Croix,  which  is  situated  nearly  six  miles 


440  JOHN  ADAMS— JOHN  JAY. 

north,  and  about  three  degrees  east  of  the  harbor  Letete,  and  east- 
north-east  of  the  bay  or  river  Schoodic,  and  distant  from  it  about  nine 
miles  upon  a  right  hne. 

The  aforesaid  three  Indians,  after  having  shown  us  the  said 
river,  and  being  duly  informed  of  the  nature  and  importance  of  an 
oath,  did  make  solemn  oath  to  the  truth  of  their  information 
respecting  the  identity  of  the  said  river  St.  Croix,  and  that  it  was 
the  river  known  amongst  them  by  that  name,  which  river  is  the 
eastern  river  in  the  bay  of  Passamaquoddy,  and  now  known  by 
the  name  of  the  jNIaggacadava.  We  proceeded  according  to  this 
information  in  our  surveys,  and,  agreeably  thereto,  in  August  fol- 
lowing, made  return  of  our  doings  to  the  said  Governor  Bernard. 

NATHAN  JONES. 

Suffolk,  ss  :  ^ 

Boston,  March  17,  1785.  5 

The  above  named  Nathan  Jones  personally  appeared,  and  on 
oath  declared  that  the  above,  by  him  subscribed,  is  true. 
Before  me, 

EZEKIEL  PRICE,  Justice  of  the  Peace. 

True  copy.  ) 
Attest:      r    ^^^^  AVERY,  Jr.,  ^ecrcrary. 


Deposition  of  John  Mitchel. 

I,  the  subscriber,  an  inhabitant  of  Chester,  in  the  State  of  New 
Hampshire,  voluntarily  make  the  following  declaration,  to  wit: 

That  I  was  employed  by  his  Excellency  Francis  Bernard,  Esquire, 
Governor  of  the  province  of  Massachusetts  Bay,  in  April,  1764,  as 
a  surveyor,  in  company  with  Mr.  Israel  Jones,  as  my  deputy,  Mr, 
Nathan  Jones,  as  commanding  oflicer  of  a  party  of  troops,  and 
Captain  Fletcher,  as  Indian  interpreter,  to  repair  to  the  bay  of 
Passamaquoddy,  to  assemble  the  Indians  usually  residing  there,  and 
from  them  to  ascertain  the  river  known  ijy  the  name  of  the  St.  Croix. 

Wc  accordingly  assembled  upwards  of  forty  of  the  principaPIndians 
upon  an  island,  then  called  LWlcn-cJ,  in  the  said  bay  of  Passama- 
quoddy. 

After  having  fully  and  freely  conversed  with  them  upon  the 
subject  of  our  mission,  the  chief  conunissioned  three  Indians  to  shew 


DIPLOMATIC  CORRESPONDENCE.  441 

US  the  said  liver  St.  Croix,  which  is  situated  nearly  six  miles  north 
and  about  three  degrees  east  of  harbor  La  Tete,  and  east-north-east 
of  the  bay  or  river  Schoodic,  and  distant  from  it  about  nine  miles  upon 
a  right  line.  The  aforesaid  three  Indians,  after  having  shewn  us  the 
river,  and  being  duly  informed  of  the  nature  and  importance  of  an 
oath,  did,  in  a  solemn  manner,  depose  to  the  truth  of  their  informa- 
tion respecting  the  identity  of  the  said  river  St.  Croix,  and  that  it 
was  the  ancient  and  only  river  known  amongst  them  by  that  name. 
We  proceeded,  conformably  to  this  information,  in  our  surveys,  and, 
in  August  following,  I  deliverd  to  Governor  Bernard  three  plans  of 
the  said  river  St.  Croix  and  the  said  bay  of  Passamaquoddy. 

JOHN  IMITCHEL,  Surveyor. 

Suffolk,  ss  : 
Boston,  October  9,  1784. 

The  above  named  John   Mitchel   personally  appeared,   and  on 
solemn  oath  declared  that  the  above,  by  him  subscribed,  is  true. 
Before  me,  • 

EZEKIEL  PRICE,  Justice  of  the  Peace. 

True  copy.  ■> 
Attest       C  ^^^^  AVERY,  Jr.,  Secretary. 


FKOM   RUFUS    PUTNAM    TO    THE    COMMITTEE    OF    MASSACHUSETTS. 

Rutland,  December  27,  1784. 

Gentlemen, 
As  the  plan  I  furnished  you  on  my  return  from  the  eastern  country 
was  much  more  extensive  than  what  was  barely  necessary  for  the 
delineation  of  the  lands  which  I  surveyed  for  Government,  compre- 
hending so  much  of  the  Passamaquoddy  country  as  I  thought 
sufficient  to  give  a  pretty  clear  idea  of  the  grounds  in  dispute  between 
this  Commonwealth  and  Nova  Scotia,  respecting  our  eastern  bound- 
ary, if  it  is  not  my  duty  as  a  servant  of  the  public,  I  ask  their 
indulgence  as  a  citizen,  to  mention  several  matters  by  way  of 
infomiation  and  explanation  of  my  plan,  and  also  to  make  a  few 
observations  on  the  respective  claims  of  the  two  nations  in  that 
quarter. 


442  JOHN  ADAMS-JOHN  JAY. 

From  Mr.  Jones,  wlio  is  the  principal  surveyor  employed  by  the 
British  in  that  quarter  since  the  peace  took  place,  I  learned  that  they 
consider  the  Schoodic  as  the  St.  Croix  intended  in  the  treaty ;  that 
they  fix  the  mouth  of  that  river  at  the  Devil's  Head,  which  you  will 
see  marked  in  township  No.  V.  in  my  plan ;  and  the  bays  of 
Schoodic,  St.  Andrews,  Cobbes  Cook,  he,  &ic.,  formerly  compre- 
hended under  the  general  name  of  Passamaquoddy,  they  consider  as 
arms  of  the  sea  or  parts  of  the  bay  of  Fundy.  Here,  then,  say 
they,  (that  is  at  the  Devil's  Head,)  the  following  description  in  the 
treaty  begins,  viz:  bounded  cast  by  a  line  to  be  drawn  along  the 
middle  of  the  river  St.  Croix  from  its  mouth,  in  the  bay  of  Fundy, 
to  its  source;  again,  a  line  drawn  from  the  mouth  of  St.  Croix,  at 
Devil's  Head,  to  the  mouth  of  St.  Mary's  river,  between  Georgia 
and  East  Florida,  they  consider  as  a  boundary,  to  the  eastward  of 
which  we  have  no  claim  on  the  mainland,  among  the  islands,  nor 
yet  to  the  islands  westward  of  such  a  line,  except  they  lie  within 
twenty  leagues  of  the  sea-coast  or  mainland,  and  have  not  been 
granted  by  the  Government  of  Nova  Sco^a. 

Again,  in  consequence  of  their  claiming  the  Schoodic  river  for  the 
St.  Croix,  all  the  lands  to  the  eastward  of  it  as  high  as  the  first  fulls 
above  Mill  Island,  (marked  in  my  plan,)  are  surveyed  and  granted 
to  the  refugees  and  others,  after  a  judgment  of  escheat  being  passed 
on  them ;  for  they  were  formerly  granted  to  others,  as  may  be  seen 
in  the  copy  of  the  Halifax  plan. 

A  straight  line,  says  Mr.  Jones,  drawn  from  the  Devil's  Head  to 
the  mouth  of  St.  Mary's  river,  as  abovcmentioned,  will  fall  on  the 
sea-coast  or  north  shore  of  the  bay  of  Fundy,  about  the  mouth  of 
Little  Machias  river.  The  direction  of  this  line  across  my  plan  is 
marked  on  the  southern  edge  of  it ;  and  in  consequence  of  their 
claiming  such  a  line,  not  only  all  the  islands  in  the  bay  of  Passama- 
quoddy, whether  granted  before  the  peace  or  since,  they  claim  as 
theirs  ;  btit  the  Island  of  Grand  Mannana  has  been  granted  by  the 
Governor  of  Nova  Scotia  to  certain  proprietors,  and  on  the  same 
principle.  A  f(jw  days  before  I  left  the  country,  Mr.  Jones  began 
the  survey  of  Soward's  Neck. 

Their  settlements  keep  pretty  equal  pace  with  their  surveys ;  the 
Island  of  Grand  Mannana  has  several  settlers  on  it  already,  as  well 
as  a  number  of  smaller  islands  in  the  eastern  part  of  Passamaquoddy 
bay.     The  town  of  St.  Andrews  has  between  two  and  three  hundred 


DIPLOMATIC  CORRESPONDENCE.  443 

houses,  and  a  town  at  present  called  Schoodic,  near  the  head  of 
navigation,  has  near  one  hundred  houses ;  besides  which  there  is  a 
township  at  the  head  of  Oak  bay  granted  to  a  company  of  associates, 
at  the  head  of  which  is  a  Mr.  Norwood,  from  Cape  Ann.  Another 
township  west  of  this  is  surveyed  for  a  company  from  Connecticut ; 
and  these  companies  obtain  the  same  supplies  of  provisions  as  the 
refugees  do. 

The  reason  why  they  have  made  no  surveys  on  the  main  land 
between  the  Devil's  Head  and  Pleasant  Point,  or  on  Moose  Island, 
I  presume,  is  because  they  consider  those  lands  as  the  property  of 
Sir  Francis  Bernard  and  his  associates,  and  that  no  judgment  of 
escheat  respecting  them  has  yet  taken  place. 

Upon  the  supposition  that  the  Maggacadava  river  or  Eastern  St. 
Croix,  from  the  falls,  makes  a  north  course  up  to  its  source,  and  the 
river  Schoodic  does  the  same,  from  the  upper  pond  marked  in  my 
plan,  then  the  tract  of  land  between  the  two  rivers  in  dispute  will 
be  in  extent,  east  and  west,  nearly  thirty-six  miles,  and  by  a  London 
map,  published  immediately  after  the  peace,  at  least  one  hundred 
and  twenty  miles  north  and  south ;  so  that  the  two  rivers,  in  all 
probability,  make  a  difference  of  one  hundred  and  twenty  townships, 
of  six  miles  square,  within  which  there  is,  no  doubt,  a  great  quantity 
of  good  lands. 

Again,  to  draw  a  line,  as  they  propose,  from  the  Devil's  Head, 
will  cut  off  a  quantity  of  land  equal  to  four  or  five  townships  of  six 
miles  square,  besides  the  Island  of  Great  Mannana,  and  the  small 
islands  on  the  southern  side  of  it,  which  are  equal  to  three  or  four 
such  townships,  together  with  Moose  Island,  and  some  others,  whose 
quantities  are  marked  in  my  plan  or  report ;  but  besides  the  value  of 
the  lands  cut  off  by  this  proposed  line,  it  is  well  to  consider  that 
the  remainder  of  the  lands  bordering  on  the  Schoodic  and  Cobbes 
Cook  rivers,  will  be  of  little  value  to  their  owners,  if  they  have  no 
communication  with  the  sea  but  what  depends  on  the  courtesy  of 
their  British  neighbors. 

The  bay  of  Passamaquoddy,  at  present,  affords  great  plenty  of 
fish,  but  if  we  are  to  possess  no  islands  in  that  bay  for  curing  them, 
it  must  prove  very  injurious  to  the  subjects  of  America  who  are,  or 
may  be,  employed  in  taking  fish  in  that  quarter.  The  Island  of 
Grand  Mannana  has  a  good  harbor  towards  the  southeast  part  of  it, 
and  its  southern  shore  is  lined  with  a  number  of  small  islands,  among 


444  JOHN  ADAMS-JOHN  JAY. 

which,  and  in  the  vicinity  of  them,  great  plenty  of  fish  are  taken, 
and  the  quahty  of  the  lands  in  Great  Mannana  and  some  of  those 
smaller  islands,  it  is  said,  is  not  inferior  to  those  in  the  bay  of  Passa- 
maquoddy  ;  so  that,  in  respect  of  both  farming  and  fishing,  these 
islands  are  of  no  small  consequence. 

But  where  the  gentlemen  of  Nova  Scotia  have  got  the  idea  that 
the  United  States  are  bounded  by  a  line  drawn  through  the  Atlantic 
ocean  from  the  mouth  of  St.  Mary's  river  to  the  mouth  of  the  St. 
Croix,  is  hard  to  conceive;  for  my  own  part,  I  cannot  find  a  single 
hint  of  such  a  boundary'  in  all  the  treaty ;  yet,  as  absurd  as  this  idea 
appears  to  be,  not  only  Mr.  Jones  and  other  refugees  are  fallen  into 
the  mistake,  but  Governor  Parr  must  have  done  so  too,  otherwise  he 
would  not  have  patented  the  Island  of  Grand  Mannana,  for,  as  Mr. 
Jones  told  me,  it  never  had  been  granted  before,  it  cannot  now 
possibly  belong  to  Nova  Scotia  on  any  other  principle  but  the 
establishment  of  such  a  line.  With  respect  to  the  islands,  the  words 
of  the  treaty  are  these :  "  Comprehending  all  islands  within  twenty 
'leagues  of  any  part  of  the  shores  of  the  United  States,  and  lying 
'between  lines  to  be  drawn  due  cast  from  the  points  where  the 
'  aforesaid  boundary  between  Nova  Scotia  on  the  one  part,  and  East 
*  Florida  on  the  otiier,  shall  respectively  touch  the  bay  of  Fundy 
*and  the  Atlantic  ocean,  excepting  such  islands,"  See.  Now, 
whenever  we  can  find  that  point,  viz :  the  middle  of  the  mouth  of  the 
St.  Croix  river,  in  the  bay  of  Fundy,  we  are  to  draw  a  line  due  east 
from  that  spot,  and  all  islands  lying  to  the  south  of  such  line,  (and  to 
the  northern  mouth,)  of  a  line  drawn  due  east  from  the  middle  of 
the  mouth  of  St.  Mary's  river,  and  within  twenty  leagues  of  the 
shore  or  main  land  of  the  United  States,  are  by  the  treaty  ceded  to 
them,  '•  except  such  islands  as  now  are,  or  hereafter  liavc  been, 
within  the  limits  of  said  province  of  Nova  Scotia." 

Now,  although  at  present  it  may  be  uncertain  where  to  fix  this 
point,  viz:  the  middle,  of  the  mouth  of  the  St.  Croix,  in  the  bay  of 
Fundy,  yet  if  we  attend  to  the  bearing  of  Grand  Maiinana  from  the 
west  passage,  as  marked  in  the  plan,  it  is  certain  that  if  you  fix  it  any 
where  about  the  bay  of  I*assama(|tio(ldy,  a  line  drawn  due  east  from 
thence  will  leave  the  whole  island  of  Grand  Mannana  to  the  south, 
and  this  island,  lying  within  much  less  than  twenty  leagues  of  the 
shore  or  main  land,  of  course  belongs  to  the  United  Slates;  ihenifore, 
Governor  Parr  could  never  grant  this  island  on  any  other  principle 


DIPLOMATIC  CORRESPONDENCE.  445 

but  the  one  1  have  mentioned.  The  survey  then  made  on  Soward's 
Neck  may  be  of  a  much  more  serious  nature  than  was  at  first 
apprehended.  If  the  Schoodic  be  the  St.  Croix  intended  in  the 
treaty,  I  agree  with  the  JVova  Scotia  gentlemen,  that  the  real  mouth 
of  that  river  is  at  the  Devil's  Head ;  but  I  by  no  means  admit  this 
to  be  the  mouth  intended  by  the  commissioners  who  formed  the 
treaty ;  for  to  draw  a  line  due  east  from  thence,  not  only  crosses 
over  a  tract  of  main  land  before  it  touches  the  bay  of  Fundy  proper, 
and  would  give  every  island  in  the  Passamaquoddy  to  the  United 
States,  but  also  all  the  islands  along  the  shore  to  the  eastward  of 
Passamaquoddy  for  several  leagues,  which  I  can  by  no  means 
suppose  to  be  intended ;  and  if  we  fix  this  point  in  the  real  mouth 
of  the  Maggacadava  or  Eastern  St.  Croix,  we  shall  be  involved  in 
the  same  difficulties  as  before.  So  that  which  ever  be  the  St.  Croix 
intended,  the  point  mentioned  in  the  treaty  must  be  in  some  other 
place  than  either  of  those  I  have  mentioned,  and'  the  most  probable 
opinion  I  have  been  able  to  form  of  the  matter  is,  that  the  commis- 
sioners considered  the  whole  bay  of  Passamaquoddy  as  the  mouth 
of  the  river  St.  Croix,  and  that  their  real  intention  was,  that  a  line 
beginning  in  the  middle  of  this  mouth  at  a  point  where  it  joins  the 
bay  of  Fundy,  that  is  on  a  line  drawn  from  the  west  to  the  east 
Cape  or  head  land  that  forms  the  bay  of  Passamaquoddy,  and  from 
thence  drawn  through  the  middle  of  this  bay  or  mouth,  and  along 
the  middle  of  the  St.  Croix  to  its  source,  &;c.,  h-c,  should  be  our 
eastern  boundary.  My  reasons  for  this  opinion  are  these :  from  this 
point  (wherever  it  is)  a  line  is  to  be  drawn  due  east  in  order  to 
determine  what  islands  belong  to  the  United  States,  and  what  not. 
Now,  to  draw  such  a  line  from  any  point  within  the  eastern  cape  or 
head  land  must  cross  over  a  tract  of  main  land  before  it  can  touch 
the  bay  of  Fundy  proper,  and  involve  us  in  all  these  difficulties 
respecting  the  islands  near  the  eastern  shore  beyond  Passamaquoddy, 
which  I  have  before  mentioned.  Again,  the  bay  of  Passamaquoddy 
is  not  mentioned  in  all  the  treaty,  although  noticed  in  Mitchel's  map, 
and  all  the  maps  of  that  country  in  the  American  atlas.  Wherefore 
the  commissioners,  I  conceive,  must  consider  it  as  a  part  of  the  bay 
of  Fundy,  or  as  the  mouth  of  the  St.  Croix.  We  have  already 
observed  the  absurdity  of  considering  it  as  a  part  of  the  bay  of 
Fundy,  and  fixing  the  mouth  of  the  St.  Croix  at  the  Devil's  Head, 
or  any  where  else  within   the  eastern    cape ;  therefore,  they  must 


446  JOHN  ADAMS-JOHN  JAY. 

consider  it  as  the  mouth  of  the  St.  Croix,  or  they  could  have  no 
respect  to  it  whatever.  But  if  we  carefully  inspect  Mitchel's  map, 
and  tliosc  in  the  American  atlas,  and  compare  these  drafts  with  the 
whole  description  of  our  eastern  boundary,  my  hypothesis  appears  to 
me  the  only  intelligible  and  consistent  one  that  can  take  place.  For 
instance,  if  we  consult  Mitchel's  map,  a  line  drawn  from  the  eastern 
and  western  capes,  and  bisected  in  the  middle,  strikes  me  as  the 
identical  point  intended  by  the  commissioners ;  from  hence  a  line 
drawn  due  east  escapes  the  eastern  cape,  and  determines  to  whom 
the  islands  belong,  in  a  rational  and  consistent  manner;  from  hence 
also  a  line  drawn  through  the  middle  of  the  bay  and  up  the  St. 
Croix,  will  make  a  pretty  equal  division  of  the  bay  of  Passama- 
quoddy  and  the  islands  therein,  which  it  is  natural  to  suppose  was 
intcmded ;  and  if  we  inspect  the  several  maps  in  the  American  atlas, 
the  same  ideas  naturally  arise,  and  upon  this  principle  most  if  not  all 
Campobello  and  a  great  part  of  Deer  Island  belongs  to  us,  for  the 
exceptions  are  respecting  those  islands  only  which  are  situated 
between  lines  drawn  due  east  from  certain  points  mentioned  in  the 
treaty. 

With  respect  to  the  river  intended  by  the  commissioners  as  the 
boundary  between  us  and  Nova  Scotia,  I  think  they  alone  must 
determine,  for  as  they  arc  entirely  silent  with  respect  to  any 
description  but  the  bare  name  of  St.  Croix,  and  as  the  Passama- 
quoddy  and  Magg^cadava  have  both  obtained  that  name,  I  think  it 
impossible  to  determine  which  is  the  river  intended  by  the  descrip- 
tion they  have  given  us.  It  may,  however,  be  well  to  observe  that 
the  river  Sciioodic,  or  a  river  by  the  name  of  Schoodic,  is  not  to  be 
found  on  JMitchel's  map,  the  American  atlas,  or  any  oilier  draft  that 
I  have  seen.  Mitchel,  at  the  head  of  St.  Croix,  has  a  lake  which 
he  calls  Koneaki.  Tliis  is  evidently  an  Indian  name,  but  is  not  the 
name  of  eiUier  of  the  lakes  or  ponds  on  the  Schoodic  that  I  have 
heard  of. 

Mr.  JcfTrs,  author  of  the  American  atlas,  in  one  of  his  maps, 
whicli  he  tells  us  is  a  new  one  made  from  various  surveys,  and 
corrected  from  divers  astronomical  observations,  has  given  us  two 
rivers  by  thf  name  of  St.  Croix.  The  eastern  one  he  has  rontcnded 
as  ihn  dividing  lin(r  Ix'tween  »is  and  Nova  Scotia,  and  is  undoubtedly 
the  Maggacadava ;  the  western  river  he  calls  Passamaquoddy  or  St. 
Croix. 


DIPLOMATIC  CORRESPONDENCE.  447 

V^ou  will  please  to  observe  that  in  my  plan,  just  above  the  last 
falls,  1  have  marked  the  mouth  of  a  river  coming  in  on  the  right  nearly 
as  large  as  the  Schoodic,  called  by  the  natives  Passamaquoddy. 
Now,  if  the  treaty  should  be  explained  to  intend  the  western  St. 
Croix,  yet  the  boundary  line  cannot  follow  the  river  now  known  by 
the  name  of  the  Schoodic  to  its  source,  but  must  be  confined  to  the 
Passamaquoddy,  or  eastern  branch  of  the  western  St.  Croix;  for 
with  what  propriety  they  should  claim  beyond  this,  and  follov/  the 
Schoodic  (a  river  not  known  in  any  map)  above  the  forks,  I  cannot 
conceive;  and  I  think  it  highly  probable  that  the  name  of  Schoodic 
was  by  the  natives  originally  confined  to  the  western  branch,  and 
that  the  name  of  Passamaquoddy  extended  from  the  forks  quite 
down  to  the  bay  of  the  same  name,  for  otherwise  there  is  no 
connexion  between  the  river  and  the  bay  which  bear  the  same  name, 
and  which  probably  were  derived  the  one  from  the  other,  which  is 
commonly  if  not  always  the  case. 

I  am,  gentlemen,  &ic.,  RUFUS  PUTNAM. 

To  Messrs.  Phillips,  Wells,  and  Dana,  Committee. 
"^TttS^^'      \   ^^^^  AVERY,  Jr.,  Secretary. 


FROM  GENERALS  LINCOLN  AND  KNOX  TO  THE  GOVERNOR  OF  MAS- 
SACHUSETTS. 

Boston,  October  19,  1784. 

Sir, 

In  obedience  to  your  Excellency's  commission,  bearing  date  July 
12th,  1784,  the  subscribers,  two  of  the  commissioners  named  therein, 
proceeded  the  latter  end  of  August  to  the  bay  of  Passamaquoddy, 
and  th^re  endeavored  to  inform  themselves  of  what  encroachments 
had  been  made  by  the  subjects  of  his  Britannic  Majesty  on  the 
territories  of  this  Commonwealth. 

They  beg  leave  to  inform  your  Excellency  that  a  very  consider- 
able number  of  British  subjects  are  settled  at  a  place  called  St. 
Andrews,  on  the  eastern  bank  of  the  river  Schoodic,  which,  in  the 
opinion  of  your  commissioners,  is  clearly  within  the  limits  of  this 
State. 

By  your  Excellency's  leave,  they  will  recite  a  short  state  of  facts 
on  which  this  opinion  was  formed. 


448  JOHN  ADAMS-JOHN  JAY. 

There  are  three  very  considerable  rivers  which  empty  themselves 
into  the  bay  of  Passamaquoddy,  which  is  from  five  to  seven  leagues 
wide.  The  eastern  river  falls  into  the  bay  about  a  league  from  the 
head  of  it,  and  perpendicular  to  the  eastern  side.  The  middle  river 
falls  into  the  bay  far  on  the  westerly  side  of  the  head  of  it.  and  in  a 
direction  parallel  therewith.  The  western  river  falls  into  the  bay 
about  six  leagues  from  the  head  of  it,  on  the  westerly  side,  and 
nearly  perpendicular  to  it,  all  of  which,  in  late  British  maps,  are 
called  St.  Croix.  The  first  is  by  the  Indians  called  Maggacadava, 
the  second  Schoodic,  and  the  third  Cobbes  Cook. 

From  every  information  the  subscribers  could  obtain,  on  an  inquiry 
of  the  Indians  and  others,  the  eastern  river  was  the  original  St. 
Croix.  This  is  about  three  leagues  east  of  St.  Andrews,  where  the 
British  inhabitants  have  made  a  settlement. 

Soon  after  the  subscribers  received  their  commissions,  they  wrote 
to  Mr.  Jay,  requesting  him  to  give  them  information  whether  the 
commissioners  for  negotiating  the  peace  confined  themselves  in 
tracing  the  boundaries  of  the  United  States  to  any  particular  map, 
and  if  any  one,  to  what.  Since  their  return  they  received  his 
answer,  mentioning  that  Mitchcl's  map  was  the  only  one  that  the 
commissioners  used,  and  on  that  they  traced  the  boundaries  agreed  to. 
This,  in  the  opinion  of  the  subscribers,  is  a  fact  which  must  facilitate 
an  equitable  decision  of  the  matter,  though  Mitchel's  map  is  not 
accurate,  at  least  in  the  description  of  the  eastern  part  of  this  State. 

He  has  described  but  two  instead  of  three  rivers  which  empty 
themselves  into  tlie  bay  of  Passamaquoddy.  The  eastern  of  those 
he  has  placed  at  the  head  of  the  bay,  near  the  centre  of  it,  and 
calls  it  St.  Croix.  The  western  river  he  has  called  by  the  name 
of  Passamaquoddy.  Hence  it  is  plain  that  though  the  map  is 
inaccurate,  yet  the  eastern  river,  which  empties  itself  into  the  bay, 
is,  in  the  opinion  of  Mitchel,  the  St.  Croix.  This  opinion  is  further 
supportf'd  by  the  deposition  of  Mr.  Mitchel,  accompanying  this 
report. 

The  subscribers  are  informed  that  the  Mr.  .lones  mentioned  in  the 
deposition  is  soon  expected  in  this  town,  wlio  will  depose  to  the 
same  facts.  Tim  subscribers  further  represont,  that  they  find  in  the 
maps  of  a  quarto  volume,  pul>lish<'d  in  Paris,  in  1771,  from  Charle- 
voie's  Voyages  to  North  America,  made  in  1694,  two  rivers  delineated 
at  the  head  of  the  bay  of  Passamaquoddy,  the  western  of  which  is 


DIPLOMATIC  CORRESPONDENCE.  449 

called  Passamaquoddy,  the  eastern  St.  Croix.  Although  the  mouth 
of  the  river  St.  Croix  is  but  little  more  than  three  leagues  east  of  the 
banks  of  the  Schoodic,  on  which  the  British  subjects  are  settled,  yet, 
from  the  different  courses  of  the  two  rivers,  the  source  of  the  western 
branch  of  the  Schoodic  is  neai'ly  an  hundred  miles  from  the  source  of 
the  St.  Croix.  , 

From  a  view  of  the  rapid  improvements  made  by  the  British 
subjects  on  the  banks  of  the  Shoodic,  the  subscribers  could  not  but 
suppose  that  the  idea  of  their  removal  would  always  embarrass  a 
settlement  of  the  line  agreeable  to  the  treaty  of  peace. 

They,  therefore,  have  thought  it  their  duty  to  suggest  the  propriety 
of  quieting  such  British  settlers  in  their  possessions  who  are  desirous 
of  becoming  inhabitants  of  the  United  States. 

That  the  General  Court  might  have  time  to  take  this  matter  into 
their  consideration,  they  have  deferred  writing  to  the  Governor  of 
Nova  Scotia,  though  they  could  not  have  done  this  until  within  a  few 
days  past,  from  the  necessary  delays  which  have  attended  the 
procuring  the  evidence  relative  to  the  ancient  St.  Croix. 

Want  of  health  prevented  the  attendance  of  Mr.  Partridge. 

We  have  the  honor  to  be,  &ic., 

B.  LINCOLN, 

H.  KNOX. 

True  copy.  :> 
Attest       C  -^^^^^  AVERY,  Jr.,  Secretary. 

By  desire  of  the  Secretary  of  State,  the  papers  recorded  herein 
from  page  55  [432]  to  page  76  [449],  inclusive,  were  this  day 
reexamined  by  me,  and  rendered  conformable  to  the  originals. 

GEO:  TAYLOR, 
Chief  Clerk  in  the  Department  of  State. 


Office  for  Foreign  Affairs,  September  22,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  were  referred  certain  official  papers  delivered  to 
Congress  by  the  Delegates  of  Massachusetts,  on  the  19th  instant, 
relative  to  attempts  of  the  province  of  New  Brunswick  to  extend 
their  jurisdiction  to  Moose  Island,  &;c.,  reports : 
That,  in  his  opinion,  the  advice  given  by  the  Council  to  his  Excel- 
lency the  Governor  of  Massachusetts,  on  the  9th  instant,  was  proper^ 
Vol.  II.— 29 


450  JOHN  ADAMS— JOHN  JAY. 

and  that,  as  one  unopposed  encroachment  always  paves  tlie  way 
for  another,  the  Commonwealth  of  Massachusetts  be  advised  by 
Congress,  without  noise  or  delay,  to  garrison  such  places  in  their 
actual  possession  as  may  be  most  exposed. 

Your  Secretary  proposes  by  these  garrisons  to  support  the  inhab- 
itants in  their  allegiance,  and  to  overawe  New  Brunswick  peace 
officers,  whom  impunity  might  tempt  to  be  insolent  and  troublesome. 
He  thinks  these  garrisons  should  not  be  so  large  as  to  give  alarm ; 
that  they  should  be  under  select  and  discreet  officers ;  that  they 
should  be  formed  by  immediate  detachments  from  the  militia  of  some 
of  the  other  counties,  be  at  Continental  charge,  and  be  as  soon  as 
may  be,  relieved  by  detachments  from  the  Continental  troops  raised 
or  to  be  raised  for  the  frontiers ;  that  they  should  be  ordered  never 
to  pass  our  limits,  and  to  act  only  on  the  defensive,  or  when  called 
upon  to  support  the  civil  authority.  However  delicate  this  measure 
may  appear,  it  may,  in  the  opinion  of  your  Secretary,  be  safely 
confided  to  the  prudence  of  the  Governor  and  Council  of  ]Massa- 
chusetts. 

Nothing  should  be  done  to  provoke  hostilities  on  the  one  hand ; 
and  on  the  other  it  must  be  remembered  that  too  great  and  manifest 
reluctance  to  assert  our  rights  by  arms  usually  invites  insult  and 
offence. 

Your  Secretary  is  very  apprehensive  that  to  pcnnit  these  disputes 
to  remain  unsettled  will  be  to  risk  mutual  acts  of  violence,  which 
may  embroil  the  two  nations  in  a  war.  He,  therefore,  takes  the 
liberty  of  calling  the  attention  of  Congress  to  a  report  he  had  the 
honor  of  making  to  Congress  on  this  subject  the  21st  April  last. 

Your  Secretary  thinks  that  no  nation  can,  consistent  with  the 
experience  of  all  ages,  expect  to  enjoy  peace  and  security  any  longer 
than  they  may  continue  prepared  for  war,  and  he  cannot  forbear 
(•xpn.'ssing  his  fears  that  the  United  States  are  not  at  present  in  that 
desirable  situation. 

As  the  eleventh  article  of  ihn  treaty  of  alliance  between  his  most 
Christian  Alajesty  and  the  United  States  contains  an  explicit  and 
perpetual  guarantee  of  all  the  possessions  of  the  latter,  your  Secretary 
thinks  it  would  be  advisable  to  apprise  the  Court  of  France  of  the 
di'^j)iites  in  question,  that  his  Majesty  may  roo|)erate  with  the  United 
States  in  me.isures  proper  to  bring  about  a  sctth;ment  of  them.  In 
his  opinion,  these  measures  should  be  formed  and  pursued  in  concert 


DIPLOMATIC  CORRESPONDENCE  45X 

with  France,  and  in  such  a  manner  as  that  she  may  have  no  just 
cause  to  be   dissatisfied,  or  to  say  that,  as  we  acted  without  her 
concurrence,  we  alone  are  to  be  responsible  for  the  consequences. 
All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


Official  Papers  on  which  the  preceding  Report  was  founded. 

JA.MES    AVERY,   TO    THE    GOVERNOR    OF    MASSACHUSETTS. 

Passamaquoddy,  August  23,  1785. 

Sir, 
Being  at  this  place  on  some  private  business  of  my  own,  I  was 
informed  that  the  Government  of  New  Brunswick  had  asserted  their 
claims  to  Moose  Island,  Dudley,  and  Fred  Isle,  all  lying  to  the 
westward  of  Schoodic  river.  These  islands  were  surveyed  last 
season  by  General  Putnam,  by  order  of  the  committee  on  eastern 
lands,  and  the  two  last  mentioned  sold  by  them  to  Colonel  Allen, 
who  has,  with  M.  de  la  Derniers,  settled  thereon,  built  houses  and 
stores,  and  cleared  up  the  lands  at  great  expense.  Moose  Island  is 
large,  and  well  situated  for  trade,  and  has  a  number  of  worthy 
inhabitants  settled  on  it.  A  few  days  ago  JMr.  Wyer,  high  sheriff 
for  Charlotte  county,  posted  up  an  advertisement  on  INIoose  Island, 
directing  the  inhabitants  to  attend  the  courts  at  St.  Andrews  as 
jurymen.  This  alarmed  the  inhabitants,  as  they  were  threatened, 
in  case  of  refusal,  to  be  deprived  of  their  estates.  Some  weak  and 
designing  minds  were  for  complying,  others  determined  not,  at  all 
events.  Application  was  made  to  me  by  Colonel  Allen,  the  naval 
ofScer,  Colonel  Crane,  INIajor  Trescott,  with  a  number  of  other 
principal  gentlemen,  to  do  something  to  counteract  the  proceedings 
of  Mr.  Wyer,  as  it  would  be  very  detrimental  to  the  claims  of  our 
Government,  in  settling  the  boundary  in  regard  to  the  islands,  for 
the  inhabitants  to  obey  and  acknowledge  the  jurisdiction  of  Great 
Britain — therefore,  I  went  on  to  the  island,  and  warned  them,  (as  a 
justice  of  the  peace,)  that  as  they  were  subjects  of  this  Common- 
wealth, not  to  obey  the  orders  of  any  other  power  whatever.  This 
I  conceived  it  to  be  my  duty  to  do,  more  particularly  as  it  is  part  of 
my  district  as  collector  of  excise,  and  I  have  a  deputy  on  the  same 
island.  This  matter  is  of  the  utmost  consequence  to  our  Govern- 
ment; for  should  the  British  take  in  these  islands,  we  should  be 
entirely  cut  off  from  going  up  the  river  Schoodic,  and  likewise 


45-2  JOHN  ADAMS— JOHN  JAY. 

these  islands  having  been  surveyed  by  order  of  the  Commonwealth, 
and  two  of  them  sold  to  gentlemen  who  had  laid  out  as  much  as 
£500  or  £600  in  buildings  and  improvements,  our  Government 
must,  in  honor,  protect  them,  or  repay  what  damages  they  may 
suffer.  Since  this  matter  has  taken  place,  I  was  up  to  St.  Andrews 
on  some  business  of  my  own,  and  had  a  long  convei'sation  with  jMr. 
Wyer,  the  high  sheriff,  Mr.  Pagan,  and  other  principal  persons. 
They  say  they  acted  by  advice  and  directions  of  Judge  Ludlow, 
who  is  of  opinion  that  all  the  islands  in  the  bay  of  Passamaquoddy 
belong  to  iVew  Brunswick,  and  are  determined  to  support  their 
claim,  and  should  the  inhabitants  refuse  to  obey  the  summons,  they 
may  depend  on  being  punished.  They  also  let  me  see  a  long  letter 
from  Lord  Sidney,  wherein  he  informs  that  notwithstanding  the 
opinion  of  the  Massachusetts,  and  the  report  of  Generals  Knox  and 
Lincoln,  (which  was  then  before  him,)  his  Majesty's  servants  were 
fully  clear  that  Schoodic  was  the  boundary,  and  his  Majesty's 
subjects  settled  between  that  and  the  jNIaggacadava  (or  what  we  call 
St.  Croix)  might  fully  rely  on  their  protection.  Mr.  Wyer  made  use 
of  many  arguments  to  show  the  propriety  of  their  claims  to  all  the 
islands ;  among  others,  he  said,  before  the  war  the  inhabitants  on  all 
of  them,  in  any  of  their  disputes,  applied  to  magistrates  belonging 
to  Nova  Scotia  for  redress,  and  acknowledged  themselves  subjects  of 
that  province,  and  the  ^Massachusetts  not  asserting  any  right  over 
them,  was  tacitly  acknowledging  it  to  be  so. 

I  hope  your  Excellency  will  not  think  I  have  been  too  forward. 
I  acted  from  a  principle  of  public  good.  Agreeably  to  the  principles 
they  advance,  (as  well  as  Lord  Shefiield's  ideas  in  his  j)ublications,) 
if  the  inhabitants  should  acknowledge  the  jurisdiction  of  that  Gov- 
ernment, it  would  more  fully  support  their  claims,  which  I  hope  will 
now  not  be  the  case.  Tlie  time  was  so  short,  it  would  not  admit  of 
the  inhabitants  receiving  any  orders  from  your  Excellency  on  the 
subject,  before  the  time  they  were  directed  to  attend.  1  shall 
continue  to  keep  a  deputy  collector  of  excise  on  Moose  Island,  to 
regulate  that  business,  until  I  receive  orders  from  your  Excellency  to 
the  contrary. 

I  have  the  honor  to  be,  &ic.,  JAMES  A\'EKY. 

His  Excellency  James  IJowdoin,  Esquire. 

True  copy  of  the  original  letter. 

Attest:  VV.  HAKHIS,  Dy.  Stcntarij. 


DIPLOMATIC  CORRESPONDENCE.  453 

Commonwealth  of  Massacliuselts,  ) 
In  Council,  September  9,  1785.     ) 

His  Excellency  the  Governor  laid  before  the  Council  a  letter 
from  James  Avery,  Esquire,  relative  to  the  Government  of  New 
Brunswick  asserting  their  claims  to  IMoose  Island,  Dudley,  and  Fred 
Island,  all  lying  to  the  westward  of  Schoodic  river,  and  requested 
their  advice  upon  the  subject. 

Thereupon,  advised  that  his  Excellency  the  Governor  acquaint 
James  Avery,  Esquire,  that  the  Governor  and  Council  highly  approve 
of  his  vigilant  attention  to  the  important  interests  of  the  Common- 
wealth ;  and  that  the  said  James  Avery  be  directed  to  inform  the 
inhabitants  of  the  said  islands  that  the  said  islands  are  within  the 
jurisdiction  of  this  Commonwealth ;  and  that  the  Government, 
confiding  in  their  fidelity,  expects  and  requires  the  inhabitants  of  the 
same  to  conduct  themselves  in  every  respect  as  becomes  true  and 
faithful  subjects  of  this  Commonwealth. 

That  a  letter  be  written  by  his  Excellency  the  Governor  to  the 
Governor  of  New  Brunswick  upon  the  subject  of  these  encroach- 
ments, and  that  a  copy  of  the  letter  from  James  Avery  be  sent  to 
our  Delegates  at  Congress,  with  the  proceedings  of  the  Governor 
and  Council  upon  this  business,  to  be  laid  before  Congress. 
True  copv.  ") 
Attest:      ^"^^-  HARRIS,  Dy.  Secretary, 


FROM   THE    GOVERNOR    OF    MASSACHUSETTS    TO    THE    GOVERNOR    OF 
NEW    BRUNSWICK. 

Commonwealth  of  Massachusetts,  ) 
Boston,  September  9,  1785.      ) 
Sir, 

I  am  informed  by  a  gentleman  who  is  an  inhabitant  in  the  eastern 

part  of  this  Commonwealth  that  the  Government  of  New  Brunswick 

hath  asserted  a  claim  to  Moose,  Dudley,  and  Fred  Islands ;  but  I 

flatter  myself  he  has  extended  his  ideas  beyond  the  real  fact,  for  he 

mentions  only  the  conduct  of  the  sheriff  of  your  county  of  Charlotte, 

(Mr.  Wyer,)  grounded  on  the  advice  and  direction  of  Judge  Ludlow, 

in  advertising  and  directing  the  inhabitants  of  Moose  Island  to  attend 

the  courts  at  St.  Andrews  as  jurymen,  upon  pain,  in  case  of  refusal, 

of  forfeiting  their  estates. 


454  JOHN  ADAMS— JOHN  JAY. 

As  I  atn  not  informed  that  your  Excellency  has  interposed  your 
authority,  I  am  inclined  to  believe  that  my  informant  had  been 
premature  in  forming  an  opinion,  that  the  Government  of  New 
Brunswick  had  given  its  sanction  to  a  measure  altogether  unexpected 
and  insupportable.  I  have,  however,  given  your  Excellency  this 
information,  assuring  myself  that  your  Excellency  will  take  order 
effectually  to  prevent  the  abovementioned,  and  every  other  encroach- 
ment, on  the  territorial  rights  and  sovereignty  of  this  Commonwealth 
and  of  the  United  States. 

With  regard  to  the  lands  lying  to  the  east  of  the  river  Schoodic 
and  between  that  and  the  river  St.  Croix,  or,  as  the  Indians  call  it, 
JNIaggacadava,  relative  to  which  some  of  the  subjects  of  Great 
Britain,  under  your  immediate  government,  appear  to  have  adopted 
an  improper  opinion,  it  is  a  matter  before  Congress,  who,  I  am 
assured,  will  give  instructions  to  their  Minister  at  the  Court  of 
London  to  assert  and  maintain  their  just  claims,  as  set  forth  in  the 
treaty  agreed  to  between  the  two  nations. 

I  have  the  honor  to  be,  See,  JAMES  BOWDOIN. 

His  Excellency  Thomas  Carleton,  Esquire. 

0 

FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  November  1,  1785. 
Dear  Sir, 

It  will,  I  am  persuaded,  give  you  pleasure  to  receive  the  enclosed 
act  of  Congress,  of  14th  ult.,  for  compensating  the  services  of  our 
friend  Dumas,  and  alleviating  the  uneasiness  and  anxiety  which 
seems  for  some  years  past  to  have  oppressed  him  on  tiiat  account. 

I  have  already  sent  liiin  a  copy  of  it ;  but  lest  that  may  n)iscarry, 
and  that  you  also  may  be  informed  of  it,  1  enclose  a  duplicate  copy. 

I  have  the  honor  to  be,  fiic,  JOHN  JAY. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

N<w  York,  November  2,  1785. 
Dear  Sir, 

Mr.  Houdon,  the  celebrated   statuary  of  Paris,  wiio  lias  taken  a 

bust  of  (ieiM-ral  Washington,  and  is  to  make  bis  statute  for  Virginia, 

and  jfcrhops  another  for  the  United  States,  is  the  bearer  of  this. 


DIPLOMATIC  CORRESPONDENCE.  455 

His  character  as  an  artist  being  high,  and  in  other  respects,  as  far 
as  I  can  learn,  unexceptionable,  I  take  the  liberty  of  introducing  him 
to  you.  Not  understanding  English,  he  will  be  much  a  stranger  in 
London,  and  your  friendly  offices  of  course  will  be  the  more  accept- 
able and  grateful  to  him. 

I  am,  dear  sir,  kc,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  August  25,  1785. 

Dear  Sir, 

Yesterday  I  had  a  long  conference  with  Mr.  Pitt  for  the  first 
time.  He  never  had  proposed  any  interview  with  me,  and  I  had 
delayed  to  request  him  to  appoint  any  time,  after  the  first  ceremonial 
visit,  for  two  reasons:  because  that,  while  Parliament  was  sitting,  his 
time  and  mind  were  so  engaged,  that  it  was  impossible  he  should 
attend  in  earnest  to  the  affairs  of  the  United  States ;  and  because  1 
expected  that  a  little  time  would  bring,  both  from  America  and 
Ireland,  intelligence  which  would  somewhat  lessen  that  confidence, 
with  which  the  jMinistry  and  the  nation  were  elated.  Such  intelli- 
gence has  now  arrived.  The  twenty  resolutions  have  been,  in  effect, 
given  up,  that  they  might  not  be  rejected  by  the  Irish  Parliament ; 
and  the  Massachusetts  act  of  navigation  has  appeared,  together  with 
advices  from  Virginia,  Philadelphia,  New  York,  and  various  other 
parts  of  the  United  States,  which  have  excited  a  serious  apprehension 
that  all  have  the  same  principles  and  views. 

I  shall  not  attempt  to  give  you  the  conversation  in  detail ;  yet  it 
is  necessary  to  give  some  particulars,  from  which  you  may  judge 
how  much  or  how  little  may  result  from  the  whole.  He  asked  me 
what  were  the  principal  points  to  be  discussed  between  us  ?  I 
answered,  that  I  presumed  the  Marquis  of  Caermarthen  had  laid 
before  the  King's  servant  some  papers,  which  I  had  done  myself  the 
honor  to  write  to  him.  He  said  he  had.  I  replied,  that  those  letters 
related  to  the  evacuation  of  the  posts  upon  the  frontier ;  to  the  con- 
struction of  the  armistice ;  and  to  a  treaty  of  commerce ;  and  that, 
besides  these,  there  were  the  negroes  earned  off  contrary  to  the 
treaty,  and  some  other  points,  which  I  had  particularly  explained  to 
Lord  Caermarthen.     He  said  that  the  carrying  off  the  negroes  was 


456  JOHN  ADAMS-JOHN  JAY. 

so  clearly  against  the  treaty,  that  they  must  take  measures  to  satisfy 
the  demand,  if  we  could  prove  how  many  were  carried  off.  I  told 
him  that  Sir  Guy  Carleton  could  easily  ascertain  the  number,  and 
that  Colonel  Smith,  who  negotiated  with  Sir  Guy,  could  do  the 
same,  and  that  I  had  the  evidence  of  their  proceedings  ready  to 
produce  whenever  it  was  wanted.  He  entered  then  into  the  subject 
of  the  armistice,  and  we  were  longer  on  this  point  than  we  needed  to 
have  been.  I  observed  to  him  that  Mr.  Blowers's  construction  was 
demonstrably  absurd,  because  it  would  place  the  whole  coast  of 
America  in  the  period  of  five  months.  The  coast  of  the  United 
States  certainly  was  not  between  the  Canary  Islands  and  the  equator 
and,  therefore,  could  not  be  included  in  the  period  of  two  months. 
It  is  neither  in  the  Channel  nor  Nordi  Seas,  and  therefore  cannot  be 
within  the  period  of  twelve  days ;  consequently,  if  it  is  not  in  the 
period  of  one  month,  it  must  be  in  that  of  five  months — an  idea  that 
never  could  have  been  entertained  a  moment  by  either  of  the 
contracting  parties.  Mr.  Pitt  said  he  thought  that  was  clear,  and 
that  this  point  might  be  easily  settled ;  but,  as  to  the  posts,  says  he, 
that  is  a  point,  connected  with  some  others,  that  I  think  must  be 
settled  at  the  same  time.  I  asked  him  what  those  points  were  ?  He 
said,  the  debts ;  several  of  the  States  had  interfered  against  the 
treaty,  and  by  acts  of  their  Legislatures  had  interposed  impediments 
io  the  recovery  of  debts,  against  which  there  were  great  complaints 
m  this  country.  I  replied  to  this,  that  I  had  explained  this  at  great 
length  to  the  Marquis  of  Caermarthen,  but  that  I  might  now  add, 
that  Congress  had,  very  early  after  the  peace,  proposed  an  explana- 
tion of  the  article,  as  far  as  it  respected  the  interest  of  debts  contracted 
before  the  war.  They  had  instructed  their  INIinisters  at  Paris  to 
propose  such  an  explanation  to  this  Court ;  that  we  had  proposed  it, 
through  I\Ir.  Hartley  first,  and  the  Dukcj  of  Dorset  al'terwards,  and 
that  1  had  renewed  the  proposition  to  my  Lord  Caermarthen,  upon 
my  first  conference  with  him,  but  that  we  had  never  received  any 
answer.  I  thought  it  was  best  ihcrc,  should  be  an  explanation  ;  for 
1  was  j)ersua(l<(|  iliat  an  American  jury  wouhl  never  give  any  interest 
fur  l\u:  time  which  run  dming  the  war.  Mr.  I'ill  sai<l  that  would 
surprise  the  people  here,  for  that  wars  never  interni|)te(i  the  interest 
nor  principal  of  debts  ;  and  tliat  he  did  not  see  a  difference  between 
this  war  and  any  other,  and  the  lawyers  here  nmdc  none.  I  begged 
his  pardon  lierc,  and  said,  that  the   American   lawyers  made  a  wide 


DIPLOMATIC  CORRESPOXDE^XE.  457 

difference.  They  contended  that  the  late  war  was  a  total  dissolution 
of  all  laws  and  Government,  and  consequently  of  all  contracts  made 
under  those  laws,  and  that  it  was  a  maxim  of  law,  that  a  personal  right 
or  obligation,  once  dissolved  or  suspended,  was  lost  forever;  that  the 
intervention  of  the  treaty,  and  the  new  laws,  were  necessary  for  the 
revival  of  those  ancient  rights  and  obligations ;  that  these  rights  were 
in  a  state  of  non-existence  durinir  the  war,  and  no  interest  durino- 
that  period  could  grow  out  of  them.  These  being  the  opinions  in 
America,  it  was  not  probable  that  any  jury  would  be  found,  from 
Georgia  to  New  Hampshire,  who  would  give,  by  their  verdict, 
interest  to  a  creditor,  and,  tlierefore,  it  was  most  fair  and  equitable 
that  an  explanation  should  be  made,  that  the  same  rule  of  law  might 
be  observed  on  both  sides.  This  observation  appeared  to  strike  him, 
he  said.  If  there  was  any  danger  of  this,  it  would  be  best  that  an 
explanation  should  be  made,  but  that  the  balance  of  debts  was  much 
in  favor  of  this  country ;  which  I  did  not  deny.  But,  he  said,  the 
Government  would  not  dare  to  make  it,  without  previously  feeling 
out  the  dispositions  of  the  persons  chiefly  interested,  and  knowing 
how  it  would  be  taken  by  them.  We  had  a  much  longer  conversa- 
tion concerning  these  debts,  and  the  difficulty  of  paying  them, 
arising  from  the  restrictions  on  our  trade,  in  which  I  repeated  to  him 
what  I  had  before  said  to  Lord  Caermarthen,  and  to  the  deputies  of 
the  Scotch  creditors ;  but  as  I  have  transmitted  that  to  you  before,  it 
is  unnecessary  to  repeat  it  here. 

He  then  began  upon  the  treaty  of  commerce,  and  asked  what  were 
the  lowest  terms  which  would  be  satisfactory  to  America ;  I  answered 
that  I  might  not  think  myself  competent  to  determine  that  question. 
Articles  might  be  proposed  to  me  that  I  should  not  think  myself 
qualified  to  decide  upon  without  writing  to  Congress ;  but  I  would 
venture  so  far  as  to  say  that  I  thought  the  project  I  had  commu- 
nicated to  Lord  Caermarthen  would  give  satisfaction  to  America, 
and  secure  the  friendship  of  the  United  States  and  the  essence  of 
their  trade  to  this  country.  But  that,  in  proportion  as  a  plan  less 
liberal  was  adopted,  that  friendship  would  be  precarious  and  that 
trade  would  be  scattered.  I  added,  that  the  most  judicious  men  in 
America  had  been  long  balancing  in  their  minds  the  advantages  and 
disadvantages  of  a  commerce  perfectly  free  on  one  side,  and  a  navi- 
gation act  on  the  other ;  that  the  present  time  was  a  critical  one ; 
the  late  intelligence  from  all  parts  of  America  concurred  with  the 


458  JOHN  ADAMS— JOHN  JAY. 

navigation  act  of  ^lassachusetts  in  proving  which  way  the  balance 
began  to  incline  ;  and  in  my  opinion  it  would  be  decided  by  the 
conduct  of  this  country.  It  was  now  in  his  (INIr.  Pitt's)  power  to 
decide  it ;  but  the  more  Americans  reflected  upon  the  great  advan- 
tages which  they  might  derive  from  a  navigation  act,  the  more  they 
would  become  attached  to  that  system.  I  had  heard  there  were  five 
hundred  foreign  ships  employed  the  last  year  in  the  commerce  of 
the  United  States.  How  easy  would  it  be  to  have  all  these  ships 
the  property  of  American  citizens,  and  the  navigators  of  them  Amer- 
ican seamen  ?  There  was  once  a  statute  in  England  (that  of  3 
Ric.  2,  c.  3)  "  that  none  of  the  King's  liege  people  should  ship  any 
merchandize  out  of,  or  into  the  realm,  but  only  in  ships  of  the  King's 
liegeance,  on  pain  of  forfeiture."  I  asked  him  what  physical  or 
political  impediment  there  was  to  prevent  the  United  States  from 
adopting  that  very  act,  in  all  its  rigor  ?  The  right  of  every  nation  to 
govern  its  own  commerce,  its  own  exports  and  imports,  would  not 
be  denied  nor  questioned  by  any  nation.  To  this  he  agreed.  Our 
ability  to  build  the  ships  and  our  abundance  of  materials  could  not 
be  doubted.  This  he  assented  to.  Nobody  would  pretend  that  our 
produce  would  not  find  a  market  in  Europe  in  our  ships,  or  that 
Europeans  would  not  sell  us  their  manufactures  to  carry  home  in 
tlicin.  Even  England,  if  she  should  make  ever  so  strict  laws  to 
prevent  exports  and  imjjorts  in  our  bottoms,  would  still  be  glad  to 
receive  and  consume  considerable  quantities  of  our  produce,  though 
she  imported  them  through  France  or  Holland,  and  to  send  as  many 
of  her  manufactures  as  we  could  pay  for  through  the  same  cliannels. 

He  more  than  smiled  assent  to  this,  for  he  added  that  there  were 
American  articles  of  much  importance  to  them,  but  he  said  that 
Englishmen  were  much  attached  to  their  navigation,  and  Americans 
too,  said  I,  to  tluiirs ;  but,  said  he,  the  United  States,  iiaving  now 
become  a  foreign  nation,  our  navigation  act  would  not  answer  its 
ends,  if  we  should  dispense  willi  it  to  you.  Here  I  begged  his 
j)ardon  again,  for  I  thought  their  navigation  act  would  conq)letely 
defeat  its  own  end  as  far  as  it  rivspecled  us  ;  for  the  end  of  the 
navigation  act,  as  expressed  in  its  own  preamble?,  was  to  confine  the 
commerce  of  thf;  colonies  to  the  mother  country  ;  but  now  we  were 
hcx^oiTHi  indfjpendent  States.  If  carried  into  execution  against  us, 
insteafl  of  confining  our  trade  to  Gnnit  Hrilain,  it  would  drivi;  it  to 
other  countries.     This  he  did  not  dijny  ;  but,  said  lie,  you  allow  we 


1 


DIPLOMATIC  CORRESPONDENCE.  459 

have  a  right.  Certainly  I  do.  And  you,  sir,  will  allow  we  have  a 
right  too.  Yes,  I  do.  But  you  cannot  blame  Englishmen  for  being 
attached  to  their  ships  and  seamen,  which  are  so  essential  to  them. 
Indeed  I  do  not,  sir;  nor  can  you  blame  Americans  for  being 
attached  to  theirs,  which  are  so  much  fewer  and  so  much  more 
essential  to  them.     No,  I  do  not  blame  them. 

As  this  was  a  very  sprightly  dialogue,  and  in  very  good  humor,  I 
thought  I  might  push  it  a  little.  I  will  be  very  frank  with  you,  sir, 
said  I,  and  I  think  it  will  be  best  for  us  to  go  to  the  bottom  of  these 
subjects.  The  Americans  think  that  their  exclusion  from  your  West 
India  Islands,  the  refusal  of  their  ships  and  oil,  and  other  things,  and 
their  exclusion  from  your  colonies  on  the  continent  and  Newfound- 
land, discovers  a  jealousy  of  their  little  naval  power,  and  a  fixed 
system  of  policy  to  prevent  the  growth  of  it,  and  this  is  an  idea  that 
they  cannot  bear.  No,  says  he,  if  we  endeavored  to  lessen  your 
shipping  and  seamen,  without  benefitting  or  increasing  our  own,  it 
would  be  hard  and  unreasonable,  and  would  be  a  just  ground  of 
uneasiness ;  but  when  we  only  aim  at  making  the  most  of  our  own 
means  and  nurseries,  you  cannot  justly  complain.  I  am  happy,  sir, 
to  hear  you  avow  this  principle,  and  agree  with  you  perfectly  in  it. 
Let  us  apply  it,  both  parties  having  the  right  and  the  power  to 
confine  their  exports  and  imports  to  their  own  ships  and  seamen.  If 
both  exercise  the  right,  and  exert  the  power  in  its  full  extent,  what 
is  the  effect  ?  The  commerce  must  cease  between  them.  Is  this 
eligible  for  either?  To  be  sure,  said  he,  we  should  well  consider 
the  advantages  and  the  disadvantages  in  such  a  case.  If  it  is  not 
found  to  be  eligible  for  either,  said  I,  after  having  well  considered 
what  remains,  but  that  we  should  agree  upon  a  liberal  plan,  and 
allow  equal  freedom  to  each  other's  ships  and  seamen,  especially  if 
it  should  be  found  that  this  alone  can  preserve  friendship  and  good 
humor,  for  I  fully  believe  that  this  plan  alone  can  ever  put  this 
nation  in  good  humor  with  America,  or  America  with  this  country. 
He  then  mentioned  ships  and  oils.  He  said  we  could  not  think  hard 
of  them  for  encouraging  their  own  shipwrights,  their  manufacturers  of 
ships,  and  their  own  whale  fishery.  I  answered,  by  no  means :  but 
it  appeared  unaccountable  to  the  people  of  America  that  this  country 
should  sacrifice  the  general  interest  of  the  nation  to  the  private  interest 
of  a  few  individuals  interested  in  the  manufacture  of  ships,  and  in 
the  whale  fishery,  so  far  as  to  refuse  these  remittances  from  America 


460  JOHN  ADAMS-JOHN  JAY. 

in  payment  of  debts,  and  in  payment  for  manufactures  which  would 
employ  so  many  more  people,  augment  the  revenue  so  considerably, 
as  well  as  the  national  wealth,  which  would,  even  in  other  ways,  so 
much  augment  the  shipping  and  seamen  of  the  nation.  It  was 
looked  upon  in  America  as  reconciling  themselves  to  a  diminution 
of  their  own  shipping  and  seamen,  in  a  great  degree,  for  the  sake  of 
diminishing  ours  in  a  small  one ;  besides  keeping  many  of  their 
manufacturers  out  of  employ,  who  would  otherwise  have  enough  to 
do ;  and  besides  greatly  diminishing  the  revenue,  and  consequently 
contrary  to  the  maxim  which  he  had  just  acknowledged,  that  one 
nation  should  not  hurt  itself  for  the  sake  of  hurting  another,  nor  take 
measures  to  deprive  another  of  any  advantage  without  benefitting 
itself. 

He  then  asked  if  we  could  grant  to  England,  by  a  treaty,  any 
advantages  which  would  not  immediately  become  the  right  of  France  ? 
1  answered,  we  could  not.  If  the  advantage  was  stipulated  to 
England,  without  a  compensation,  France  would  be  entitled  to  it 
without  compensation.  But  if  it  was  stipulated  for  an  equivalent  or 
reciprocal  privilege,  France  must  allow  us  the  same  equivalent  or 
reciprocal  privilege;  but,  I  added,  France  would  not  be  a  very 
successful  rival  to  Great  Britain  in  the  American  commerce,  upon 
so  free  a  footing  as  that  of  the  mutual  liberty  of  natural-born  subjects 
and  citizens.  Upon  the  footing  of  the  most  favored  nation,  France 
would  stand  a  good  chance  in  many  things.  In  case  of  mutual 
navigation  acts  between  Britain  and  America,  France  would  have 
more  of  our  commerce  than  Britain.  In  short,  Britain  would  lose 
and  France  gain,  not  only  in  our  commerce,  but  our  affections,  in 
proportion  as  Britain  departed  from  the  most  liberal  system.  Upon 
this  he  asked  a  question  which  J  did  not  cxix'ct.  What  (K)  you 
really  think,  sir,  that  Britain  ouglit  to  do?  Tliat  question,  sir,  may 
be  beyond  my  capacity  to  an.^wor,  and  my  answer  ujay  be  susp(>cted  ; 
but  if  It  H.  1  w  ill  answer  It  to  llic  best  of  my  judgment,  and  with 
perfect  sincerity.  I  think  this  country  ought  to  prescribe;  to  herself 
no  other  rule,  but  to  take  from  America  everything  she  can  send  as 
a  remittance ;  nay,  to  take  off  every  duty,  and  give  every  bounty 
that  should  be  necessary  to  enable  them  to  send  anything  as  a  remit- 
tance. In  this  case,  America  would  prescribe  to  herself  no  other 
ndc;  than  to  take;  of  British  produftions  as  murh  as  she  could  pay 
fur.      He  might  i!iink  this  no  jjroof  of  our  republican  frugality;  but 


DIPLOMATIC  CORRESPONDENCE.  461 

such  was  the  disposition  of  our  people,  and  how  much  soever  I  might 
lament  it,  I  would  not  disguise  it.  He  then  led  me  into  a  long 
rambling  conversation  about  our  whale  fishery,  and  the  English  whale 
fishery,  and  the  French  whale  fishery,  that  M.  de  Calonne  is  essaying 
to  introduce,  too  little  interesting  to  be  repeated ;  yet  I  should 
mention  that  he  asked  me  a  sudden  question :  whether  we  had  taken 
any  measures  to  find  a  market  for  our  oil  anywhere  but  in  France  ? 
This  question  must  have  been  suggested  to  him,  I  think,  either  by 
information  that  our  oil  is  wanted  in  some  countries  upon  the  Conti- 
nent, or  by  a  suspicion  that  we  have  been  trying  to  introduce  our  oil 
into  Ireland.  I  answered  that  I  believed  we  had ;  and  I  have  been 
told  that  some  of  our  oil  had  found  a  good  market  at  Bremen.  But 
there  could  not  be  a  doubt  that  spermaceti  oil  might  find  a  market  in 
most  of  the  great  cities  in  Europe,  which  were  illuminated  in  the 
night,  as  it  is  so  much  better  and  cheaper  than  the  vegetable  oil  that 
is  commonly  used.  The  fat  of  the  spermaceti  whale  gives  the 
clearest  and  most  beautiful  flaine  of  any  substance  that  is  known  in 
nature,  and  we  are  all  surprised  that  you  prefer  darkness,  and  conse- 
quent robberies,  burglaries,  and  murders  in  your  streets,  to  the 
receiving,  as  a  remittance,  our  spermaceti  oil.  The  lamps  around 
Grosvenor  Square,  I  know,  and  in  Downing  street,  I  suppose,  are 
dim  by  midnight,  and  extinguished  by  two  o'clock ;  whereas,  our  oil 
would  burn  bright  until  nine  o'clock  in  the  morning,  and  chase  away 
before  the  watchmen  all  the  villains,  and  save  you  the  trouble  and 
danger  of  introducing  a  new  police  into  the  city. 

He  said  he  owned  he  was  for  taking  advantage  of  the  present 
short  time  of  leisure  to  mature  some  plan  about  these  things.  I  told 
him  I  rejoiced  to  find  that  was  his  opinion,  and  that  I  would  be  at 
all  times  ready  to  attend  him,  or  any  other  Minister,  whenever  any 
explanation  should  be  wanted  from  me ;  that  I  was  anxious  for  an 
answer  concerning  the  posts,  as  I  was  in  duty  bound  to  insist  on  their 
evacuation.  He  said  he  thought  that  connected  with  several  other 
points,  and  should  be  for  settling  all  these  together,  so  that  he  must 
reserve  himself  at  entire  liberty  concerning  them. 

I  am  sorry  that,  in  representing  all  these  conversations,  I  am 
obliged  to  make  myself  the  principal  speaker ;  but  I  cannot  get  them 
to  talk.  The  reason  is,  they  dare  not ;  all  must  be  determined  in  the 
Cabinet,  and  no  single  Minister  chooses  to  commit  himself  by  giving 
any  opinion  which  may  be  ever  quoted  to  his  disadvantage  by  any  party. 


462  JOHN  ADAMS-JOHN  JAY. 

This  is  not  only  the  state  of  mind  of  every  Minister,  but  of  every 
Ministry.  They  have  an  unconquerable  reluctance  to  deciding  upon 
any  thing,  or  giving  any  answer;  and  although  Mr.  Pitt  and  Lord 
Caermarthen  have  hazarded  opinions  upon  same  points  to  me,  I  do 
not  believe  I  shall  get  any  answer,  officially,  from  the  Cabinet  or  the 
Minister  of  Foreign  Affairs.  I  wish  for  an  answer,  be  it  ever  so 
rough  or  unwise.  Mr.  Pitt,  I  confess,  was  much  more  open  than  I 
expected.  He  was  explicit  in  my  favor  relative  to  the  negroes,  the 
armistice,  and  for  digesting  the  whole  in  the  present  leisure,  and 
giving  me  an  answer.  I  should  rejoice  in  a  Cabinet  answer  to  all 
my  letters,  and  especially  in  a  counter-project  of  a  treaty ;  but  I  will 
be  so  free  as  to  say,  I  do  not  expect  any  answer  at  all  before  next 
spring;  nor  then,  unless  intelligence  should  an-ive  of  all  the  States 
adopting  the  navigation  act,  or  authorizing  Congress  to  do  it;  and, 
even  in  that  case,  I  am  inclined  to  think  they  will  try  the  experi- 
ment, and  let  our  navigation  acts  operate,  to  satisfy  tliemsclves  which 
people  will  first  roar  out  with  pain.  They  deceive  themselves  yet 
in  many  points,  which  I  may  enumerate  in  a  future  letter. 

From  what  Mr.  Pitt  said,  I  am  convinced  wc  shall  have  no 
answer  concerning  the  posts. 

With  great  respect,  &:c.,  JOHN  ADAMS. 

This  letter  will  be  delivered  to  you  by  Mr.  Charles  Storer,  your 
old  acquaintance,  who  has  served  me  much  as  a  private  secretary, 
and  that  without  fees. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 


Grosvcnor  Square,  Wfstmiiistcr,  August  28,  1785. 

Sir, 
I  do  myself  the  honor  to  enclose  to  Congress  the  statute  of  25 
Geo.  3,  c.  81,  fur  the  better  securing  the  duties  payable  on  tobacco, 
and  anothf-T  statute  of  the  25  Geo.  3,  c.  61,  to  prohibit  the  exporta- 
tion to  foreign  parts  of  tools  and  utensils  nindf  use  of  in  the  iron 
and  steel  manufactures  of  this  kingdom,  and  to  jjrevent  the  seducing 
of  artificers  or  worknuMi  miploycd  iji  those  manufactures  to  go  into 
parts   beyond   the  seas.     Tiie  prohibited   tools  are  all   enumerated, 


DIPLOMATIC  CORRESPONDENCE.  463 

hand  stamps,  dog-head  stamps,  pulley  stamps,  stamps  of  all  sorts, 
hammers  and  anvils  for  stamps,  screws  for  stamps,  iron  rods  for 
stamps,  presses  of  all  sorts,  in  iron,  steel,  or  other  metal,  which  are 
used  for  giving  impressions  to  metal,  or  any  parts  of  these  several 
articles,  presses  of  all  sorts,  called  cutting-out  presses,  beds  and 
punches  to  be  used  therewith,  piercing  presses  of  all  sorts,  beds  and 
punches  to  be  used  therewith,  either  in  parts  or  pieces,  or  fitted 
together,  iron  or  steel  dies  to  be  used  in  stamps  or  presses,  either 
with  or  without  impressions  on  them,  rollers  of  cast-iron,  wrought- 
iron,  or  steel,  for  rolling  off  metals,  and  frames  for  the  same,  flasks 
or  casting  moulds,  and  boards  used  therewith,  lathes  of  all  sorts  for 
turning,  burnishing,  polishing,  either  the  whole  together  or  separate 
parts  thereof,  lathe-strings,  polishing  brushes,  scouring  or  shading 
engines,  presses  for  horn  buttons,  dies  for  horn  buttons,  shears  for 
cutting  of  metal,  rolled  steel,  rolled  metal,  with  silver  thereon,  parts 
of  buttons  not  filled  up  into  buttons  or  in  an  unfinished  state,  engines 
for  chasing,  stocks  for  casting  buckles,  buttons,  and  rings,  cast-iron 
anvils  and  hammers  for  forging  mills  for  iron  and  copper,  rollers, 
slitters,  beds,  pillars,  and  firaraes  for  slitting  mills,  die-sinking  tools  of 
all  sorts,  engines  for  making  button  shanks,  laps  of  all  sorts,  drilling 
engines,  tools  for  pinching  off  glass,  engines  for  covering  of  whips, 
polishing  brushes,  bars  of  metal  covered  with  gold  or  silver,  iron  or 
steel  screw  plates,  pins  and  stocks  for  making  screws,  or  any  other 
tool  or  utensil  whatsoever. 

I  have  transcribed  this  catalogue  because  I  think  it  is  very  proper 
that  gentlemen  should  attend  a  little  to  it.  It  shews  the  spirit  of  this 
country  towards  the  United  States,  and  summarily  comprehends  a 
volume  of  politics  for  us.  I  suppose  these  tools  may  be  had  in 
France,  Germany,  and  elsewhere,  if  a  British  statute  was  a  bar  to 
our  getting  them  in  Great  Britain.  I  think  it  would  be  worth  while 
for  our  American  academies  to  make  collections  of  them  for  their 
museums.  Such  a  collection  would  be  a  great  curiosity,  and  more 
profitable  to  our  country  than  more  costly  collections  of  shells,  birds, 
beasts,  or  fishes.  If,  however,  such  a  collection  could  not  be  made, 
a  work  may  be  had  in  Paris,  entitled  "  Art  et  Metier"  in  which,  I 
suppose,  every  one  of  them  is  described  and  represented  by  an 
engraved  stamp,  from  which  our  workmen  may  copy  it. 

With  great  esteem,  kc,  JOHN  ADAMS. 


464  JOHN  ADAMS— JOHX  JAY. 

FHOM  JOHN  ADAMS  TO  JOHX  JAY. 

Grosvenor  Square,  Westminster,  August  29,  1785. 
Sir, 

The  United  States  began  their  career  upon  the  most  liberal 
system  of  commerce.  France  met  them  with  a  Hberal  system  too, 
or  rather  with  an  artful  appearance  of  it.  Her  practice  during  the 
war  was  more  liberal  than  the  treaty.  Since  the  peace  she  has 
contracted  it  a  little,  as  she  had  a  right  to  do,  by  excluding  some  of 
our  produce  and  some  of  our  ships  from  her  West  India  Islands; 
and,  indeed,  the  freedoms  that  the  most  favored  nation  enjoys  in  her 
ports  in  Europe,  are  by  no  means  so  ample  as  those  which  we  have 
allowed  to  her  in  the  ports  of  the  United  States.  The  words 
monopoly,  prohibition,  exclusion,  and  navigation  acts,  have  acquired 
in  the  world  a  kind  of  piiilosophical  unpopularity ;  but  whether  the 
things  signified  by  them  will  be  abolished  so  soon  as  some  speculators 
imagine,  may  be  doubted.  If  there  is  any  people  upon  earth  who 
have  a  right  to  insist  upon  the  abolition  of  them  in  their  own  com- 
merce, they  are  the  Americans ;  but  we  have  seen  the  reluctance 
of  France,  and  especially  of  England,  to  give  them  up ;  a  strong 
disposition  has  appeared  to  make  a  greater  advantage  of  their 
monopolies  by  our  liberality. 

A  short  sketch  of  the  commercial  conflict  between  France  and 
England,  during  the  reigns  of  the  Stuarts,  may  serve  to  show  the 
effects  of  prohibitions,  and  the  probability  that  England  \\\\\  not 
easily  renounce  them.  It  will  shew  also  the  probable  effects  of  their 
policy  towards  us,  if  we  should  not  counteract  it  by  reciprocal 
restrictions. 

The  house  of  Stuart,  and  the  principal  leaders  in  their  Parlia- 
ments, were  pensioners  of  France,  and  so  attentive  to  l)er  interests, 
that  she  obtained  the  supply  of  England,  Scotland,  and  Ireland,  with 
the  manufactures  of  linens,  silks,  paper,  wines,  and  brandies,  to  the 
amount  of  one  million  six  hundred  and  fifty  thousand  poiuids  yearly, 
while  she  took  from  England,  in  return,  only  two  himdred  thousand 
pounds  value  yearly,  of  lead,  tin,  leather,  alum,  copperas,  coals,  horn 
j)late*J,  &cr.,  and  iihintalion  goods,  which  left  a  balance  of  one  million 
four  hundred  and  fifty  thousand  pounds  to  be  yearly  paiil  to  France 
in  money;  she  possessed  as  great  advantages  with  Inland  and 
Scotland,  in  proportion  to  their  trade. 


DIPLOMATIC  CORRESPONDENCE.  465 

This  disproportion  was  owing  to  the  protecting  duties  that  Enghsh 
woolen  goods  were  subject  to  in  France,  from  twenty-four  to  forty 
per  cent,  on  their  value;  by  the  tariff  renewed  in  1654,  and  by 
another  tariff  in  1699,  they  were  raised  from  thirty-six  up  to  fifty -five 
per  cent,  on  their  value;  and  Spanish  cloth,  made  in  England,  was 
prohibited  by  the  edict  of  1701 ;  and  in  the  mean  time  French  silks 
were  only  subject  to  a  duty  of  thirteen  up  to  twenty-three  per  cent, 
on  the  value  imported  into  the  British  dominions ;  and  linens  about 
seven  up  to  fifteen  per  cent,  on  their  value ;  whereby  their  manu- 
factures and  produce,  imported  into  England  alone,  yearly  stood 
thus  about  the  year  1664,  and  up  to  1678,  viz: 

French  linens £600,000 

Manufactured  silks 500,000 

Wines 450,000 

Brandies 70,000 

Paper 30,000 

Total ; £  1,650,000 

They  also  imported  into  England  gold  and  silver  lace,  and  many 
other  articles  of  luxury  not  here  enumerated.  This  exhausting  drain 
excited  murmurs,  and  aroused  the  landed  interest  to  unite  with  the 
trading  interest  in  1678,  in  passing  an  act  prohibiting  the  French 
trade,  in  opposition  to  the  Court  interest.  In  the  preamble  of  the 
act,  they  say  "  that  the  importation  of  the  product  and  manufactures 
'of  France  had  exhausted  the  treasury  of  the  nation,  lessened  the 
'value  of  native  manufactures,  and  caused  great  detriment  to  the 
'kingdom  in  general." 

The  advance  of  woolen  manufactures  for  home  consumption  and 
exportation,  in  consequence  of  the  prohibition  of  the  French  trade  in 
1678,  raised  the  price  of  wool,  and  all  dying  stuffs  dependent  on 
it,  from  forty  to  fifty  per  cent.,  and  gave  such  general  employment  to 
people,  and  such  a  rise  to  land,  as  was  scarcely  conceivable  in  the 
space  of  two  or  three  years.  This  happy  change  in  the  circum- 
stances of  England  was  but  of  short  duration ;  for  on  James  the 
Second's  accession  to  the  throne  in  1684  he  called  a  new  Parliament, 
who,  in  compliance  with  his  wishes  and  to  gratify  his  allies,  the 
French,  repealed  the  prohibitory  act  of  1678.  The  Parliament  of 
England,  however,  to  soothe  and  temporize  with  the  people,  when 
they  had  restored  the  French  trade,  resolved  that  all  persons  should 
Vol.  IL— 30 


466  JOHN  ADAMS-JOHN  JAY. 

wear  the  woolen  manufactures  of  England  six  months  in  the  year ; 
but  the  French,  notwithstanding  this  parliamentary  non-importation 
resolution,  poured  into  England  upwards  of  four  millions'  value  of 
their  manufactures,  and  put  a  general  stop  to  all  the  English  manu- 
factures, and,  with  them,  to  the  payment  of  rents.  The  scene  that 
followed  will  be  a  warning  to  Ministers.  Before  three  years  expired 
from  the  repeal  of  the  law  prohibiting  the  French  trade,  England 
was  roused  from  her  lethargy,  banished  forever  the  promoters  of 
such  measures,  and  called  in  and  crowned  the  Prince  of  Orange. 
One  of  the  first  acts  of  King  William's  first  Parliament  was  to  pro- 
hibit the  French  trade,  "  as  a  nuisance  to  the  kingdom ;"  and  at  that 
day,  on  stating  the  trade  between  England  and  France,  it  appears 
that  England  gained  by  the  prohibition  of  the  French  trade  no  less 
than  £1,450,000  yearly. 

At  the  treaty  of  Utrecht  the  French,  with  the  assistance  of  the 
Administration  of  the  last  years  of  Queen  Anne's  reign,  attempted  to 
have  their  trade  with  Britain  restored.  The  Earl  of  Stafford  and 
the  Bishop  of  Bristol  conducted  the  interests  of  Britain  ;  the  IMarshal 
Marquis  d'Huxelles  and  Nicholas  Mesnager,  Louis  the  Fourteenth's 
Private  Secretary,  a  well-informed  statesman,  those  of  France.  Tliey 
signed  a  treaty  of  commerce  the  31st  Marrh,  1713,  subject  to  the 
approbation  of  the  Parliament  of  Great  Britain.  The  Bishop  was 
no  match  for  Mesnager,  who  bound  the  British  manufactures  to  pay 
by  a  tarilFmade  in  France  so  far  back  as  the  18th  September,  16G4, 
whereby  English  woolen  cloth  (the  only  article  of  consequence  they 
had  at  that  day  to  export  to  them)  was  subject  from  thirty  to  forty 
per  cent,  duty  on  the  value,  and  on  the  lowest  rated  British  articles 
twenty-four  and  a  half  per  cent.;  and  the  duties  to  bo  paid  in 
Britain  on  French  wrought  silks  did  not  exceed  seventeen  and  a  half 
per  cent.,  and  those  of  lockram,  dowlas,  and  all  sorts  of  linens,  not 
above  ten  per  cent,  of  their  value  at  a  medium ;  and  before  the 
revolution,  fVance  supjilicd  all  tlu;  better  sort  of  linens  used  in 
Britain  and  Ireland,  of  every  (hMiomiiiation,  as  tlio  trade  for  Dutch 
and  (ii'riiian  rmcns  was  iutrodurcd  in  (•()ns('(|uence  of  ijie  prohi- 
bitions laid  on  the  French  trade  in  Hi7H,  uiid  reeniicted  the  first  year 
of  William  and  Mary. 

Mesnager's  treaty  of  rommerct.-  was  opposed  by  all^ihe  trading 
interests  of  Great  Britain,  an<l  njected  by  the  House  of  Commons. 
Ill  1711  the  Queen  died,  and  with  her  all  sincere  disposition  for 
treaties  of  conmiercc  with  France. 


DIPLOMATIC  CORRESPONDENCE.  467 

France,  however,  still  wishes  for  some  treaty  of  commerce,  and 
proposes  it  at  every  peace.  She  got  it  stipulated  as  an  article  in  the 
last,  and  Mr.  Crawford  has  been  appointed;  but  I  suppose  the 
improbability  of  his  being  authorized  to  do  any  thing,  has  occasioned 
the  late  edicts  of  the  French  Court  against  English  manufactures. 

Most  of  the  foregoing  anecdotes  of  commercial  history  I  have 
taken  from  an  Irish  publication,  which  compares  the  conduct  x)f  the 
present  Administration  towards  Ireland  to  that  of  the  Stuarts.  It  is 
well  worthy  the  attention  of  America.  We  may  learn  from  it  what 
probability  there  is  of  Mr.  Crawford's  success,  or  rather  we  may 
infer  from  it  that  that  commissioner  was  probably  appointed, 
because  it  was  not  intended  there  should  be  any  thing  for  him  to 
do. 

We  may  also  conclude  from  it  that  the  English  are  now  pursuing 
towards  the  United  States  of  America  the  same  policy  which  the 
French  practised  towards  them  in  the  reigns  of  the  Stuarts.  If  we 
suffer  such  enormous  duties  to  be  laid  by  them  as  are  now  paid  upon 
our  tobacco,  and  oil  and  other  articles,  and  do  not  pursue  some 
measures  to  prevent  the  operation  of  them,  the  balance  against  us 
will  be  enormous,  and  the  drain  too  exhausting. 

The  law  prohibiting  the  exportation  of  tools  and  the  emigration  of 
workmen,  is  to  prevent  us  from  setting  up  manufactures  in  America, 
and  to  prevent  any  other  nation  from  setting  them  up  in  order  to 
supply  us.  When  we  see  them  thus  in  every  way  attack  our 
manufactures  of  all  sorts,  especially  of  ships,  our  nurseries  of 
seamen,  our  merchants,  and  every  thing  within  their  reach,  and 
seem  to  be  determined  to  force  their  goods  upon  us  at  their  own 
prices,  we  have  no  choice  but  to  counteract  them  by  navigation  acts, 
prohibitions,  protecting  duties,  and  bounties. 

With  great  and  sincere  esteem,  Stc,  JOHN  ADAMS. 


FRqjH   JOHN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  Westminster,  August  30,  1785. 

Sir, 
The  more  I  consider  what  I  see  and  hear  every  day,  the  more  I 
am  inclined  to  think  we  shall  be  obliged  to  imitate  the  Utopians^ 
who,  as  Sir  Thomas  More  informs  as  to  their  exportation,  "  thought 


468  JOHN  ADAMS-JOHN  JAY. 

'  it  better  to  manage  that  themselves  than  to  let  foreigners  come  and 
'  deal  in  it,  for,  by  this  means,  as  they  understand  the  state  of  the 
'  neighboring  countries  better,  so  they  keep  up  the  art  of  navigation, 
'  which  cannot  be  maintained  but  by  much  practice  in  it." 

I  would  not  be  understood,  however,  to  wish  that  the  United  States 
should  at  present  proceed  farther  than  to  exclude  British  ships  from 
"  coming  and  dealing"  in  our  exportations.  Other  nations  may  be 
permitted,  for  any  thing  that  I  know,  without  inconveniency.  At 
least  the  experiment  may  be  tried.  Other  foreign  nations  will 
probably  have  few  ships  employed  in  this  way.  England,  Scotland, 
and  Ireland  would  have  many ;  but  if  it  should  be  found  that  British 
ships  are  Frenchified,  Dutchified,  or  otherwise  metamorphosed,  in 
order  to  manage  any  part  of  our  exportations.  I  hope  the  States 
will  not  hesitate  to  make  the  prohibition  universal  to  the  ships  of  all 
nations,  and  confine  their  exports  to  their  own.  There  is  no  other 
way  that  I  know  of  in  which  we  can  compensate  ourselves,  for  that 
rigorous  exclusion  of  American-built  ships  from  the  British  domin- 
ions upon  which  all  parties  here,  I  fear,  are  determined.  The 
popular  cry  has  been  universal,  as  I  am  informed.  "  What,  shall 
'  the  United  States  be  our  ship  carpenters  ?  Shall  we  depend  upon 
'  a  foreign  nation  for  our  navigation  ?  In  case  of  war  with  them, 
'shall  we  be  without  ships,  or  obliged  to  our  enemies  for  them?" 

With  regard  to  duties,  will  our  countrymen  be  long  contented  to 
pay  four  or  five  hundred  per  cent,  upon  their  tobacco,  and  fifty  per 
cent,  upon  other  articles  of  their  produce  in  the  ports  of  Great 
Britain,  while  British  subjects  pay  but  ten  per  cent,  upon  the 
importation  of  any  of  their  commodities  in  our  ports  ?  I  do  not 
believe  they  will.  They  will  rather  lay  duties  upon  British  luxuries 
to  repay  their  own  citizens  the  duties  they  pay  in  British  ports.  It 
is  indeed  impossible  to  foresee  where  this  conflict  of  prohibition  and 
duties  will  end.  It  is  impossible  to  conjecture  what  the  English  will 
attempt.  I  am  not  easy  about  the  negotiations  now  on  foot  with 
France  and  Spain.  I  have  not  yet  sufiicicntly  cx])lain('(l  myself  to 
you  upon  this  subject. 

By  the  18lii  article  of  the  definitive  treaty  of  peace  between 
France  and  Eiij^dand,  si^Mied  at  Versailles  the  JJd  of  September, 
1783,  it  is  stipuhited  that  innnediately  after  the  exchange  of  the 
ratifications,  the  two  high  contracting  parlies  shall  name  commissa- 
ries to  treat  concerning  new  arrangements  of  commerce  between  the 


'l 


DIPLOMATIC  CORRESPONDENCE.  469 

two  nations,  on  the  basis  of  reciprocity  and  mutual  convenience,  which 
arrangements  shall  be  settled  and  concluded  within  the  space  of  two 
years,  to  be  computed  from  the  first  of  January,  in  the  year  1784. 

In  the  ninth  article  of  the  definitive  treaty  between  Great  Britain 
and  Spain,  there  is  a  stipulation  in  the  same  words,  and  the  Duke  of 
Manchester  made  a  declaration  to  each  of  these  Powers  at  the  same 
time,  "that  the  new  state  in  which  commerce  may,  perhaps,  be 
'  found  in  all  parts  of  the  world,  will  demand  revisions  and  explana- 
tions of  the  subsisting  treaties." 

In  compliance  with  these  stipulations  and  declarations,  Mr.  Craw- 
ford was  long  ago  sent  to  Paris  to  treat  with  the  Court  of  Versailles, 
and  Mr.  Woodward  is  lately  appointed  here  to  treat  with  Mr.  Del 
Campo,  on  the  part  of  Spain.  Mr.  Crawford  transmitted  to  his 
Court,  a  year  ago,  a  plan  which  he  received  from  the  French 
Minister ;  but  I  know  from  the  Duke  of  Dorset,  who  told  me  himself 
that  Mr.  Crawford  had  no  answer  from  England  for  six  months,  and 
indeed  I  conjecture  that  he  had  none  till  since  the  edict  of  the 
French  King  prohibiting  British  manufactures.  If  these  arrange- 
ments are  not  made  before  the  first  of  January,  the  two  years  will 
be  expired,  and  nothing  more  will  be  said  of  them  until  another  war 
and  peace.  But,  I  confess,  I  shall  be  anxious  until  new  year's  day ; 
the  conduct  of  this  Court  in  these  discussions  with  France  and  Spain 
is  very  interesting  to  us,  as  it  will  tlii'ow  much  light  upon  their 
intentions  towards  us.  There  are  great  appearances  of  a  fixed 
intention  to  keep  the  peace  with  France  and  Spain  for  a  long  period. 
The  late  advice  of  the  Ministers  of  the  King  of  Great  Britain  to 
the  Elector  of  Hanover,  to  join  the  league  of  the  King  of  Prussia, 
against  the  views  of  the  Emperor  and  Empress,  can  be  accounted 
for  on  no  supposition  but  that  of  a  determination,  in  all  events,  to 
preserve  their  peace  with  France  and  Spain.  Whence  this  love  of 
France  or  of  Spain  ?  Neither  is  a  natural  passion  in  an  English 
breast ;  let  my  country  answer,  "  it  is  not  love  of  me."  On  the 
contrary,  although  I  wish  not  to  alarm  my  fellow-citizens,  it  appears 
to  me  that  the  plan  of  this  country  towards  us  is  nearly  settled,  it  is 
not  fully,  and  will  not  be  until  the  next  budget  is  opened  ;  the  next 
budget  will  decide  the  fate  of  this  country,  and  especially  her  system 
towards  the  United  States. 

If  Mr.  Pitt  should  be  then,  in  1786,  able  to  justify  his  hypothesis 
at  the  opening  of  the  budget  in  1785,  and  shall  be  able  to  shew  that 


470  JOHN  ADAMS-JOHN  JAY. 

the  taxes  have  increased  in  the  proportion  with  the  hope  of  which 
he  flattered  himself  and  the  nation,  this  Government  will  then 
preserve  the  peace  with  France  and  Spain,  at  almost  any  rate, 
persevere  in  their  system  of  commerce  respecting  the  United  States 
of  America,  in  spite  of  all  your  arguments  and  remonstrances,  pro- 
hibitions and  retaliations,  and  ultimately  attack  you  with  a  new  war. 
In  my  private  opinion,  in  the  mean  time,  it  is  their  fixed  design  to 
keep  possession  of  the  posts  on  the  frontier.  Sir  John  Johnson  is 
certainly  going  out,  and  it  is  given  out  that  fifteen  hundred  men  are 
going  to  Quebec,  and  materials,  engineers,  and  workmen,  for  large 
fortifications  in  Nova  Scotia. 

In  short,  sir,  America  has  no  party  at  present  in  her  favor;  all 
parties,  on  the  contrary,  have  committed  themselves  against  us, 
except  Shelburne  and  Buckingham,  and  the  last  of  these  is  against 
a  treaty  of  commerce  with  us,  so  is  even  IMr.  Temple,  who  is  gone 
out  to  New  York,  appointed,  as  I  suppose,  in  compliment  to  his 
namesake,  the  Marquis  of  Buckingham.  I  had  almost  said  the 
friends  of  America  are  reduced  to  Doctor  Price  and  Doctor  Jebb. 
Patience,  under  all  the  unequal  burthen  they  impose  upon  our  com- 
merce, will  do  us  no  good,  it  will  contribute  in  no  degree  to  preserve 
the  peace  with  this  country.  On  the  contrary,  nothing  but  retaliation, 
reciprocal  prohibitions,  and  imposts,  and  putting  ourselves  in  a 
posture  of  defence,  will  have  any  effect. 

This  country  can  furnisii  their  West  India  Island,  and  continental 
colonies,  and  Newfoundland,  so  that  we  cannot  suddenly  make  them 
feel.  We  cannot  prevent  the  introduction  of  their  manufactures 
among  us  so  effectually  as  to  make  them  feel  us  very  soon.  They 
may  lessen  the  duties  on  Spanish  tobacco,  so  as  to  make  the 
Spaniards  our  rivals,  and  hurt  our  tobacco  States.  There  are  many 
ways  in  which  lluy  may  hurt  us,  of  which  we  should  be  apprized 
beforehand.  Ships  and  oil,  all  men  say,  will  never  be  received 
of  us. 

I  hope  the  States  will  bo  cool,  and  do  nothing  precipitately ;  but 
I  liope  they  will  be  firm  and  wise,  confining  our  exports  to  our  own 
ships,  and  laying  on  heavy  duties  upon  all  foreign  luxuries,  and 
encouraging  our  own  manufactures  appears  to  me  to  be  our  only 
resource,  although  I  am  very  sensible  of  the  many  difficulties  in  the 
way,  and  of  the  danger  of  their  bringing  on,  in  the  course  of  a  few 
years,  anoliier  war.     Nothing  but  our  strength  and    their  weakness 


DIPLOMATIC  CORRESPONDENCE.  471 

will,  in  my  opinion,  protect  us  from  such  a  calamity.  They  will 
never  again  pour  large  amiies  into  the  United  States ;  but  they  think 
they  can  distress  us  more  by  cutting  off  all  our  trade  by  their 
shipping,  and  they  mean  that  we  shall  have  no  ships  nor  sailors  to 
annoy  their  trade. 

I  would,  however,  advise  the  States  to  suspend  their  judgments  as 
much  as  they  can,  without  suspending  their  navigation  acts,  until 
another  spring  and  summer  shall  have  developed  the  British  system 
of  politics  in  Germany,  then"  plans  with  France  and  Spain,  and, 
above  all,  the  state  of  their  debts  and  taxes,  and  their  credit. 

I  do  not  believe  the  Ministers  have  yet  digested  their  own  system. 
It  will  depend  still,  in  some  measure,  upon  contingencies.  There  is 
a  taciturnity  among  them  that  is  very  uncommon.  They  have  spies 
in  every  comer  who  can  carry  them  every  whisper  as  punctually  as 
the  police  of  Paris.  I  wish  I  had  the  better  means  of  obtaining 
intelligence  from  them,  and  watching  their  words  and  actions ;  but 
information  of  this  kind  is  costly  beyond  my  revenues. 

With  great  esteem,  &c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  August  31,  1785. 
Sir, 

The  Marquis  of  Caermarthen  told  me  a  story  of  an  Italian 
Ambassador  who  resided  at  this  Court  some  years  ago,  which  was 
very  humorous.  Tt  was  his  Excellency's  practice  to  take  all  the 
newspapers  every  morning,  and  make  up  his  despatches  by  trans- 
scribing  paragraphs  from  them.  He  began  very  gravely,  "  Ho 
ipenetrato"  and  went  on  from  those  words  to  translate  whatever  he 
found,  which  could  amuse  or  inform  his  Court.  No  doubt,  he 
acquired  a  great  reputation  at  home  for  address,  vigilance,  and 
sagacity  in  making  so  many  wonderful  discoveries.  The  Italian  was 
not  singular.  There  are  many  correspondences  carried  on  with  an 
air  of  mystery  and  profound  secrecy,  whose  intelligence  is  derived 
from  no  better  sources.  I  shall  not  adopt  this  method  of  making 
revelations  to  you,  though,  I  confess,  I  have  no  other  means  of 
obtaining  information  or  making  discoveries  which  are  much  better 
than  the  newspapers. 

It  is  the  practice  of  Ministers  here,  when  they  have  in  contempla- 


472  JOHN  ADAMS— JOHN  JAY. 

tion  a  project  of  whose  utility,  practicability,  necessity,  expediency, 
or  popularity  they  arc  doubtful,  to  set  some  writer  to  compose  a 
pamphlet,  or  a  number  of  writers  to  compose  paragraphs  in  the 
newspapers.  The  pamphlets  and  paragraphs  are  read  in  the  coffee 
houses,  and  other  places  where  the  politicians  assemble,  by  the 
ministerial  runners,  who  take  down  the  observations  they  hear,  and 
report  them  to  the  Ministers.  This  method  has  been  tried  concerning 
the  projected  admission  of  American  ships  and  oil,  and  the  unanimous 
voice  was  found  to  be  decidedly  pronounced  against  it.  This, 
however,  was,  I  presume,  upon  the  presumption  that  the  Americans 
could  never  unite  in  retaliation  ;  that  it  would  be  many  years  before 
they  could  act  as  a  nation,  and  that  the  United  States  could  never 
make  a  navigation  act.  This  is  the  principle  upon  which  this  nation, 
after  the  peace,  decided  its  judgment  concerning  the  system  that 
ought  to  be  adopted  relatively  to  the  United  States.  In  conference 
with  Mr.  Pitt,  I  made  this  remark  to  him :  I  told  him  that  since  1 
had  been  in  England,  I  had  made  it  my  business  to  collect  and  read 
every  thing  which  had  been  written  and  published  since  the  peace 
upon  the  commercial  relations  between  Great  Britain  and  the  United 
States.  That  I  found  every  one  of  these  writers  who  was  for 
limiting  and  restraining  the  American  commerce  by  prohibitions, 
alien  duties,  &ic.,  laid  it  down  as  the  fundamental  principle  of  his 
system,  that  in  all  events  this  country  was  sure  of  the  American 
commerce,  because  we  could  not  unite  and  act  as  a  nation  in  any 
retaliating  prohibitions  or  duties.  This  idea  had  been  first  suggested 
to  Lord  Sheflicld  by  some  of  the  American  reTugees,  and  had  been 
communicated  to  the  nation  by  him  and  other  writers,  who  took  it 
from  him  without  suflicient  examination.  I  ventured  to  give  Mr. 
Pitt  my  opinions  in  very  full  terms,  that  this  principle  would  be  found 
to  be  an  erroneous  one  by  experience ;  that  time  would  shew  that 
the  English  nation  had  been  misled  in  its  judgment  by  this  suggestion, 
which  they  had  been  too  prone  to  believe,  bift  might  find  to  be  an 
error  when  it  would  be  too  late.  It  is,  however,  by  no  means 
certain  that  th(i  clearest  refutation  of  that  error,  by  the  utmost  una- 
nimity in  America,  in  any  measures  to  defend  their  navigation,  would 
now  alter  the  public  voice  and  puijlie  opinion  here.  The  public  is 
not  to  be  easily  reasoned  out  of  a  settled  ()j)inion,  though  it  might 
have  been  easy,  in  tin;  season  of  it,  to  have  reasoned  it  into  the 
selllement  of  a  dilferent  opinion. 


DIPLOMATIC  CORRESPONDENCE.  473 

The  papers  are  now  filled  with  paragraphs,  which  an  attentive 
reader  may  perceive  are  inserted,  in  order  to  feel  out  the  sentiments 
of  the  people  concerning  a  treaty  of  commerce  with  France,  with 
Spain,  with  America,  concerning  the  new  Hanoverian  engagements 
in  Germany,  and  concerning  the  posts,  negroes,  debts,  tories,  and  all 
other  points  in  dispute  with  the  United  States.  They  are  disguised 
in  such  a  manner  that  it  is  scarcely  possible  to  discover  how  the 
Minister  inclines ;  nevertheless,  some  of  them  are  in  such  a  strain, 
and  discover  such  an  anxiety  about  the  treaties  of  commerce  in 
negotiation  with  France  and  Spain,  that  I  suspect  they  (the  IMinistry) 
have  made  some  propositions  to  those  Courts,  and  are  anxious  both 
to  know  whether  they  will  be  accepted  or  not,  and  how  they  will  be 
received  by  the  British  and  Irish  nations  if  they  should  be  accepted ; 
a  few  months'  time  will  remove  their  and  our  solicitude  upon  this 
head. 

I  have  the  honor  to  be,  &;c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  September  2,  1785. 
Sir, 

Mr.  Temple  is  gone  out  as  Consul  General ;  whether  he  will  be 
received  or  not  in  that  character,  before  a  treaty  of  commerce  is 
made,  I  know  not ;  if  he  should  not,  and  should  not  be  provided  with 
credentials  as  Minister,  he  will  probably  wait  for  further  instructions. 

I  have  not  made  any  proposition  to  the  IMinistry,  as  is  customary, 
to  send  a  Minister  Plenipotentiary  to  America,  and  I  shall  not 
venture  upon  such  a  step  without  the  instructions  of  Congress.  My 
own  private  opinion  is  that  it  would  be  advisable  to  make  the  prop- 
osition, and  to  insist  upon  it,  even  so  far  as  to  recall  me  if  it  is  not 
done.  These  appointments  familiarize  the  people  to  the  idea  of  the 
importance  of  the  United  States,  and  have  much  weight  in  Europe. 
But  these  are  not  the  most  important  considerations.  A  British 
Minister  at  New  York  would  constantly  transmit  intelligence  to  his 
Court,  it  is  true ;  but  true  intelligence  is  better  than  false,  which  now 
circulates  with  too  little  control,  and  makes  impressions  at  Court  and 
in  Parliament  which  it  is  not  easy  to  remove. 

If  Congress,  however,  should  receive  Mr.  Temple,  whether  they 
do  or  do  not  propose  the  appointment  of  a  Minister,  they  will  no 


474  JOHX  ADAMS-JCHN  JAY. 

doubt  appoint  a  Consul  to  reside  in  England,  or  a  Consul  General  to 
reside  in  London,  with  power  of  appointing  Vice  Consuls  in  England, 
Scotland,  and  Ireland.  Ireland  is  anxious  to  have  one,  and  he  would 
do  great  good.  I  am  sure  I  need  not  explain  myself  more  fully  on 
that  head.  I  have  received  many  applications,  but,  as  I  have  no 
authority,  and  desire  to  have  none,  I  have  not  transmitted  them  to 
you.  I  hav^e  no  relations  or  friends  to  promote  ;  if  I  had,  I  certainly 
should  not  propose  them  merely  for  that  reason.  Indeed,  I  should 
be  afraid  to  propose  them,  lest  it  should  be  for  that  reason ;  although 
I  might  think  them  qualified  and  meritorious. 

The  Consuls  and  Vice  Consuls  are  very  useful  to  Ambassadors 
and  Ministers  in  many  ways  that  I  need  not  explain  to  you.  There 
is  generally  a  good  understanding  between  them,  and  there  always 
will  be  when  proper  men  are  appointed  to  both  places. 

I  do  not  remember  that  I  have  ever  proposed  to  Congress  the 
appointment  of  a  Consul  in  Holland.  I  might  have  made  some  new 
friends,  or  obliged  some  old  ones,  perhaps,  by  recommending  them  ; 
I  shall,  however,  recommend  no  one ;  but  I  cannot  but  think  the 
office  would  be  useful  there ;  and  in  Sweden  and  Prussia  too,  for  I 
suppose  the  treaty  is  concluded  by  this  time.  Consuls  would  explore 
new  channels  of  commerce  and  new  markets  for  our  produce,  as  well 
as  other  sources  of  supply  for  us,  that  we  may  become  less  dependent 
upon  England  if  she  should  continue  unreasonable.  Our  tobacco 
and  oil  might  find  markets  enough  where  they  would  have  less  duties 
to  })ay  and  procure  a  better  price. 

1  know  not  whether  Mr.  Barclay  would  wish,  or  be  willing,  to  be 
translated  to  London  ;  but  a  man  of  his  prudence  and  judgment, 
vigilance  and  fidelity,  would  be  wanted  lure.  There  are  many 
others,  I  hope,  who  have  those  virtues,  and  I  do  not  mean  to 
reroininend  one  man  more  than  anotlier. 

With  great  respect,  he,  J01L\   ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  September  3,  1785. 
D«'ar  Sir, 
Mr.  John  Wingrove,   tlie  bearer  of  this  letter,  I  believe  will  be 
found  a  very  valuable  citizen  of  the  United   Slates.     His  qualifica- 
tions you  may  judge  of  from  liis  conversation.     He  has  had  long 


DIPLOMATIC  CORRESPONDENCE.  475 

experience  in  the  East  Indies,  and  probably  has  a  perfect  knowledge 
of  that  country.  I  beg  leave  to  introduce  him  to  your  civilities,  and 
those  of  all  good  Americans. 

With  great  respect,  Stc,  JOHN  ADA]MS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Sqvxare,  Westminster,  September  6,  1785. 

Dear  Sir, 

Yesterday  I  received  the  two  letters  you  did  me  the  honor  to 
write  me  on  the  3d  August.  The  instructions  shall  be  obeyed  as 
soon  as  possible. 

As  to  a  letter  of  credence  to  the  Queen,  I  believe  it  will  now  be 
unnecessary ;  but,  when  you  send  me  a  letter  of  recall  to  the  King, 
it  may  be  proper  to  send  another  to  the  Queen  ;  and  when  you  send 
a  new  Minister,  to  give  him  a  letter  of  credence  to  both.  Such 
letters  to  a  Queen  consort  can  be  but  compliments  and  wishes  of 
health  and  prosperity  to  her  person  and  family,  and  recommending 
the  Minister  to  her  Majesty's  royal  benevolence.  I  did,  in  the  time 
of  it,  give  assurances  to  the  IMarquis  of  Caermarthen  that  the  omission 
proceeded  not  from  want  of  respect,  and  his  Lordship  sent  my  letter 
to  the  Queen,  as  he  afterwards  told  me. 

As  to  the  posts,  I  think  I  shall  have  no  answer  until  the  meeting 
of  Parliament  approaches,  and  then  I  expect  an  answer  to  every- 
thing altogether,  and  that  the  surrender  of  the  posts  will  be  made 
conditional  and  dependent  upon  some  arrangements  or  other  concern- 
ing the  debts.  But  the  Ministers  are  all  wrapped  up  in  silence.  I 
really  do  not  wonder  at  it.  The  state  of  the  nation  is  critical  beyond 
all  description.  The  people  discontented,  and  the  populace  tumult- 
uous. In  short,  sir,  I  have  seen  the  time  in  Holland  exactly  like 
this  here.  I  see  now,  as  I  saw  then,  what  is  not  very  prudent  to 
talk  about.  I  see  that  many  personages  of  high  rank,  who  want  to 
converse  with  me  freely,  are  afraid  of  being  remarked,  both  at  Court 
and  by  the  mob.  Indeed,  I  see  this  fear  in  many  of  the  foreign 
Ministers.  Mobs  were  never  more  apprehended  or  dreaded  in 
Holland,  during  any  part  of  my  residence  there,  than  they  are  now 
here.  There  is  this  difference :  Nobody  owns  it  here,  whereas 
many  did  there.     In  case  of  a  commotion,  whether  there  would  be 


476  JOHN  ADAMS— JOHN  JAY. 

most  compliments  paid  to  me  or  my  neighbor,  Lord  North,  I  know 
not.  I  am  not,  however,  uneasy  or  apprehensive.  There  is  one 
thing  in  my  favor ;  the  American  cause  has  been  ever  most  popular 
among  the  lowest  classes  in  this  country,  and  I  think  I  have  seen 
symptoms  of  the  same  disposition  continually  since  I  have  been  here. 
It  was  the  same  in  Holland,  and  the  time  may  possibly  come  when 
this  disposition  will  be  as  useful  here  as  I  found  it  there.  Indeed, 
almost  all  the  Billingsgate  you  see  in  the  papers  is  calculated 
to  counteract  this  tendency  of  the  people,  who,  without  it,  would 
depopulate  many  places  by  emigrations. 

I  have  communicated  to  the  Count  de  Reventlaw,  the  Danish 
Minister  here,  the  resolution  of  Congress  of  the  21st  of  March,  and 
have  received,  in  his  polite  answer,  an  obliging  assurance  that  he 
would  transmit  it  to  his  Court. 

With  great  respect,  he,  JOHN  ADAMS. 


FHOM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  September  15,  1785. 

Dear  Sir, 

Having  so  good  an  opportunity  as  this,  by  Mr.  Charles  Storor,  I 
do  myself  the  honor  to  transmit  to  Congress  by  him  the  ratification 
of  the  treaty  and  convention  between  the  United  States  and  the 
States  General  of  tlw;  United  Netherlands,  which  I  received  in 
exchange  for  the  ratification  of  Congress  transmitted  to  me. 

I  should  wish  that  tiic  n'CL'ij)t  of  it  may  be  noted  in  the  Journal  of 
Congress,  and  acknowledged  in  your  despatches  to  me.  The  seals 
are  in  elegant  silver  boxes,  one  to  the  treaty,  and  one  to  the 
convention. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  November  2G,  1785. 
D(!ar  Sir, 
Congress    on  Wednt^sday   last    made    a    IIousc,    and    chose    Mr. 
Hancock,    President,    but     he    b'-ing    absent     they    appointtd    Mr. 
Ramsay,  of  South  Carolina,  to  fill  liu.'  ciiair  for  the  present. 


DIPLOMATIC  CORRESPONDENCE.  477 

A  considerable  time  had  elapsed,  during  which  a  sufficient  number 
of  States  to  proceed  on  business  were  not  represented.  In  this 
interval  I  had  the  pleasure  of  receiving  your  letters  of  25th,  28th, 
29th,  30th,  and  31st  August,  and  2d,  3d,  6th,  and  15th  September 
last,  together  with  the  ratifications  of  the  treaty  and  convention 
between  the  United  States  and  the  United  Netherlands,  with  the 
seals  to  each  enclosed  in  a  silver  box. 

I  have  laid  them  all  before  Congress,  and  am  persuaded  that  the 
testimony  they  bear  to  your  unremitted  attention  to  the  interests  of 
our  country,  will  make  as  strong  an  impression  on  them  as  it  does 
upon  me. 

There  is  reason  to  hope  and  expect  that  Congress  will  soon  find 
leisure  to  attend  more  assiduously  to  their  foreign  affairs,  and  enable 
me  to  write  more  precisely  on  various  subjects  than  I  have  yet  been 
able  to  do. 

My  last  letters  to  you  were  of  the  1st  November  by  Mr.  Chollet, 
and  of  the  2d  by  Mr.  Houdon. 

I  now  transmit  a  copy  of  the  proceedings  of  the  commissioners, 
respecting  the  negroes  carried  from  hence  at  the  time  of  the  evacua- 
tion, together  with  a  list  of  them.  It  will  enable  you  to  negotiate  a 
settlement  of  that  business  with  less  difficulty.  It  is  to  be  observed 
that  great  numbers  were  carried  from  other  places  as  well  as  from 
New  York,  and  for  whom  the  British  Government  ought  in  justice 
to  make  compensation.  I  shall  endeavor  to  furnish  you  with  such 
evidence  of  their  numbers,  he,  as  I  may  be  able  to  collect. 

Mr.  Temple  is  here,  and  his  commission  is  now  before  Congress. 
I  shall  take  the  earliest  opportunity  of  communicating  to  you  their 
decision  respecting  it. 

I  herewith  enclose  a  copy  of  an  act  of  Rhode  Island  for  vesting 
Congress  with  the  power  of  regulating  foreign  trade.  In  one  of  the 
newspapers  also  sent,  you  will  find  another  act  of  that  State 
respecting  navigation. 

However  discordant  the  various  acts  of  the  States  on  these  subjects 
may  be,  they  nevertheless  manifest  sentiments  and  opinions  which 
daily  gain  ground,  and  which  will  probably  produce  a  proper  and 
general  system  for  regulating  the  trade  and  navigation  of  the  United 
States,  both  foreign  and  domestic. 

The  Federal  Government  alone  is  equal  to  the  task  of  forming 
such  a  system,  and  it  is  much  to  be  wished  that  partial  and  local 


478  JOHN  ADAMS— JOHN  JAY. 

politics  would  cease  to  oppose  vesting  Congress  with  powers 
adequate  to  that  great  and  important  object. 

I  intended  to  have  devoted  this  day  entirely  to  writing  to  you,  but 
I  was  unexpectedly  called  upon  to  attend  a  committee  of  Congress 
this  morning,  and  the  business  before  them  makes  it  necessary  for 
me  immediately  to  report  on  another  riiatter  connected  with  it. 

I  am,  dear  sir,  &:c.,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  October  15,  1785. 
Dear  Sir, 

I  have  received  the  letter  you  did  me  the  honor  to  write  me  the 
6th  September. 

The  act  of  Congress  of  the  18th  of  August,  which  you  enclose, 
shall  be  communicated  as  directed. 

I  have  the  honor  to  agree  fully  with  you  in  your  opinion,  that  "it 
is  manifestly  as  much  the  interest  of  this  country  to  be  well  with  us 
as  for  us  to  be  well  with  them ;"  but  this  is  not  the  judgment  of  the 
English  nation,  it  is  not  the  judgment  of  Lord  North  and  his  party, 
it  is  not  the  judgment  of  the  Duke  of  Portland  and  his  friends,  and 
it  does  not  appear  to  be  the  judgment  of  Mr.  Pitt  and  the  present 
set.  In  short,  it  docs  not  at  present  appear  to  be  the  sentiment  of 
any  body;  and  I  am  much  inclined  to  believe  they  will  try  the  issue 
of  importance  with  us. 

I  have  insisted  upon  the  surrender  of  the  posts  with  as  much 
earnestness  as  prudence  would  warrant,  but  can  obtain  no  other 
answer  than  certain  hints  concerning  the  debts,  and  some  other 
points,  which  are  suflicient  to  convince  me  that  the  restoration  of 
the  posts  will  have  certain  conditions  tacked  to  it.  I  have  insisted 
in  conversation,  and  have  inquired  in  writing,  but  have  not  yet  made 
a  formal  requisition  by  a  memorial,  in  the  name  and  by  order  of  the 
Unit(!(l  States ;  if  I  had  done  it,  I  should  have  compromitted  my 
sovereign,  and  should  certainly  have  had  no  nnsw(M';  whenever  this 
is  doni!,  it  .should  be  followed  up.  I  shall  certainly  do  it,  if  J  should 
sec  a  moment  when  it  can  possibly  prevail.  If  it  is  the  judgment  of 
Congress  that  it  shoidd  be  iU>\]<-  iiumediately,  I  should  be  glad  of 
their  orders,  which  shall  Ijc  exactly  obeyed,  I  should  even  wish  they 
would  prescribe  to  me  the  form  of  the  memorial. 


DIPLOMATIC  CORRESPONDENCE.  479 

It  is,  indeed,  as  you  observe,  in  the  power  of  Congress  to  take  a 
certain  step,  which  would  be  longer  and  more  sensibly  felt  by 
Britain,  than  the  independence  of  the  United  States.  You  have  not 
hinted  at  the  nature  of  this  measure.  I  can  conceive  of  more  than 
one  exclusion  of  British  ships  from  all  our  exports,  and  a  heavy 
duty  upon  British  manufactures,  is  one;  a  defensive  alliance  with 
France,  Spain,  and  Holland,  is  another.  A  case  may  happen  in 
which  this  last  might  be  justifiable ;  but  I  presume  it  will  not  hastily 
be  adopted,  nor  ever  without  Canada  and  Nova  Scotia,  to  be 
admitted  into  our  Confederation,  and  one  half,  at  least,  of  the  best 
of  the  English  West  India  Islands,  besides  stipulations  for  the 
admission  of  our  produce  freely  to  the  French  West  India  Islands, 
and  some  articles  into  France,  duty  free,  with  similar  stipulations 
with  Spain  and  Holland.  I  hope,  however,  the  first  measure  will 
be  adopted  forthwith,  and  not  the  smallest  article  of  our  produce  be 
permitted  to  be  exported  in  British  bottoms. 

Mr.  Barclay  is  appointed  to  go  to  Morocco,  and  Colonel  Franks 
goes  with  him.  Mr.  Lamb  to  Algiers,  and  Paul  R.  Randall, 
Esquire,  with  him.  There  will  be  captives  to  redeem,  as  well  as 
treaties  to  form. 

I  can  obtain  no  answer  from  the  Ministry  to  any  one  demand, 
proposal,  or  inquiry.  In  this  I  am  not  alone.  It  is  the  complaint  of 
all  the  other  foreign  Ministers.  The  Dutch  Envoy,  particularly, 
told  me  yesterday  that  he  could  obtain  no  answer  to  any  of  his 
memorials,  some  of  which  were  presented  as  long  ago  as  last  April. 
The  Ministry,  since  the  ill  fortune  of  their  studies  in  Ireland,  have 
been  in  a  lethargy ;  but  they  must  soon  awake.  Mr.  Pitt  has  long 
had  with  him  in  the  country  our  project  of  a  treaty,  and  it  cannot  be 
long  before  he  comes  to  some  determination.  They  have  had  lately 
evidence  enough  of  the  utility  to  them  of  the  public  hope  of  a 
commercial  agreement  with  America.  Holding  up  the  idea  of  a 
treaty  has  rapidly  raised  the  stocks;  but  I  cannot  entertain  any 
sanguine  hopes,  for  all  experience,  all  evidence,  seem  to  be  lost  upon 
this  nation  and  its  rulers.  According  to  most  appearances,  a  nation 
so  entirely  given  up  to  the  government  of  its  passions,  must 
precipitate  itself  into  calamities  greater  than  it  has  yet  felt.  I  still 
think,  however,  that  a  decided  opinion  concernmg  the  system  it 
will  pursue,  cannot  be  formed  before  the  opening  of  the  next 
budget. 

With  great  esteem,  &tc.,  JOHN  ADAMS. 


480  JOHN  ADAMS— JOHN  JAY. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  October  17,  1785. 

Dear  Sir, 

It  has  been  the  general  sense  of  our  country  since  the  peace  that 
it  was  their  duty  and  their  interest  to  be  impartial  between  the 
Powers  of  Europe,  and  to  observe  a  neutrality  in  their  wars.  This 
principle  is  a  wise  one,  upon  the  supposition  that  those  Powers  will 
be  impartial  to  us,  and  permit  us  to  remain  at  peace.  But  it  is 
natural  for  England  and  France  to  be  jealous  of  our  neutrality,  and 
apprehensive  that,  notwithstanding  our  professions,  we  may  be 
induced  to  connect  ourselves  with  one  against  the  other.  While 
such  uncertainties  and  suspicions  continue,  we  may  find  that  each 
of  these  rival  kingdoms  will  be  disposed  to  stint  our  growth  and 
diminish  our  power,  from  a  fear  that  it  will  be  employed  against 
itself  and  in  favor  of  its  enemy.  If  France  could  be  sure  of  our 
perpetual  alliance,  it  is  to  be  supposed  she  would  favor  our  increase 
in  every  thing  which  could  be  reconciled  to  her  own  interest.  If 
England  could  obtain  such  an  alliance  with  us,  she,  for  the  same 
reason,  would  favor  our  interests  in  all  cases  compatible  with  her 
own. 

I  need  not  point  out  to  you  instances  in  proof  of  such  a  jealousy 
in  France.  Yet  it  may  not  be  amiss  to  refer  you  to  some  hints  in 
Mr.  iVecker's  late  work. 

Mr,  Hartley,  you  will  remember,  dwelt  much  too  often  upon  the 
subject  of  an  alliance  with  England  for  us  to  doubt  that.  However 
incident  the  suggestion  of  such  an  idea  was,  he  nevertheless  enter- 
tained it.  He  has  lately  renewed  this  topic  with  me,  and  I  gave 
him  the  only  answer  which  can  ever  be  given,  viz :  that  the  moral 
character  of  the  United  States  was  of  more  importance  to  them  than 
any  alHance  ;  that  they  could  not,  in  honor,  hear  such  a  pr()])osal, 
but  that,  if  honor  and  character  were  out  of  the  question,  while 
England  held  a  province  in  America,  we  could  not  safely  forfeit  the 
confidence  of  France,  nor  commit  ourselves  to  the  consistency  of 
England. 

But  to  rise  higher.  When  the  King  was  pleased  to  say  to  me 
that  he  would  be  foremost  in  favor  and  friendship  to  the  United 
Slates,  wlien  he  should  see  a  disposition  to  give  the  preference  to 
ibis  rouiilry,  he  i)r()bal)ly  meant  mon;  than  we  can  comply  with. 
If  a  [)referencc  in   commerce  only   had  been  meant,  it   was   quite 


DIPLOMATIC  CORRESPONDENCE.  481 

unnecessary  to  make  it  a  future  condition,  because  the  ardor  of  our 
citizens  in  transfen'ing  almost  the  whole  commerce  of  the  country 
here,  and  voluntarily  reviving  that  monopoly  which  they  had  long 
complained  of  as  a  grievance,  in  a  few  of  the  first  months  of  the 
peace,  imprudently  demonstrated  to  all  the  world  an  immoderate 
preference  of  British  commerce.  It  was  impossible  that  we  could 
give  stronger  proofs  of  a  preference  in  this  sense.  If  the  royal 
expression  then  was  a  deliberate  one,  it  must  have  intended  some- 
thing more,  and  something  which  the  United  States  cannot  agree  to. 

The  British  IMinistry,  therefore,  have  now  before  them  a  question 
as  important  to  the  British  Empire  as  any  that  ever  was  agitated 
in  it — whether,  by  evacuating  the  posts,  and  fulfilling  the  treaty  of 
peace  in  other  points,  and  by  opening  their  ports  in  the  West  Lidies 
and  on  the  continent  of  America,  as  well  as  in  Europe,  to  our  ships  and 
produce  upon  equal  and  fair  terms,  they  shall  insure  the  impartiality 
and  neutrality  of  America ;  or  whether,  by  a  contrary  conduct,  they 
shall  force  them  into  closer  connexions  of  alliance  and  commerce 
with  France,  Spain,  and  Holland.  A  treaty  of  defensive  alliance 
with  France  would  deserve  a  long  and  careful  dehberation,  and 
should  comprehend  the  East  and  West  Indies.  I  mean  our  right  to 
trade  m  them,  as  well  as  many  other  considerations,  too  numerous  to 
hint  at  here.  A  new  treaty  of  commerce  might  be  made  greatly 
beneficial  to  both  countries.  If  we  once  see  a  necessity  of  giving 
preferences  in  trade,  great  things  may  be  done.  By  the  treaty 
between  England  and  Portugal  of  27th  of  December,  1703,  Portugal 
promised  to  admit  forever  into  Portugal  the  woolen  cloths,  and  the 
rest  of  the  woolen  manufactures  of  the  Britons,  as  was  accustomed, 
till  they  were  prohibited  by  the  laws ;  nevertheless,  upon  this  con- 
dition, "  II.  That  is  to  say  that  Great  Britain  shall  be  obliged 
'  forever  hereafter  to  admit  the  wines  of  the  growth  of  Portugal  into 
'  Britain,  so  that  at  no  time,  whether  there  shall  be  peace  or  war 
'  between  the  Kingdoms  of  Britain  and  France,  anything  more  shall 
'  be  demanded  for  these  wines  by  the  name  of  custom  or  duty,  or 
'  by  whatsoever  title,  directly  or  indirectly,  whether  they  shall  be 
'  imported  into  Great  Britain  in  pipes  or  hogsheads,  or  other  casks 
'  than  what  shall  be  demanded,  from  the  quantity  or  measure  of 
'  French  wine,  deducting  or  abating  the  third  part  of  the  custom  or 
'  duty.  But  if  at  any  time  this  deduction  or  abatement  of  customs 
*  shall,  in  any  manner,  be  prejudiced,  it  shall  be  just  and  lawful  for 
Vol.  H.— 31 


482  JOHN  ADAMS-JOHN  JAY. 

'his  sacred  Royal  Majesty  of  Portugal  again  to  prohibit  the  woolen 
'cloths,  and  the  rest  of  the  British  woolen  nianuftictures." 

This  treaty,  which  the  Irish  call  the  Methucn  treaty,  from  the 
name  of  the  Ambassador  who  signed  it,  and  which  they  now  claim 
the  benefit  of  as  Britons,  although  the  Portuguese  deny  them  to  be 
Britons,  and  accordingly  refuse  their  woolens,  has  had  a  vast  effect 
both  in  Portugal  and  England.  The  consequence  has  been  that 
Portugal  has  now  for  more  than  four  score  years  clothed  herself  in 
British  woolens,  like  an  English  colony,  and  has  never  been  able  to 
introduce  woolen  manufactures  at  home,  and  the  British  Islands  have 
drunk  no  other  wine  than  Port,  Lisbon,  and  Madeira,  although  the 
wines  of  France  are  so  much  better. 

The  United  States  may  draw  many  useful  lessons  from  this 
example.  If,  from  the  blind  passions  and  rash  councils  of  the 
Britons,  they  should  be  compelled  to  deviate  from  their  favorite 
principle  of  impartiality  and  neutrality,  they  might  make  a  new 
commercial  treaty  with  France,  for  a  term  or  forever,  exempting  all 
the  manufactures  of  France  from  one-third,  or  one-half,  or  all  the 
duties  which  shall  be  stipulated  to  be  laid  upon  the  English  manu- 
factures. In  this  case,  what  becomes  of  the  manufactures  of  Britain  ? 
What  of  their  commerce,  revenue,  and  naval  power?  They  must 
decline,  and  those  of  her  rival  must  rise. 

1  Innt  only  at  these  things.  They  open  a  wide  field  of  inquiry, 
and  require  all  the  thoughts  of  the  people.  We  should  stipulate  for 
the  admission  of  all  our  produce,  and  should  agree  upon  a  tariff  of 
duties  on  both  sides.  We  should  insist  upon  entire  liberty  of  trade 
and  navigation,  both  in  the  East  and  West  Indies,  and  in  Africa, 
and  upon  the  admission  of  our  oil  and  fish,  as  well  as  tobacco,  Hour, 
rice,  indigo,  pot-ash,  &.C.,  &ic. 

This  country  boasts  of  her  friends  and  partisans  in  this  and  the 
other  as.sciiibrK!s,  particularly  in  I\ew  York  and  Virginia,  and  sire 
confidt-nt  w<j  can  do  nothing,  neither  exclude;  their  ships  from  our 
exports  nor  lay  on  duties  upon  their  inq)orts  into  our  States,  neither 
raise  a  revenue,  nor  build  a  fleet.  Jf  tlieir  expectations  are  not  disap- 
pointed, we  shall  be,  and  that  in  a  few  months,  not  only  a  despised 
but  a  despicable  people.  With  the  power  in  our  hands  of  doing 
as  we  please,  we  shall  do  nothing.  With  the  means  of  making 
ourselves  respected  by  the  wise,  we  shall  become  the  scorn  of  fools. 

1  am  under  embarrassments  in  treating  with  the  ^Ministers  here,  to 


DIPLOMATIC  CORRESPONDENCE.  483 

know  how  far  it  is  prudent  in  me  to  go  in  urging  upon  them  what 
the  United  States  may  do  or  not  do  with  France.  There  would  be 
danger  of  my  committing  Congress  imprudently ;  but  in  conversation 
with  friends  arguments  may  be  casually,  and  by  way  of  speculation 
only,  put  into  their  mouths,  which  they  will  not  fail  to  use  where 
they  may  or  ought  to  have  weight ;  yet  it  is  still  uncertain  whether 
anything  can  have  weight.  The  Ministry  behave  as  if  they  saw 
certain  ruin  coming  upon  the  nation  and  thought  it  of  no  importance 
in  what  shape  it  should  appear. 

With  great  respect,  &;c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  October  21,  1785. 

Dear  Sir, 

Yesterday,  at  eleven  o'clock,  I  went  by  appointment  to  Lord 
Caermarthen's  office,  and  was  admitted  to  his  Lordship  as  soon  as  he 
arrived  from  his  house.  As  this  was  an  hour  earlier  than  the  usual 
appearance  of  the  foreign  Ministers  at  the  Secretary  of  State's 
levee,  I  had  time  for  a  long  conversation  with  his  Lordship. 

At  first  I  presented  him  a  memorial  containing  a  requisition  of 
immediate  orders  for  the  discharge  of  our  citizens,  particularly  of 
Low.  Secondly,  the  correspondence  between  Governor  Bowdoin 
and  Captain  Stanhope,  with  the  act  of  Congress  upon  it;  and 
thirdly,  a  letter  concerning  the  questions  sometime  ago  communicated 
to  your  Ministers  at  Paris,  relative  to  their  full  powers,  by  the  Duke 
of  Dorset.  These  papers  were  left  with  his  Lordship  for  his  perusal 
at  his  leisure,  but  I  conjecture  he  laid  them  before  the  King  in  a 
conference  after  the  drawing-room.  After  the  communication  of 
those  papers  I  had  the  honor  to  observe  to  his  Lordship  that  although 
they  contained  matters  of  some  importance  I  most  sincerely  wished 
there  was  nothing  of  greater  difficulty  and  more  danger  between 
the  two  countries.  His  Lordship  wished  so,  too.  I  added,  that  as 
it  was  wished  on  both  sides,  it  was  remarkable  that  the  business  was 
not  done,  as  it  seemed  to  be  very  easy  to  do ;  that  it  was  much  to 
be  lamented,  when  the  v/ar  was  ended  and  everything  essential  which 
had  been  in  contest  was  decided,  that  such  circumstances  as  remained 
should  impede  the  return  of  confidence  between  the  two  nations. 


484  JOHN  ADAMS-JOHN  JAY. 

I  paused  here,  in  hopes  his  Lordship  would  have  made  some  reflection 
or  dropped  some  hint  from  whence  I  could  have  drawn  some  conclu- 
sion, excited  some  hope,  or  started  some  fresh  topic,  but  not  a  word 
escaped  him.  After  a  long  silence  I  told  him  that  I  hoped  for  an 
answer  from  his  Lordship  concerning  the  posts  upon  the  frontiers; 
not  a  word  of  reply.  I  said  I  was  extremely  uneasy  concerning 
those  posts ;  that,  by  the  last  accounts  from  America,  there  seemed 
to  be  danger  of  our  being  involved  in  an  Indian  war  merely  from 
the  circumstance  of  their  being  withheld ;  that  his  Lordship  could 
not  be  unacquainted  with  the  cruelty  and  barbarity  with  which  those 
savages  made  war  upon  people  the  most  innocent,  peaceable,  and 
defenceless ;  that  an  Indian  war,  by  filling  the  gazettes  and  conver- 
sation with  relations  of  horrors,  naturally  spread  a  greater  alarm  and 
excited  keener  passions  than  other  wars  which  might  be  much  more 
destructive  and  impoverishing ;  that  if  such  a  war  should  happen  in 
consequence  of  withholding  the  posts,  it  would  enkindle  a  flame  in 
America  which  might  spread  wider  and  last  longer  than  any  man 
could  foresee;  that  I  sincerely  hoped  the  King's  Ministers  would 
think  seriously  of  it,  and  give  orders  for  the  evacuation ;  tliat  I  must 
insist  on  an  answer.  Here  his  Lordship,  in  broken  sentences, 
expressed  a  wish  that  the  Ministry  would  answer  everybody,  and 
conveyed  a  hint  that  it  did  not  depend  upon  him.  I  proceeded  upon 
this  to  say  that,  in  a  conference  with  Mr.  Pitt,  when  I  pressed  him 
for  an  answer  concerning  the  posts,  although  he  was  not  explicit 
with  me,  I  understood  him  to  insinuate  to  me  that  the  surrender  of 
the  posts  would  be  made  conditional  upon  something  respecting  the 
debts.  Here  I  got  something  out.  His  Lordship  said:  "To  be 
sure,  nothing  could  be  done  until  the  debts  were  paid."  Paid !  my 
Lord  !  that  is  more  than  ever  was  stipulated.  No  Government  ever 
undertook  to  pay  the  private  debts  of  its  subjects ;  and  in  this  case 
nobody  ever  had  such  a  thought.  The  treaty  only  stipulated  that 
creditors  should  meet  with  no  lawful  impediment  to  the  recovery  of 
their  debts.  But,  says  his  Lordship,  if  lawful  impediments  have 
been  tlirown  in  the  way  ;  and  tliis  was  all  he  could  or  woulii  let  out. 
I  understood  hiin  to  mean  that  Government,  by  putting  an  impedi- 
ment in  th(jway,had  n)ade  itself  answerable  for  the  dt.-bts  tliemselves. 
This  was  the  first  suggestion  to  me  of  such  a  thought,  but  it  was  so 
fully  communicated  that  I  should  not  be  surprised  if  a  requisition 
should  be  made  to  that  cfiect.     I  proceeded,  with  his  Lordship,  that 


DIPLOMATIC  CORRESPONDENCE.  485 

the  people  in  America  saw  the  treaty  violated  in  two  important 
points  relative  to  striking  objects.  The  negroes  were  carried  off  and 
the  posts  were  withheld.  The  last  looked  like  a  continuance  of 
war.  It  was  continuing  a  foreign  army  in  their  territory.  These 
were  the  first  breaches  of  treaty  *  and  without  them  I  did  believe 
that  the  debtors  would  not  have  had  influence  enough  in  any  assembly 
to  have  procured  an  act  or  vote  to  impede  the  course  of  law ;  and  if 
the  posts  were  now  evacuated  and  the  negroes  paid  for,  I  did  not 
believe  the  impediment  would  be  continued  longer  than  to  the 
meeting  of  the  Assemblies.  But  if  the  removal  of  these  impedi- 
ments should  be  made  a  condition  precedent  to  the  evacuation  of  the 
posts  and  pajnnent  for  the  negroes,  I  very  much  apprehended  it 
would  not  be  done.  As  the  English  had  been  first  in  the  wrong  it 
was  natural  and  reasonable  to  expect  that  they  should  be  first  to  get 
right. 

Finding  it  impossible  to  learn  any  thing  from  his  lordship  of  his 
own  sentiments  or  those  of  his  colleagues,  upon  these  points,  after  a 
pause  of  some  time  I  proceeded  to  some  others,  and  said : 

Your  lordship  alone  was  present  when  the  King  was  pleased  to 
say  to  me  that  when  he  should  see  a  disposition  in  the  United  States 
to  give  this  country  the  preference,  he  would  be  foremost  in  friendship 
to  them.  Yes,  I  was,  said  his  lordship.  What  greater  preference, 
my  lord,  can  be  expected  or  reasonably  desired,  than  has  been  given  ? 
It  is  not  possible  for  one  country  to  give  another  stronger  proofs  than 
America  has  given  this,  of  a  commercial  preference.  They  have, 
with  an  imprudent  ardor,  discovered,  too  early,  and  too  immoderate 
a  predilection  to  the  commerce  of  this  country,  by  voluntarily  reviving 
at  the  peace,  almost  the  very  monopoly  which  had  been  established 
before  the  war,  by  the  acts  of  Parliament.  Can  any  other  preference 
than  a  commercial  one  be  thought  of?  No  answer.  Is  it  not 
receiving  this  disposition  too  coldly,  ray  lord,  to  meet  it  with 
obstructions  to  so  many  of  our  remittances?  Is  there  not  danger 
that  the  conduct  of  this  country  will  change  that  disposition.  Is  it 
not  easily  changed  ?  Does  it  not  consist  chiefly  in  mode  and  taste, 
setting  aside  what  there  is  remaining  of  good  will  between  the 
people,  and  if  credit  is  the  lure,  is  it  not  easily  counteracted  ?  We 
have  been  used  to  buy  Russian  and  Dutch  hemp  in  London,  say  we 
paid  ten  per  cent,  more  than  it  would  have  cost  us  in  Petersburgh, 
and  that  the  advantage  of  having  it  upon  credit  was  worth  to  the 


486  JOHN  ADAMS-JOHN  JAY.  ^ 

American  merchant  twenty  per  cent.  By  laying  on  a  duty  of  ten 
per  cent,  on  these  articles  imported  from  London  more  than  when 
imported  directly  from  Russia,  would  not  the  advantage  of  credit  be 
wholly  counteracted  ?  By  laying  on  fifteen  per  cent,  more,  would 
there  not  be  an  end  forever  to  American  importations  of  these 
articles  by  the  way  of  London  ?  Silesia  linens  are  another  article, 
which  we  bought  in  London.  May  not  this  commerce  be  diverted 
entirely  to  Stetin  and  Embden,  by  a  similar  duty?  May  not  all 
sorts  of  manufactures  in  iron  be  bought  in  Germany,  and  all  other 
manufactures  in  cotton,  linen,  metals,  silk,  velvet,  wool,  be  in  the 
same  manner  diverted  from  this  to  other  countries  in  Europe  only 
by  thus  laying  a  bounty  on  the  importation  of  them  into  America,  to 
be  paid  by  those  who  choose  to  purchase  in  England  ? 

It  was  become  fashionable  here  for  gentlemen  to  speak  diminutively 
of  American  trade,  even  among  some  who  had  magnified  it  while  in 
opposition  to  Lord  North.  These  could  not  certainly  be  sincere ; 
but  be  the  value  of  it  what  it  may,  can  it  be  good  policy  in  this 
country  to  divert  it  from  herself  and  send  it  to  her  rivals  ?  For 
example,  could  it  be  wise  in  the  English  to  throw  their  own  New- 
foundland fishery  into  the  hands  of  the  French,  merely  to  prevent 
Americans  from  supplying  it  with  provisions  and  necessaries  in  their 
own  bottoms  ?  I  was  very  much  afraid  the  Ministry  had  not  yet 
duly  considered  upon  what  a  delicate  circumstance  their  fishery 
depended,  how  easily  it  might  be  lost,  and  how  hardly  recovered ; 
though  the  fishery  was  very  beneficial  to  the  public  as  a  nursery  of 
seamen,  and  a  source  of  wealth,  as  it  stood  connected  with  various 
other  branches  of  business,  yet  to  the  generality  of  individuals  it  was 
not  very  profitable.  With  their  utmost  art,  industry,  and  economy, 
they  could  but  barely  live.  The  Jamaica  fish,  as  some  call  it,  or 
the  West  India  fish,  as  others  named  it,  was  one  third  part  of  the 
whole,  and  the  preservation  and  sale  of  it  was  essential  to  the  life  of 
the  fishery.  Unfit  for  the  Europ(!an  market,  it  iiad  never  found  any 
other  consumers  than  the  negroes,  and  the  English  depended  upon 
selling  theirs  to  iIk;  French  in  their  West  India  Islands.  They  have 
been  able  to  undersell  the  French  in  their  own  islands.  Why  ? 
Because  their  fishery  at  Newfoundland  being  supplied  from  the 
United  States  at  a  cheaper  rate  than  the  French  could  be  from 
Europe,  they  could  afi^ord  to  sell  their  fish  cheaper;  but  now  the 
tables  were  turned,  tlie  French  are  supplied  from  the  United  Slates, 


DIPLOMATIC  CORRESPONDENCE.  487 

and  the  English  must  be  from  Europe ;  the  consequence  of  which 
must  be  that  the  French  will  very  soon  be  able  to  supply  their  own 
islands  cheaper  than  the  English  can,  and.  when  this  happens,  it  will 
be  very  natural  for  them  to  prohibit  all  foreign  fish,  American  as 
well  as  English.  I  left  his  lordship  to  judge  if  this  was  a  probable 
means  of  increasing  British  seamen  and  navigation,  and  whether  it 
was  not  probable  that  if  the  Americans  saw  the  English,  like  rash 
gamesters,  playing  away  their  own  fisheries,  into  foreign  hands,  they 
would  not  look  out  for  themselves,  and  purchase  of  the  French  the 
admission  of  their  fish  into  the  islands,  by  stipulating  some  equivalent 
for  it.  Here  his  lordship  said  he  wished  the  council  could  be 
brought  to  take  into  consideration  the  relative  situation  of  the  two 
countries  and  their  commerce.  I  was  in  hopes  he  would  have  said 
more,  and  waited  long  to  hear,  but  as  it  appeared  he  did  not  intend 
to  be  more  particular,  I  said  it  was  surely  necessary  that  something 
should  be  thought  of  and  done.  With  regard  to  the  West  India 
trade,  it  would  be  well  to  consider  whether  the  United  States,  if 
they  found  themselves  excluded  from  the  English  islands,  would  not 
think  it  necessary  to  purchase  a  free  admission  of  their  flour  and 
ships,  as  well  as  fish  and  other  things,  to  perpetuity,  by  stipulating 
with  the  French  Court  some  perpetual  advantage,  in  some  particulars, 
over  the  English  commerce.  Hitherto  it  had  been  the  policy  of  the 
States  to  be  impartial,  but  if  they  were  once  driven  from  this 
principle,  I  left  his  lordship  to  judge  how  far  they  might  go  and 
ought  to  go.  I  asked  his  lordship  whether  it  would  not  be  just  and 
wise  in  France  to  stipulate  with  us  a  perpetual  admission  of  our  oil, 
to  illuminate  their  cities,  of  our  pot  ash,  duty  fi-ee,  of  our  tobacco, 
upon  easier  duties  and  better  terms ;  in  short,  of  all  the  produce  of 
our  country,  upon  better  conditions,  of  our  flour,  fish,  and  ships,  into 
their  islands,  and  of  our  ready-built  ships  for  sale,  into  all  her 
dominions,  if  Congress  would  stipulate  with  them  a  perpetual  prefer- 
ence of  French  ships  and  manufactures  over  the  English  in  America. 
K  we  would  stipulate  to  lay  on  duties  one-third  or  one-half  heavier 
upon  English  than  French  navigation  and  merchandize,  might  we 
not  make  a  profitable  bargain  ?  IMight  we  not  do  the  same  with  any 
and  every  other  trading  nation  in  Europe  ?  Necessity  would  force 
us  to  carry  our  trade  where  we  could  find  a  market  for  our  produce ; 
and  if  England  would  not  receive  it  upon  living  terms,  we  must  carry 
it  to  Germany  or  the  Baltic,  to  Holland  or  the  IMediterranean,  to 


4S8  JOHN  ADA:\IS— JOHN  JAY. 

Portugal  or  France,  to  Spain,  or  even  to  the  East  Indies.  All  this 
was  very  patiently  and  ci\illy  heard,  but  not  a  word  of  answer.  I 
then  asked  what  could  be  the  reason  that  the  commerce  between  the 
United  States  and  the  remaining  British  colonies,  Canada  and  Nova 
Scotia,  should  not  be  encouraged ;  it  had  been  found  mutually 
beneficial  heretofore,  and  our  share  of  the  profit  of  it  had  been  a 
source  of  remittance  to  England,  and  would  be  again.  Those 
colonies,  especially  Nova  Scotia,  would  find  it  difficult  to  subsist 
without  it  for  a  long  time.  Finding,  however,  that  his  lordship  was 
determined  to  deliver  no  opinions,  nor  give  the  smallest  hint  from 
whence  any  conclusions  or  conjectures  could  be  fomicd,  I  asked  hira 
for  his  advice,  whether  it  would  answer  any  good  end  for  me  to  wait 
on  any  other  of  the  Ministers,  as  my  Lord  Camden  and  the  Duke 
of  Richmond,  for  example,  and  enter  into  more  particular  conversa- 
tion with  them  upon  these  subjects  ?  His  lordship  said  Lord 
Camden  was  gone  into  the  country,  and  the  Duke  of  Richmond  to 
the  distant  sea-ports,  and  would  not  be  here  for  many  weeks ;  but 
]\Ir.  Pitt  was  here.  I  replied  that  I  had  found  Mr.  Pitt,  in  the 
conversations  I  had  with  him,  candid  and  intelligent,  and  that  for 
any  thing  I  knew  the  afiairs  of  the  nation  could  not  be  in  better 
hands;  but  he  was  in  a  critical  situation,  and  if  a  foundation  should 
be  laid  of  a  final  alienation  between  England  and  America,  it  would 
be  a  deeper  stain,  a  blacker  blot,  upon  his  administration  than  the 
independence  of  the  United  States  had  been  upon  that  of  Lord 
North. 

It  is  not  worth  your  w  hile  nor  mine  to  endeavor  to  collect  more 
particularly  this  useless  conversation,  in  which  the  reciprocity,  as 
Lord  North  said  on  another  occasion,  was  all  on  one  side.  I  did 
not  think  it  prudent  to  urge  to  his  Lordship  the  possibility  of  any 
other  new  connexion  between  the  United  States  and  other  European 
nations  than  commercial  ones,  the  possibility  and  the  probability  of  a 
more  permanent,  indeed,  of  a  perpetual,  defensive  alliance  between 
France,  Spain,  Holland,  and  the  United  States,  with  even  Ireland 
soliciting  to  be  tlic  fifth  Power,  is  so  obvious  to  common  sense,  that 
one  would  think  it  could  not  escape  the  contemplations  of  the 
Ministry. 

There  arc  persons  in  this  kingdom  sufficiently  insane  to  say  that 
they  will  bring  America  to  petition  to  come  again  under  the  Govern- 
naent  of  this  country.     They  will  distress  tlieni  till  they  break  their 


DIPLOMATIC  CORRESPONDENCE.  489 

faith  with  France,  and  then  they  say  "we  will  spurn  them."  If  the 
King  and  Ministry  entertain  such  thoughts,  they  are  weaker  than  I 
ever  thought  them,  and  wickeder  than  anybody  ever  represented 
them.  But  aUhough  insidious  poHcy  is  not  a  novelty  in  this 
country,  I  do  not  beheve  them  capable  of  such  an  excess  of  it  at 
this  time. 

The  true  secret  I  conceive  to  be  a  real  ignorance  and  indecision 
what  to  do.  They  have  discovered  by  their  Newfoundland  bill  and 
Irish  propositions,  a  desire  to  preserve  the  principle  of  the  navigation 
act  against  the  United  States.  Both  these  experiments  have  been 
unfortunate.  The  first  produced  the  Massachusetts  and  New  Hamp- 
shire navigation  acts,  and  the  last  procured  a  defeat  in  the  Parliament 
of  Ireland.  They  are  now  confounded,  and  know  not  whether  to 
persevere  or  to  retreat,  and  I  am  convinced  they  have  agreed 
together  to  observe  a  total  silence  with  me  until  they  shall  come  to 
a  resolution.  This  reserve  they  maintain  to  all  others  as  well  as  to 
me,  lest  any  hints  might  escape  them  by  which  the  various  parties 
who  are  led  by  Shelbume,  Buckingham,  North,  and  Fox,  should 
know  how  to  begin  the  foundation  of  their  oppositions.  They  are 
really  embarrassed,  for  whatever  treaty  they  make  with  us,  must  be 
submitted  to  Parliament,  either  before  it  is  signed,  or  it  must  be  made 
and  signed  expressly  subject  to  the  approbation  or  disapprobation  of 
Parliament ;  and  they  are  at  a  loss  to  guess  what  they  can  carry 
through  Parliament,  knowing  the  talents  of  the  opposition,  and  the 
force  of  national  prejudice  and  passion  in  favor  of  the  navigation 
laws.  They  are  afraid  to  attempt  what  they  know  they  ought 
to  do. 

This  being  the  state  of  things,  you  may  depend  upon  it  the 
commerce  of  America  will  have  no  relief  at  present,  nor,  in  my 
opinion,  ever,  until  the  United  States  shall  have  generally  passed 
navigation  acts.  If  this  measure  is  not  adopted,  we  shall  be  derided, 
and  the  more  we  suffer  the  more  will  our  calamities  be  laughed  at. 
My  most  earnest  exhortations  to  the  States,  then,  are  and  ought  to 
be  to  lose  no  time  in  passing  such  acts.  They  will  raise  our  reputa- 
tion all  over  the  world,  and  will  avail  us  in  treating  with  France  and 
Holland,  as  well  as  England ;  for,  when  these  nations  once  see  us  in 
the  right  way,  united  in  such  measures,  they  will  estimate  more 
highly  our  commerce,  our  credit,  and  our  alliances.  The  question 
has  been  asked  in  France  as  often  as  in  England,  what  have  you  to 


490  JOHN  ADAMS-JOHN  JAY. 

give  in  exchange  for  this  and  that,  particularly,  it  was  a  constant 
question  of  the  Mareschal  de  Castries,  what  have  you  to  give  as  a 
reciprocity  for  the  benefit  of  going  to  our  islands  ?  When  we  have 
once  made  a  navigation  act,  or  shewn  that  we  can  unite  in  making 
one,  we  may  answer,  we  can  repeal  our  act  or  our  imposts  in  return 
for  your  repealing  yours. 

^Vith  regard  to  this  country,  I  confess  to  you  I  never  should  have 
believed,  nor  could  have  imagined,  the  real  situation  of  it,  if  I  had 
not  been  here,  and  resided  here  some  time.  I  never  could  have 
conceived  such  an  union  of  all  parliamentary  factions  against  us, 
which  is  a  demonstration  of  the  unpopularity  of  our  cause.  If  the 
States  do  not  make  haste  to  confine  their  exports  to  their  own  ships, 
and  lay  on  duties  on  British  merchandize,  which  shall  give  a  decided 
advantage  to  our  own  manufactures,  and  those  of  Germany,  France, 
and  other  nations,  it  will  be  to  no  purpose  to  continue  a  Minister 
here,  and  I  am  sure  I  shall  wish  myself  any  where  else  rather  than 
here.  These  are  remedies  which  Congress  and  the  States  can  apply. 
I  should  hope  that  they  will  not  proceed  farther  at  present ;  but  if 
these  are  found  insufiicient,  I  hope  they  will  think  of  proceeding 
farther  in  commercial  treaties  with  other  nations,  and  reserve  the 
resource  of  further  alliances  as  a  last  resort. 

The  drafts  already  made,  and  the  negotiations  in  Barbary,  will 
exhaust  your  little  fund  in  Amsterdam,  and  before  next  March  all 
your  servants  in  Europe  must  return  home  for  want  of  means  even 
of  subsistence  unless  something  is  done.  Our  countrymen  should 
not  expect  that  miracles  will  be  wrought  for  their  relief.  If  their 
affairs  are  not  conducted  with  wisdom  and  activity,  they  will  reap 
most  certainly  the  fruits  of  folly  and  suj)incness. 

Before  I  conclude,  1  will  mention  one  more  extravagance  that  I 
know  is  lurking  in  some  hearts  here.  They  would  willingly 
embarrass  Mr.  Pitt  in  any  rational  j)lan  of  agreement  with  me,  and 
cli(;erfully  precipitate  him  into  war  w  iih  tin;  I'nited  States  if  th<y 
could,  well  knowing  that  it  wcndd  be  his  ruin.  Tli(;y  think,  and  1 
can  add,  they  say,  "  that  Canada  and  Aova  Scotia  nmst  soon  be 
*ours.  There  ujust  be  a  war  for  it.  Th(;y  know  how  it  will  end, 
'  but  the  soon(!r  the  better.  This  done,  we  shall  be  forever  at  peace. 
'Till  then,  never."  But  these  people  do  not  consider  that  this  will 
involve  us  in  uneliangeable  connexions  with  France,  and  j)rove  the 
final  ruin  of  this  country. 


DIPLOMATIC  CORRESPONDENCE.  491 

The  stocks  have  lately  risen  to  sixty-five  and  sixty-six.  Whether 
this  is  owing  to  ]Ministerial  tricks,  or  the  real  affluence  of  money,  it 
will  raise  the  fund  of  pride  and  vanity  in  the  nation  in  a  much  greater 
proportion,  and  make  it  more  difficult  for  the  Minister  to  do  what 
even  he  may  think  right  with  America. 

I  must  conclude  by  repeating  that  my  only  hopes  are  in  the  vu'tue, 
resolution,  and  unanimity  of  my  fellow-citizens. 

With  great  respect,  &;c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  October  25,  1785. 

Dear  Sir, 

The  Crown  of  Great  Britain  has  sometimes  pledged  its  prerogative 
to  relax  the  navigation  act,  but  the  Parliament  and  nation  would  not 
admit  of  it.  By  the  fifteenth  article  of  the  definitive  treaty  between 
Great  Britain  and  Portugal,  signed  at  Lisbon  the  16th  May,  1703, 
"  the  personal  privileges  and  freedom  of  trade  which  the  subjects 
*  of  Great  Britain  and  the  States  of  the  United  Provinces  at  present 
'enjoy  in  Portugal,  the  Portuguese  shall,  in  their  turn,  enjoy  in  the 
'  dominions  of  Great  Britain  and  the  States  of  the  United  Provinces." 
This  you  see  was  a  stipulation  directly  against  the  navigation  act. 
But  although  the  prerogative  of  the  Crown  in  foreign  negotiations  is 
acknowledged  to  be  sovereign,  yet  the  English  contend  that  it  is  not 
sufficient  to  set  aside  an  act  of  Parliament,  and  therefore,  this  article 
has  never  been  complied  with,  and  the  Portuguese  complain  of  it  to 
this  day  as  a  breach  of  faith. 

Sensible  of  this  difficulty,  the  Minister,  I  presume,  will  not  venture 
upon  any  treaty  with  us,  without  either  previously  taking  the  sense 
of  Parliament,  or  making  the  treaty  subject  to  its  subsequent  appro- 
bation ;  either  of  which  measures  will  open  a  boundless  field  of 
argument  and  obloquy.  You  will  not  wonder  that  he  dreads  it. 
He  cannot,  however,  avoid  it.  The  American  intercourse  act 
expires  on  the  5th  of  April,  1786,  and  the  Newfoundland  act 
expires  on  the  25th  of  March,  1786;  and  the  bare  revisal  of  these 
statutes  will  necessarily  bring  on  a  discussion. 

The  Newfoundland  act  is  considered  here  by  some  as  a  mere 
machine  to  try  an  experiment,  to  feel  the  pulse  of  the  House,  and 


492  JOHN  ADAMS-JOHN  JAY. 

to  discover  what  sentiments  were  entertained,  and  what  principles 
would  be  declared  by  the  various  branches  of  opposition ;  and  it  is 
curious  to  observe  the  presence  of  mind  of  the  leaders,  and  the  art 
with  which  they  evaded  the  snare.  They  .showed  plainly  that  they 
were  determined  not  to  be  out-generaled  by  so  young  an  officer. 

On  the  2d  of  February,  1785,  Mr.  Pitt  moved  in  a  Committee  of 
the  Whole  House,  that  leave  be  given  to  bring  in  a  bill  for  cofifining, 
for  a  time  to  be  limited,  the  trade  between  the  ports  of  the  United 
States  of  America  and  his  Majesty's  subjects  in  the  Island  of 
Newfoundland  to  bread,  flour,  and  live-stock,  to  be  imported  in  none 
but  British-built  ships  actually  belonging  to  British  subjects. 

Mr.  Eden,  one  of  the  coalition  men,  seems  not  to  have  been  aware 
of  the  design,  and  declared  at  once  sentiments  which  probably  Mr. 
Pitt  wished  the  whole  opposition  to  avow.  He  wished  "  that  trade 
'  might  not  suffer  by  the  several  restrictions  intended  by  this  measure. 
'  Confining  that  whole  trade  to  British  bottoms  would  narrow  it  much 
'  more  than  most  people  would  imagine.  It  would  divert  it  into 
'  other  channels,  and  ultimately  annihilate  our  colonies  in  that  part 

*  of  the  world.  He  had  always  found  that  to  encourage  commerce, 
'  you  must  treat  it  with  liberality.     The  proposed  bill  threatened  a 

*  very  different  effect ;  and,  therefore,  he  had  thrown  out  these  hints 
'before  the  business  had  assumed  any  shape  more  formal,  in  order 
<  that  those  concerned  in  the  construction  of  the  bill  might  be  on 

*  their  guard." 

^Ir.  Jcnkinson,  whose  opinion  probably  had  influenced  Mr.  Pitt  to 
move  for  so  illiberal  a  bill,  was  aj)prehensive  '"  that  our  navy  would 
'  ultimately  suffer,  unless  every  possible  attention  were  paid  to  the 
'  protection,  extension,  and   encouragement  of  our  shipj)ing.     This 

*  appeared  to  him  an  object  of  infinite  consequence,  and  demanded 

*  the  consideration  and  sanction  of  the  Legislature.  He  should, 
'therefore,  insist  that  in  the  framing  of  this  bill,  the  greatest  care 
'should  be  taken  that  all  our  commerce  in  that  quarter  should  be 
'carried  on  in  British  bottoms  only." 

On  the  4th  of  February,  Mr.  Eden  was  for  moving  to  discharge 
the  order  for  bringing  in  th('  bill.  Mr.  .lenkinson  complained  that 
he  had  been  tnisrepresentcul ;  that  he  meant  to  say  that  there  was 
not,  and  never  had  been  any  law  to  j)revent  ships  coming  from  the 
British  colonies  to  trafle  in  any  part  of  tli(!  globe,  tin;  East  Indies 
only  excepted  by  the  charter  of  the  company. 


DIPLOMATIC  CORRESPONDENCE.  493 

Mr.  Baring  said  it  was  at  his  instigation  that  the  "  Privy  Council 
'  had  been  induced  to  introduce  it  into  Parliament.  Newfoundland 
*  had  suffered  severely  last  year  by  the  want  of  provisions,  because 
'  the  Governor  doubted  whether  he  could  suffer  the  direct  importation 
'of  necessaries  from  America  even  in  British  bottoms.  That  th© 
'settlement  would  continue  to  suffer  many  hardships,  if  Parliament 
'  should  determine  that  they  must  receive  their  supplies  from  Britain 
'  only." 

On  the  7th  of  February  the  bill  was  presented.  Mr.  Eden  seems 
by  this  time  to  have  been  put  upon  his  guard.  He  makes  a  long  and 
conflised  declaration,  seems  very  anxious,  but  gives  no  opinion  clearly 
upon  any  principle ;  yet  one  may  trace,  I  think,  several :  1 .  One  is, 
that  his  chief  claim  was  for  Canada  and  Nova  Scotia,  the  ships  built 
or  owned  in  these  colonies  being  struck  at  and  excluded  by  the  bill  as 
much  as  those  of  the  United  States.  2.  He  seems  averse  to  the 
permission  even  of  bread,  flour,  and  live-stock  to  be  imported  into 
Newfoundland  from  the  United  States  at  all.  3.  He  thinks  this  bill 
will  be  a  precedent  for  the  future  introduction  of  other  bills  relative 
to  Canada,  Nova  Scotia,  and  the  West  India  Islands,  and  for 
excluding  all  their  ships  from  certain  privileges  now  enjoyed  by  them 
in  virtue  of  the  navigation  acts,  and  for  the  importation  into  them  of 
some  articles  of  the  produce  of  the  United  States.  4.  He  thinks  it 
imprudent  to  agitate  the  measure  at  this  time,  because  there  were 
five  treaties  of  commerce  pending,  one  with  America,  another  with 
France,  a  third  with  Spain,  a  fourth  with  Holland,  and  a  fifth  with 
Ireland.  He  thinks  a  treaty  the  best  method,  and  had  even  rather 
that  the  Privy  Council  should  regulate  the  trade  by  proclamation 
than  Parliament  by  bill.  This  is  the  most  sensible  observation  in 
the  whole  debate,  and  it  will  be  curious  to  see  how  they  will  get 
over  it.  An  examination  of  witnesses  at  the  bar,  and  a  debate  in 
the  House  upon  a  bill  or  a  treaty  regulating  the  conmierce  between 
Great  Britain  and  the  United  States,  would  lay  open  all  their  mys- 
teries to  all  their  rivals.  All  the  nations  of  Europe,  and  especially 
those  they  dread  most,  as  well  as  the  citizens  of  the  United  States, 
and  the  inhabitants  of  the  British  colonies  both  on  the  continent  and 
in  the  West  Indies,  would  profit  of  the  information  so  much  that  I 
suspect  that  all  parties  will  be  of  JNIr.  Eden's  mind,  and  authorize 
the  King  to  treat  or  to  legislate  as  he  has  done  by  proclamation. 
The  Irish  are  now  extremely  ignorant  of  America,  and   although 


494  JOHN  ADAMS-JOHN  JAY. 

they  have  a  desire  to  trade  with  us,  they  know  not  liow  to  set  about 
it.  Such  a  debate  would  enlighten  them.  The  inhabitants  of  Canada 
and  Nova  Scotia  have  now  no  idea  of  the  intentions  of  this  country 
towards  them.  In  fact  there  is  nearly  as  much  jealousy  of  them,  of 
their  ships,  seamen,  6sheries,  oil,  rum,  population,  riches,  power,  as 
there  is  of  ours.  Much  of  this  would  appear  in  such  a  debate,  and 
it  would  disgust  and  alienate  those  colonies,  and  excite  in  them  a 
desire  of  independence  and  an  admission  into  the  American  Confed- 
eration. The  French,  Dutch,  Gemians — all  Europe,  in  short — are 
as  yet  ignorant  of  the  nature  of  our  commerce  and  the  means  of 
making  it  profitable  to  themselves.  As  the  debates  in  Parliament 
are  published  in  all  the  foreign  gazettes,  much  light  would  spread 
through  Europe  in  consequence  of  a  parliamentary  discussion,  so 
that  I  doubt  whether  Mr.  Pitt  will  bring  in  any  bill  in  detail,  or  lay 
before  Parliament  any  treaty,  unless  he  can  be  assured  it  will  be 
approved  without  a  discussion.  If  he  does  anything  more  than 
revive  the  intercourse  act  he  will  bring  in  a  bill  to  authorize  the 
Crown  to  make  a  treaty.  Yet  this  has  its  difficulty,  for  the  Crown 
claims  to  be  absolute  in  all  treaties  without  an  act  of  Parliament.  1 
wish  with  all  my  soul  there  may  be  an  ample  parliamentary  inquiry 
and  debate,  because  it  would  operate  much  to  the  honor  and  benefit 
of  the  United  States  through  the  world ;  but  I  suspect  they  will  be 
too  cunning  to  venture  upon  it. 

INfr.  Eden  moved  to  discharge  the  order  of  2d  February,  for 
bringing  in  the  bill. 

Mr.  J(Mikinson  defended  the  tltl(>  of  the  bill,  and  made  a  long  speech, 
in  which  there  is  nothing  worth  rcmiftking,  excepting  that  Canada  and 
^ova  Scotia,  instead  of  wanting  the  same  articles  as  Newfoundland, 
i.  e.,  bread,  four,  and  live-stock,  were  rivals  of  the  American  States 
in  the  exportation  of  them.  This  was  .so  gross  that  it  shocked  even 
Lord  North.  All  the  rest  of  Mr.  Jenkin.son's  speech  seemed  to  be 
merely  calculated  to  sound  the  principles  of  opposition. 

Lord  North  seconded  Ed<'n's  motion  ;  but,  more  exjiericnced  and 
cunning  than  the  otiuT,  he  dctcnuincs  that  nothing  shall  he  drawn 
out  of  him  hut  mischief.  Hi-  should  now  conrine  himself  to  the 
title.  Wlieu  the  hifl  raiue  up  he  would  more  iiuttnrtlij  rrfrrt  on  the 
suhjcct,  and  give  his  opinion  accordingly/.  Tiie  hill  was  merely 
preparatory  to  many  more.  It  would  be  necessary  to  have  one,  if 
this  passed,  for  Canada,  another  for   the  West  Lidies,  Nova  Scotia, 


DIPLOMATIC  CORRESPONDENCE.  495 

Quebec,  he.  His  Lordship  would  not  even  affirm  or  deny  what 
]Mr.  Jenkinson  had  thrown  out,  viz :  that  Canada  and  Nova  Scotia 
were  rivals  of  the  American  States.  But  lumber  was  the  principle 
article  they  exported,  and  what  need  had  Newfoundland  of  lumber? 
And  would  not  the  expression  "  his  INIajesty's  European  dominions" 
alarm  Ireland,  our  great  neighbor  and  jealous  sister?  This  was  a 
tender  string.  The  Irish  Parliament  might  think  they  had  a  right 
to  be  consulted.  They  might  consider  the  bill  as  a  law  made  by 
the  Parliament  of  Great  Britain  for  the  regulation  of  the  trade  of 
Ireland,  notwithstanding  the  declaration  that  she  has  no  power. 

Lord  North's  aim,  in  short,  was  very  plain  to  excite  as  many 
parties  and  questions  as  possible,  and  reserve  to  himself  a  full  liberty 
to  join  any  party  and  take  any  side  which  should  afterwards  appear 
to  be  against  the  Minister. 

Mr.  Pitt  is  evidently  disappointed.  He  had  missed  his  aim.  He 
had  drawn  out  no  declarations,  principles,  or  opinions.  He  quarrels 
with  Lord  North  for  attempting  to  stir  up  rebellion  in  Ireland,  and 
with  Eden  for  not  discussing  the  navigation  act,  and  shewing  how  it 
applied  to  the  bill. 

INIr.  Pitt  was  as  reserved  as  Lord  North ;  and  even  Lord  North 
afterwards,  that  he  might  be  completely  equivocal,  retracts  what  he 
had  said  about  Ireland,  and  denies  that  he  had  objected  to  the  words 
"his  IMajesty's  European  dominions." 

On  the  8th  of  February,  ]Mr.  Fox  thought  the  bill  affected,  in  a 
very  particular  manner,  the  commercial  regulations  of  this  country. 
He  did  not  perfectly  understand  whether  it  was  to  be  a  restraining 
or  an  opening  bill.  The  alteration  agitated  was,  perhaps,  one  of  the 
most  important  ever  proposed  in  Parliament.  Some  gentlemen 
apprehended  it  went  too  far,  while  others  are  of  opinion  that  it  was 
too  circumscribed,  and  ought  to  proceed  to  a  greater  extent.  It 
ought  not  to  be  hurried.  To  accommodate  every  description  would, 
he  presumed,  be  the  aim  of  those  who  countenanced  such  a  propo- 
sition, &ic.  This  last  was  a  very  just  observation,  for  the  bill  is 
manifestly  calculated  to  do  a  little  to  please  all  parties,  but  not 
enough  for  any  one  to  satisfy  it.  It  was  contrived  so  on  purpose  to 
draw  out  the  principles  and  arguments  of  all  sides,  but  the  cunning 
of  the  parliamentary  leaders  defeated  its  effect. 

Watson,  the  Alderman,  said  the  merchants  were  exceedingly 
anxious  to  know  whether  or  not  they  were  to  send  out  provisions 


496  JOHN  ADAMS-JOHN  JAY. 

and  other  articles  to  Newfoundland  from  Britain.  On  the  other 
hand,  it  was  verily  an  important  question  whether  the  provisions  of 
the  bill  were  confomiable  to  the  navigation  act  or  not. 

On  February  9th,  Watson  moved  for  the  examination  of  the 
witnesses,  but  it  was  postponed. 

On  the  14th  February,  Mr.  Pitt  opposes  the  examination  of 
witnesses  as  unnecessary,  highly  imprudent,  and  improper. 
,  Watson  wanted  witnesses  to  prove  the  inefficacy  and  inexpediency 
of  the  bill.  It  was  sending  a  trade  where  it  was  unmerited,  (?".  e., 
as  I  suppose,  to  the  United  States,)  and  taking  it  out  of  those 
hands  in  which  it  would  be  serviceable  to  the  country,  (/.  e.,  as  I 
suppose,  out  of  the  hands  of  the  inhabitants  of  Canada  and 
Nova  Scotia.)  The  bill  was  unnecessary.  Quebec  could  supply 
Newfoundland — if  not,  England  could ;  and  the  trade  of  Great 
Britain  and  her  colonies  should  not  be  delivered  over  to  a  foreign 
Power.  That  the  average  prices  of  bread  and  flour  in  Great  Britain 
had  been  considerably  cheaper  than  at  Philadelphia,  or  any  other 
part  of  the  United  States  of  America,  for  a  stated  number  of  years. 

INIr.  Cmger  gave  Watson  a  direct  contradiction.  If  no  other 
sources  of  supply  were  open  to  Newfoundhmd  than  Quebec,  they  must 
starve.  He  reproaches  Watson  with  interested  views,  and  aiming 
at  a  monopoly.  That  Quebec  was  supplied  last  year  from  Phila- 
delphia. Bristol  and  other  ports  in  England  had  supplied  Quebec 
in  time  of  war. 

Lord  North  observed,  as  there  appeared  two  assertions  in  contra- 
diction, one  averring  that  Quebec  was  equal  to  the  business  of 
supplying  Newfoundland,  the  other  precisely  the  contrary,  it  was 
necessary  to  proceed  to  a  more  minute  investigation,  and  to  an 
exaiuiuation  of  witnesses. 

Mr.  lloUsworth  said  tlie  bill  was  a  kind  of  compromise  between 
the  merchants  of  London,  Poole,  and  Dartmouth,  and  the  merchants 
of  Canada.  INlr.  Fox  denied  it  to  bu  a  compromise,  because  one 
party  was  satisfied  and  the  other  discontented.  He  was  for  a 
hearing  at  the  bar,  and  hoped  Admiral  Campbell's  evidence  would 
have  weight. 

Mr.  Jenkinson  avowed  that  the  evi<lencc  before  the  Privy  Council 
had  been  flatly  contradictory,  and  that  the  bill  was  merely  an 
experiment  to  pass  a  temporary  measure,  to  quiet  the  minds  of  all 
conc<riied  for  seven  months,  leaving  tl)e  subject  open  for  subsequent 


DIPLOMATIC  CORRESPONDENCE.  497 

and  more  serious  deliberation.  That  Canada  had  one  year,  ten 
years  ago,  exported  vast  quantities  of  flour,  but  from  that  time  had 
been  obhged  to  send  to  Philadelphia  to  buy  provisions.  That,  in 
fact,  Quebec  was  not  a  flour  country. 

Mr.  Pitt  presumed  that  an  unlimited  intercourse  between  the 
United  States  and  America  was  not  prohibited  by  any  known 
statute.  If  no  bill  passed,  a  much  larger  field  of  competition  would 
remain  open,  which  would  operate  in  a  greater  degree  to  the 
prejudice  of  the  merchants  of  London,  Poole,  and  Dartmouth,  and 
those  of  Canada.  It  is  worth  while  to  remark  here  an  awkward 
endeavor  to  give  the  name  o(  America  to  Canada  and  Nova  Scotia. 
We  may  hear  more  of  this  hereafter. 

Eden  wanted  to  prove  that  Quebec  was  this  year  able  to  supply 
the  fisheries  at  half  the.  price  paid  last  year.  If  Quebec  was  not 
to  be  a  flour  country,  her  prospect  was  melancholy  indeed ;  for  the 
disgraceful  destruction  of  all  her  hopes  of  the  fur  trade,  by  the 
provisional  articles,  had  left  her  without  any  other  resource. 

He  contended  that  there  was  not  at  present  any  trade  legally  subsisting 
between  the  United  States  and  the  Colonies.    He  hadmany  objections : 

1st.  The  scarcity  would  be  increased  by  the  uncertainty. 

2d.  The  freights  of  the  British  merchant  would  be  lessened,  and 
the  price  of  his  fish  must  be  raised. 

3d.  Facilities  would  be  given  to  smuggling. 

4th.  It  was  quitting  the  old  policy,  and  encouraging  a  resident 
inhabitancy  of  Newfoundland. 

5th.  He  was  unwilling  to  introduce  systems  by  act  of  Parliament 
contrary  to  that  monopolizing  system,  which,  however  described  by 
theoretical  writers,  must  be  considered  as  the  rock  of  salvation  to 
this  country,  under  the  pressure  of  all  her  debts  and  taxes. 

Lord  North  said  it  was  always  the  admitted  system  of  colonial 
policy,  that  the  mother  country  should,  as  far  as  possible,  monopolize 
the  supplying  of  her  colonies,  that  whenever  a  necessity  arose  of 
deviating  from  this  principle,  the  onus  probandi  lay  on  those  who 
alleged  such  necessity  to  subsist. 

Mr.  J.  Luttrell  said  that  monopolies  had  always  been  prejudicial 
to  Newfoundland.  It  was  requisite  that  every  source  of  supply 
should  be  opened. 

Mr.  Watson  said  (falsely  however)  that  France  had  done  the  direct 
contrary  to  that  which  the  bill  proposed,  in  respect  to  her  West 
Vol.  II 32 


498  JOHN  ADAMS— JOHN  JAY. 

India  Islands ;  that  the  bill  would  be  the  means  of  bringing  rum  to 
Newfoundland  distilled  from  French  molasses,  and  that  it  would  be 
impossible  to  prevent  its  being  smuggled ;  that  unless  the  English 
had  a  market  for  their  rum,  the  estates  in  the  West  Indies  could  not 
be  worked.  Here,  I  presume,  one  principal  secret  comes  out.  The 
principal  motive  of  the  bill  was  to  exclude  New  England  rum  from 
Newfoundland.  This  rum,  distilled  in  the  United  States  out  of 
French  molasses,  is  considered  as  benefitting  two  rivals  at  once,  and, 
therefore,  we  do  not  see  any  man  of  any  party  in  this  debate  even 
hinting  any  thing  in  favor  of  it. 

Mr.  Beaufoy,  who  is  supposed  to  be  in  the  confidence  of  Mr.  Pitt, 
closes  this  debate  in  a  long  speech,  which  contains  more  argument 
and  more  knowledge  of  the  subject  than  all  the  rest.  His  first 
argument  is  that  the  bill,  upon  Watson's  own  ground,  is  peculiarly 
formed  to  defend  the  interests  of  the  West  India  Islands,  and 
protect  their  commerce,  because  it  narrows  and  circumscribes  the 
intercourse  between  the  United  States  and  Newfoundland.  He  does 
not  speak  out  like  Watson,  but  he  means  that  New  England  rum  is 
excluded  by  the  bill. 

His  next  argument  is  that  the  bill  is  expedient,  because  the 
intercourse  without  it  would  be  unlimited,  as  the  custom-house 
ofTicers  at  Newfoundhuid  had  then  no  right  to  demand  a  manifest  or 
certificate  from  a  vessel  arriving  from  a  foreign  port,  and  the  United 
States  were,  by  proclamation  and  treaties,  known  to  be  foreign  ports, 
British  treaties  being  laws  of  the  land. 

He  next  examines  Watson's  maxim,  that  all  intercourse  between 
the  United  States  and  Newfoundland  should  be  strictly  prohibited, 
lest  it  should  be  the  means  of  introducing  the  ruin  of  New  England 
as  a  rivil  of  West  India  rum;  and  he  shews  that  the  loss  to  the 
islands  can  be  but  trifling,  compared  with  the  loss  to  the  fisherman, 
if  the  intercourse  should  be  proMliitcd. 

He  asserts  that  the  fisherman  can  have  no  resource  in  Nova 
Scotia,  which  docs  not  produce  a  sufiiciency  of  food  for  its  own 
people,  but  depends  for  supply  on  the  l.^nitcd  States.  Canada,  for 
some  years,  can  be  no  resource;  besides  that,  the  (lulf  of  St.  Law- 
rence in  winter  and  spring,  when  the  wants  of  Newfoundland  are 
greatest,  is  bound  up  in  frost.  The  occupation  of  fishermen  is  of 
little  benefit  to  themselves,  but  (if  infinite  advantage  to  their  country ; 
miserable,  at  the  best  of  times,  is  the  subsistence  they  obtain,  but 
valuable,  indeed,  are  the  returns  they  make  to  the  kingdom — not  less 


DIPLOMATIC  CORRESPONDENCE.  499 

than  half  a  million  a  ye^ir — though  this  forms  but  a  small  part  of 
their  importance ;  for,  next  to  the  coasting  trade,  theirs  is  the  greatest 
nursery  for  seamen ;  hundreds  of  new  men  are  sent  out  to  this  school 
every  year. 

Allow  your  fishermen,  says  he,  the  right  of  purchasing  their  corn 
at  a  fair  market,  instead  of  that  of  a  monopolist,  and  you  will  find 
that  as  far  as  foreign  markets  are  concerned,  they  will  soon  be  estab- 
lished on  the  ruins  of  every  other.  The  French  have  never  more 
than  supplied  the  consumption  of  their  own  market.  (He  should 
have  known  that  they  have  never  done  this ;  they  have  never  sup- 
plied their  own  West  Indies,  and  that,  whenever  by  British  folly 
they  shall  be  enabled  to  do  it,  they  will  easily  establish  their  fishery 
on  the  ruins  of  that  of  Great  Britain.)  The  Americans,  excluded 
from  the  West  Indies,  find  their  fisheries  rapidly  declining,  having  no 
other  considerable  market  for  their  damaged  fish.  They  must  advance 
the  price  of  their  best  fish  so  far  that  they  cannot  long  contest  with 
us  the  possession  of  the  Spanish  or  Italian,  or  any  other  foreign 
market.  The  American  fishermen  are  seeking  a  refuge  from  poverty 
in  the  dominions  of  Britain.  But  if  we  consign  our  fisheries  to  the 
avarice  of  the  monopolist,  they  will  fly  from  distress  to  other 
employments  or  other  employers. 

I  have  attempted  this  hasty  abridgment  of  the  debate  because  it 
deserves  the  critical  attention  of  every  man  in  America.  The 
United  States  may  learn  from  it  their  own  duty.  The  cunning  both 
of  Administration  and  Opposition  restrained  them  from  opening 
fairly  their  opinions.  But  thus  much  appears  too  plainly,  viz :  That 
no  man  of  any  party  had  the  courage  to  declare  himself  for  an  open, 
free,  and  unlimited  trade  between  the  United  States  and  any  of  the 
British  dominions  in  America.  Mr.  Pitt,  and,  indeed,  the  Adminis- 
tration at  the  head  of  w4iich  he  is,  declare  themselves  against  a  total 
prohibition  of  intercourse ;  but  they  have  discovered  by  this  bill  an 
inclination  to  confine  it  to  so  few  articles,  and  to  exclude  so  many 
others,  that  the  United  States  can  never  consent  to  the  plan,  but 
must  prohibit  in  their  turn  the  few  articles  and  the  narrow  intercourse 
permitted  by  the  English. 

In  short,  sir,  every  article  which  can  support  a  shipwright,  a  ship, 
a  seaman,  a  whaleman,  a  codfisherman,  a  ruin  distillery,  or  a  sugar- 
house,  appears  to  be  struck  out  with  the  malice  of  murderers,  and  a 
settled  plan  to  dupe  us  out  of  all  our  carrying  trade.  The  carriage 
of  our  own  produce,  as  well  as  theirs,  appears  to  have  been  decidedly 


500  JOHN  ADAMS- JOHN  JAY. 

adopted  by  the  present  Ministry ;  but  no  party,  no  man,  has  yet 
dared  to  declare  himself  of  another  opinion. 

If  the  United  States  submit  to  it,  they  will  deserve  to  be  the 
,  contempt  of  the  world  and  of  posterity.  The  Massachusetts  and 
New  Hampshire  have  done  themselves  great  honor  all  over  Europe 
by  the  proofs  they  have  given  of  their  feelings  and  intelligence  ;  and 
I  hope  they  will  persevere  in  their  acts,  even  although  they  should 
stand  alone,  and  be  supported  by  similar  acts  in  no  other  State. 
This,  however,  is  in  Europe  universally  supposed  to  be  impossible  ; 
it  is  universally  expected  that  most  of  the  other  States  will  do  the 
same  immediately,  and  all  of  them  ere  long. 

I  know  not,  sir,  what  Mr.  Temple  may  have  authority  to  say  to 
Congress,  but  I  hope  they  will  not  be  lulled  by  any  general  expres- 
sions of  good  will.  I  know,  sir,  that  there  is  an  absolute  impossibility 
of  our  obtaining  a  reasonable  relief  to  our  commerce  from  this  country. 
There  is  no  other  question  left  for  us  to  detennine  than  this :  Will 
you  see  all  your  shipping,  seamen,  and  commerce  taken  from  you, 
and  become  a  nation  of  mere  husbandmen,  fleeced  almost  at  pleasure 
by  rapacious  foreign  factors,  or  will  you  be  your  own  carriers? 
Tiireats,  prophecies,  reasonings,  with  whatever  delicacy  or  skill  they 
might  be  urged,  even  although  yourself,  sir  were  here  to  enforce 
them,  would  have  little  effect.  The  deed  must  be  done.  You  must 
prohibit  and  exclude  in  your  turn,  and  confine  your  exports  to  your 
own  ships,  or,  at  least,  exclude  the  ships  of  Great  Britain.  When 
they  actually  see  six  or  seven  hundred  of  their  own  ships  thrown  out 
of  their  employ,  they  will  begin  to  consider  how  their  navigation  is 
affected.  iSobody  doubts  the  ability  of  every  State  from  Maryland, 
inclusively,  northward,  to  furnish  ships  for  its  own  exports;  and  if 
the  States  to  the  southward  of  Chesapeake  cannot  procure  ships 
immediately,  the  other  States  will  soon  be  able  to  furnish  them. 
Nothing  will  ever  be  done  here  until  this  measure  is  adopted  by  the 
UniKid  States.  If  the  Ministry,  in  the  next  winter  session,  should 
bring  in  a  bill  upon  such  a  plan  as  America  desires,  they  would 
not  be  able  to  carry  it  through  l*arliament.  Wjjy?  Because  the 
national  jjrejudicc  in  favor  of  their  navigation  acts  is  so  strong,  and 
the  n(!cessity  of  relaxing  it  does  not  appear;  on  the  contrary,  they 
tliink  it  certain  there  is  no  necessity,  iu'cause  wc  cannot  unite  in 
laws  and  measures  which  would  make  one. 

By  the  JK'St  judgment  I  can  form,  the  posts  upon  tli(;  frontiers  will 
Bcver  be  evacuated,   nor  liie  Maryland  slock  recovered,  nor  the 


DIPLOMATIC  CORRESPONDENCE.  501 

Rhode  Island  demand  satisfied,  nor  the  negroes  paid  for,  while  there 
remains  in  force  a  vote  of  any  Assembly,  suspending  process  for  the 
recovery  of  British  debts. 

With  great  and  sincere  esteem,  Sic,  JOHN  ADAMS. 

P.  S.  Enclosed  are  the  American  intercourse  act  and  the  New- 
foundland and  American  trade  act. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  October  27,  1785. 

Dear  Sir, 

Yesterday  at  the  levee  at  St.  James's,  the  Marquis  of  Caermarthen 
came  to  me  and  told  me  that  he  should  deliver  those  papers  I  had 
communicated  to  him  relative  to  the  correspondence  between 
Governor  Bowdoin  and  Captain  Stanhope  to  Lord  Howe,  in  whose 
department  it  was  to  consider  such  things.  His  Lordship  added  that 
he  thought  some  of  the  letters  extremely  improper  in  a  captain  of  a 
man-of-war  to  a  Governor,  and  that  he  had  carefully  examined  the 
letters  of  the  Governor  to  see  if  there  was  anything  which  could  have 
given  occasion  to  them  or  excused  them  ;  but  that  he  could  find 
nothing.  I  suppose  from  this  information,  that  the  Captain's  letters 
will  be  disproved  at  Court,  as  they  are  generally  by  men  of  sense, 
although  some  of  John  Bull's  children,  who  cannot  or  will  not 
distinguish  between  ill  nature  or  ill  manners  and  spirit,  applaud 
them. 

With  great  regard,  I  have  the  honor  to  be,  &;c., 

JOHN  ADAMS. 


FROM   JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  December  5,  1785. 

Dear  Sir, 

1  cannot  omit  this  opportunity  of  transmitting  to  you  a  copy  of 
an  act  of  Congress  respecting  Mr.  Temple.  It  appears  to  me  to  be 
a  proper  one.  In  my  opinion,  our  public  conduct  should  be  just 
and  liberal  on  the  one  hand,  but  firm  and  decided  on  the  other. 

I  have  the  honor  to  be,  &ic.,  JOHN  JAY. 


502  JOHN  ADAMS-JOHN  JAY. 

Extract  from   the  Secret  Journal  of  Foreign  Affairs,  December 

22,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  his  letter  of  the  24th  November, 

to  his  Excellency  the  President,  with  Mr.  Temple's  commission, 

having  reported : 

That  John  Temple,  Esquire,  has  presented  to  the  United  States 
in  Congress  assembled,  a  commission  in  due  form,  bearing  date  the 
5ih  day  of  February  last,  from  his  Britannic  Majesty,  constituting 
and  appointing  him  the  Consul  General  of  his  said  Majesty  in  these 
States :  That  there  is  as  yet  no  commercial  treaty  or  convention 
subsisting  between  liis  Britannic  Majesty  and  the  United  States, 
whereby  either  have  a  perfect  right  to  establish  Consuls  in  the 
dominions  of  the  other,  but  that  amicable  negotiations  for  that  and 
other  reciprocal  privileges  are  now  depending :  That  although  the 
issue  of  those  negotiations  is  as  yet  uncertain,  it  will  nevertheless  be 
proper  for  the  United  States,  on  this  and  every  other  occasion,  to 
observe  as  great  a  degree  of  liberality  as  may  consist  with  a  due 
regard  to  their  national  honor  and  welfare :  Therefore, 

Resolved,  That  the  said  John  Temple,  Esquire,  be,  and  he  is 
hereby,  received  and  recognized  as  Consul  General  of  his  Britannic 
Majesty  throughout  the  United  States,  and  that  his  commission  be 
registered  in  the  Secretary's  office. 

Resolved,  That  all  the  privileges,  preeminences,  and  authority, 
which  the  law  of  nations  and  of  tiie  land  give  to  a  Consul  General 
received  by  the  United  States  from  any  nation  with  whom  they  have 
no  commercial  treaty  or  convention,  are  due  to  the  said  John 
Temple,  and  shall  be  enjoyed  by  him. 

Ordered,  That  certified  copies  of  the  above  resolutions  be  trans- 
mitted to  the  Executives  of  the  different  States  for  their  information. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  fur  Foreign  Affairs ,  Jnrmnry  2,  1786. 

Sir, 

1  have  the  honor  of  transmitting  to  you,   herewith   enclosed,   a 

copy  of  a  letter  of  the  21st  December,   from  Mr.  'J'emj)le  to  me, 

which  I  laid  before  Congress.     They  have  been  pleased  to  direct 

that  you  communicate  it  to  his  Britannic  Majesty ;  that  you  inform 


DIPLOMATIC  CORRESPONDENCE.  503 

him  that  the  complaint  stated  in  it,  being  in  general  terms,  and 
unsupported  by  any  particular  facts  or  evidence,  they  do  not  think  it 
necessary  or  proper  to  take  any  measures  in  consequence  of  it ;  and 
that  you  assure  him  that,  as  it  is  their  determination  the  treaty  of 
peace  shall  be  punctually  observed  by  their  citizens,  and  that  his 
Majesty's  subjects  shall  enjoy  here  all  the  rights  which  friendly  and 
civilized  nations  claim  from  each  other ;  so  they  will  always  be  ready 
to  hear  every  complaint  which  may  appear  to  be  well  founded,  and  to 
redress  such  of  them,  as  on  investigation  shall  prove  to  be  so. 

This  communication  will  give  you  an  opportunity  of  remarking, 
that  the  office  of  Consul  General  does  not  extend  to  matters  of  this 
kind,  neither  the  rights  of  commerce  nor  of  navigation  being  in 
question,  and,  therefore,  that  it  was  delicacy  towards  his  Majesty, 
rather  than  a  sense  of  the  propriety  of  such  an  application  from  a 
Consul  General,  which  induced  Congress  to  treat  it  with  this  mark 
of  attention. 

It  would,  perhaps,  be  well  to  pursue  the  subject,  to  intimate  the 
expediency,  as  well  as  propriety,  of  sending  a  Minister  here,  and  if 
circumstances  should  so  dictate,  to  accompany  it  with  assurances 
that  Congress  expect  a  Minister,  and  are  ready  to  receive  and  treat 
him  in  a  manner  consistent  with  the  respect  due  to  his  sovereign. 

The  advantage  alluded  to  in  one  of  your  letters,  if  no  other, 
would  result  from  such  an  appointment,  viz :  That  the  British  Court 
would  then  probably  receive  a  more  accurate  representation  of  affairs 
in  this  country  than  they  are  at  present  supplied  with  by  men  who 
write  and  speak  more  as  their  wishes  and  feelings  than  as  truth  and 
knowledge  dictate. 

I  have  the  honor  to  be,  &;c.,  JOHN  JAY. 

P.  S.  Your  letters  of  the  following  dates  are  received,  viz:  15th, 
17th,  21st,  25th,  and  27th  October  last. 


Report  of  Secretary   Jay   relative    to   the   execution   of  Ofjicial 
duties  in  Great  Britain. 

Office  for  Foreign  Affairs,  January  31,  1786. 
The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  his  letter  of  28th  December,  1785, 
enclosing  Mr.  Adams's  of  the   15th,  17th,  21st,  25th,  and  27th 
October  last,  reports,  That,  in  his  opinion,  it  should  be 


504  JOHX  ADAMS-JOHN  JAY. 

Resolved,  That  Congress  approve  of  the  maimer  m  which  Mr. 
Adams  appears,  from  his  several  letters,  to  iiave  executed  the  duties 
of  his  legation  to  the  Court  of  Great  Britain,  and  that  they  are 
greatly  pleased  \\  ith  the  diligence,  attention,  and  intelligence  he  has 
manifested  therein. 

Resolved,  That  ways  and  means  should  be  seasonably  devised  for 
placing  such  further  funds  in  Europe  as  will  probably  be  necessary, 
as  well  for  the  support  of  the  public  servants  there  as  for  supplying 
any  deficiency  in  the  sum  appropriated  for  the  negotiations  with  the 
Barbary  Powers. 

Ordered,  That  this  resolution  be  referred  to  the  Treasury  to 
report. 

From  the  tenor  and  complexion  of  all  iNIr.  Adams's  letters,  it 
appears  evident  to  your  Secretary — 

1st.  That  general  and  full  powers  to  regulate  the  trade  of  the 
United  States,  both  foreign  and  domestic,  should  be  vested  in 
Congress. 

2d.  That  the  United  States  should  be  put  in  a  very  respectable 
posture  of  defence,  by  forming  ample  magazines  of  military  stores, 
and  by  having  a  considerable  part  of  the  militia  always  well  prepared 
to  take  the  field. 

3(1.  That  proper  measures  should  be  devised  to  cause  a  punctual 
compliance  with  and  payment  of  the  requisitions  of  Congress,  and 
to  prevent  unconstitutional  dismemberments  of  any  of  the  States ; 
which  manifestly  tending  to  weaken  the  force  and  impair  the  Union 
by  creating  domestic  contention,  and  aiibrding  objects  for  foreign 
manoeuvres,  are  highly  impolitic. 

4th.  That  Mr.  Jefferson  should  be  directed  to  communicate  to 
the  Court  of  France  the  exact  state  of  the  United  States  with  Great 
Britain  relative  to  the  jx)sts,  to  urge  the  guarantee  of  France  as  a 
reason  for  their  friendly  interference,  and  to  ascertain  how  far  the 
United  States  may  expect  his  most  Christian  Majesty's  good  ofiices 
and  aid  on  that  subject. 

5th.  That,  pursuant  to  the  8ih  article  in  tlie  treaty  with  France, 
it  would  hi'.  pr()j)or  to  request  his  most  Christian  Majesty's  good 
offjces  with  the  Barbary  Powers  to  promote  tlu;  present  negotiations 
with  them. 

Your  Secretary  is  also  induced  to  believe,  as  well  from  conversa- 
tions with  Mr.  (jardoqui  as  from  Mr.  (^armichael's  letter,  that  Spain 
would,  if  applied  to,  very  sincerely  endeavor  to  exert  her  influence 


DIPLOMATIC  CORRESPONDENCE.  505 

with  the  Emperor  of  INIorocco  in  favor  of  the  United  States.  Where- 
fore, he  thinks  that  appHcation  should  be  made  to  his  CathoHc 
Majesty  for  that  purpose. 

Your  Secretary  sees  many  good  consequences  that  might  result 
from  communicating  Mr.  Adams's  letters  to  the  Executives  of  the 
different  States,  and  accompanying  them  with  a  letter  from  Congress 
urging  the  necessity  of  ordering  all  the  general  concerns  of  the  Union 
by  a  stable,  well-digested  system ;  and  to  that  end  of  delegating 
such  powers  as  may  be  adequate  to  the  great  objects  of  duly  regu- 
lating tlie  commerce,  protecting  the  Union,  and  of  drawing  forth  and 
directing  its  resources,  both  of  wealth  and  power,  as  exigencies  may 
require.  Your  Secretary,  nevertheless,  has  great  doubts  of  the 
prudence  of  communicating  JMr.  Adams's  letters,  lest  copies  of  them 
should  return  to  England,  and  place  him  there  in  a  situation  neither 
agreeable  to  hunself  nor  advantageous  to  the  public. 

Your  Secretary  has  reason  to  believe  that  too  much  of  their 
contents  has  already  slipped  out,  he  having  been  lately  told  by  a 
person  who  ought  not  to  have  had  such  information  that  Mr.  Adams 
had  written  that  the  situation  of  the  British  debts  was  made  an 
objection  to  the  evacuation  of  our  posts.  He  is,  however,  of  opinion 
that  a  letter  from  Congress,  cautiously  stating  the  general  state  of 
our  affairs,  and  strongly  impressing  the  necessity  of  efficiency  and 
^^gor  in  the  Federal  Government,  would  be  very  expedient. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 

Report  of  John  Jay  on  a  reference  of  his  Report  of^Xst  January 

last. 

Office  for  Foreign  Affairs,  March  22,  178G. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  his  report  of  31st  January  last  on 
certain  letters  from  Mr.  Adams,  in  order  that  he  might  prepare 
drafts  of  the  instructions  therein  proposed,  reports : 
That,  in  his  opinion,  the  Minister  Plenipotentiary  of  the  United 

States  at  the  Court  of  Versailles  should  be  instructed  in  manner 

following,  viz: 

Sir, 
It  is  the  pleasure  of  Congress  that  you  represent  to  his  most 
Christian  Majesty  that,  by  the  eleventh  article  of  the  treaty  of 


506  JOHN  ADAMS-JOHN  JAY. 

alliance   bet\v-een   his  said  Majesty  and    the   United   States,  they 
guaranty  to  each  other  as  follows : 

The  two  parties  guaranty,  mutually,  from  the  present  time  and 
forever,  against  all  other  Powers,  to  wit :  The  United  States  to  his 
most  Christian  Majesty  the  present  possessions  of  the  Crown  of 
France  in  America,  as  well  as  those  which  it  may  acquire  by  the 
future  treaty  of  peace ;  <ind  his  most  Christian  Majesty  guaranties 
on  his  part  to  the  United  States  their  liberty,  sovereignty,  and  inde- 
pendence, absolute  and  unlimited,  as  well  in  matters  of  government 
as  commerce,  and  also  their  possessions,  and  the  additions  or  conquests 
that  their  Confederation  may  obtain  during  the  war  from  any  of  the 
dominions  now  or  heretofore  possessed  by  Great  Britain  in  North 
America,  conformable  to  the  fifth  and  sixth  articles  above  wi'itten  ;  the 
whole,  as  their  possessions,  shall  be  fixed  and  assured  to  the  said  States 
at  the  moment  of  the  cessation  of  their  presentwar  with  England. 

That  the  United  States  consider  all  the  countries,  dominions,  and 
territorial  rights  ascertained  and  assured  to  them  at  the  conclusion  of 
the  late  war  by  the  treaty  of  peace  between  them  and  Great  Britain 
to  be  comprehended  within  the  terms  and  the  true  intent  and  meaning 
of  the  said  guarantee. 

That  among  other  obstacles  to  their  full  and  perfect  enjoyment  of 
the  said  countries  and  territorial  rights,  Great  Britain  continues  to 
withhold  from  them  the  possession  of  their  frontier  posts  and  places 
occupied  by  them  during  the  late  war  within  the  boundaries  of  the 
United  States,  as  ascertained  and  fixed  by  the  said  treaty  of  peace, 
although  by  the  seventh  article  of  the  said  treaty  it  was  stij)ulated 
and  agreed  that  his  Britannic  Majesty  should,  with  all  convenient 
speed,  withdraw  all  his  armies  and  garrisons  from  the  said  United 
States,  and  from  every  post  and  place  within  the  same,  &ic.  Tiiat, 
as  near  three  years  have  since  elapsed,  the  United  States  consider 
the  detention  of  those  posts  and  places  as  being  contrary  to  the 
terms  of  the  treaty  and  inconsistent  with  the  good  faith  with  which 
it  ought  to  have  l)een  observed. 

That  they  have,  by  their  Minister  at  the  Court  of  London, 
retnoiistrated  to  liis  Britannic  Majisty  on  this  suhjucl ;  but  that  no 
satisfactory  answer  has  as  yet  Jjeen  given  to  then). 

'i'hat  from  the  defensive  state  in  which  those  posts  and  places  arc 
kept,  as  well  as  from  the  number  of  forf;es  stationed  in  the,  I^rovincc 
of  (Quebec,  the  intention  of  his  Britannic  Maj<.'sly  to  evacuate  them 
has  become  problematical. 


DIPLOMATIC  CORRESPONDENCE.  507 

That  being  thus  circumstanced,  the  United  States  think  it  their 
duty  to  lay  these  facts  before  their  good  friend  and  ally,  and  to 
request  that,  in  the  first  instance,  he  will  be  pleased  to  join  with 
them  in  making  such  further  remonstrance  to  his  Britannic  Majesty, 
as  it  is  to  be  hoped  may  render  any  less  pacific  proceedings  unne- 
cessary. 

That  the  confidence  which  the  United  States  repose  in  the  justice 
and  good  faith  of  his  Majesty,  leaves  them  no  room  to  doubt  of  his 
readiness  to  join  with  them  in  the  measure  proposed,  and,  therefore, 
that  they  have  instructed  their  INIinister  at  the  Court  of  London,  as 
soon  as  he  shall  be  informed  thereof,  to  confer  freely  and  fully  with 
his  Majesty's  Minister  at  the  same  Court,  and  in  concert  with  him, 
to  make  such  remonstrance  on  the  subject  to  his  Britannic  IMajesty 
as  they  may  jointly  think  most  expedient  and  conformable  to  their 
respective  instructions. 

It  is  also  the  pleasure  of  Congress  that  you  represent  to  his  most 
Christian  INIajesty, 

That,  by  the  8th  article  of  the  treaty  of  amity  and  commerce 
subsisting  between  him  and  the  United  States,  it  is  stipulated  that 
"  the  most  Christian  King  will  employ  his  good  offices  and  interpo- 
'sition  with  the  King  or  Emperor  of  JNIorocco  or  Fez,  the  Regencies 
'  of  Algiers,  Tunis,  and  Tripoli,  or  with  any  of  them,  and  also  with 

*  every  other  Prince,  State,  or  Power  of  the  coast  of  Barbary  in 
'  Africa,  and  the  subjects  of  the  said  King,  Emperor,  States,  and 
'  Powers,  and  each  of  them,  in  order  to  provide  as  fully  and  effica- 
'  ciously  as  possible  for  the  benefit,  convenience,  and  safety  of  the 
'said  United  States,  and  each  of  them,  their  subjects,  people,  and 
'  inhabitants,  and  their  vessels  and  effects  against  all  violence,  insults, 

*  attacks,  or  depredations  on  the  part  of  the  said  Princes  and  States 
'of  Barbary  or  their  subjects." 

That  the  United  States  have  found  it  necessary  to  commence 
negotiations  with  the  above  named  Powers,  for  the  purpose  of 
forming  such  treaties  and  arrangements  with  them  as  may  prevent 
their  committing  any  future  depredations  on  the  American  vessels 
and  trade. 

You  are  to  communicate  to  his  Majesty  an  exact  state  of  the 
measures  taken  for  that  purpose,  and  to  request  that  he  will,  agree- 
ably to  the  said  article,  interpose  his  friendly  aid  and  good  offices  to 
promote  the  success  of  those  negotiations ;  which  negotiations  INIr. 
Adams  and  you  will  conduct  in  such  a  manner  as  you  and  he  may 


508  JOHN  ada:ms-johx  jay. 

think  best  calculated  to  give  them  all  the  advantage  that  can  result 
from  his  Majesty's  interposition. 

Your  Secretary  further  reports  that  the  Charge  d'Affaires  at  the 
Court  of  Spain  should  be  instructed  as  follows,  viz : 

It  is  the  pleasure  of  Congress  that  you  present  their  thanks  to  his 
Catholic  ^Majesty  for  the  very  friendly  manner  in  which  he  interposed 
his  good  offices  with  the  Emperor  of  Morocco  in  behalf  of  the 
American  vessel  and  crew  captured  by  one  of  the  corsairs,  as  well  as 
for  the  kind  disposition  he  has  expressed  of  his  readiness  to  promote 
a  o;ood  understanding  between  the  United  States  and  that  Prince. 

You  will  communicate  to  his  Majesty  that  Congress  have  taken 
measures  for  negotiating  a  permanent  peace  with  the  Emperor,  and 
that  they  would  esteem  themselves  greatly  obliged  by  his  ^Majesty's 
endeavors  to  promote  the  success  of  the  negotiations  by  exerting  his 
influence  at  that  Court  in  their  favor. 

You  will  assure  his  Majesty  that  his  friendly  attention  to  the 
United  States  will  always  make  a  correspondent  impression  on  them, 
and  that  they  will  always  be  happy  to  embrace  every  occasion  of 
testifying  the  sense  they  entertain  of  it,  as  well  as  of  manifesting 
their  sincere  disposition  to  unite  the  two  nations  by  the  strongest  ties 
of  mutual  affection  and  reciprocal  advantage. 

Your  Secretary  takes  the  liberty  of  observing  that,  as  their  High 
Mightinesses  have  agreed  by  the  23d  article  of  the  treaty  between 
them  and  the  United  States,  to  second  and  aid  the  negotiations  of 
the  latter  with  the  African  piratical  States,  it  would,  in  his  opinion, 
be  proj)er  for  Congress  to  avail  themselves  of  this  article,  and  apply 
to  their  Higii  Mightinesses  accordingly. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOIiX  JAY. 


FUOM    JOHN    JAY    TO    THK    MIKSIDKNT    OF    CONGRESS. 

Office  for  Foreign  Aflaira,  December  29,  1785. 
Sir, 

Your  Excellency  will  rccoive,  Jierewiih  oncloscd,  a  letter  to  me 
of  --ilst  instant,  from  Mr.  Temple,  who  is  desirous  that  Congress 
would  j)e  pleasr'd  to  pass  a  resolution  that  may  remove  the  difficulties 
stated  ill  it. 

1  have  the  honor  to  be,  &ic.,  JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  509 

FROM  JOHN  TEMPLE  TO  JOHN  JAY. 

New  York,  December  21,  1785. 
Sir, 

It  having  been  represented  to  the  Ministers  of  the  King  my 
sovereign,  that  divers  of  his  Majesty's  subjects  or  loyahsts,  who  had 
property  and  outstanding  debts  in  these  United  States  anterior  to  the 
late  war,  (and  to  whom  his  IMajesty's  benevolence  and  bounty  are 
now  about  to  extend  commensurate  with  their  real  losses,)  have  met 
with  great  trouble  and  difficulty  in  obtaining,  and  in  some  instances 
have  been  totally  refused  such  office  copies  from  the  public  records 
and  papers  as  are  indispensably  necessary  to  substantiate  their  claims 
before  a  board  of  commissioners  appointed  to  receive  and  examine 
the  same ;  will  you  give  me  leave  to  request  of  you  to  be  so  obliging 
as  to  move  the  honorable  Congress  of  these  United  States  to  take 
the  matter  into  consideration,  and  to  do  thereupon  as  in  their  wisdom 
and  justice  may  appear  to  be  fit  and  proper  upon  the  occasion,  so  as 
that  said  loyalists  or  sufferers,  or  their  attorneys,  may  have  access  to 
the  public  records  and  papers  in  the  several  States,  (upon  paying 
the  lawful  or  usual  fees  of  office,)  in  the  same  mode  and  manner  as 
the  subjects  of  the  United  States  are  permitted  or  accustomed  to 
have. 

I  have  the  honor  to  be,  &tc.,  J.  TEMPLE. 

The  letter  from  Mr.  Temple  was  referred  to  the  Secretary  for 
Foreign  Affairs,  to  report  on  the  propriety  of  the  application  and 
expediency  of  a  reply ;  in  consequence  of  which  reference  the 
Secretary  made  the  following  report  : 

Office  for  Foreign  Affairs,  December  31,  1785. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  to  him  of  the  21st  instant, 
from  the  Consul  General  of  his  Britannic  INIajesty,  representing  that 
certain  persons,  called  loyalists,  had  found  difficulties  in  obtaining, 
and  in  some  instances  been  refused,  office  copies  of  public  records  in 
the  United  States,  and  desiring  the  interposition  of  Congress,  &;c., 
reports :  That  in  his  opinion  your  Secretary  should  write  a  letter  of 
the  following  tenor  to  Mr.  Adams.* 

Your  Secretary  is  further  of  opinion  that  he  should  write  the 
following  answer  to  INIr.  Temple's  letter,  viz : 


*See  the  letter  to  Mr.  Adams,  page  502. 


510  JOHN  ADAMS-JOHN  JAY. 

Sir, 

I  took  the  earliest  opportunity,  after  the  meeting  of  Congress,  to 
lay  your  letter  of  21st  December  before  them. 

They  have  ordered  a  copy  of  it  to  be  transmitted  to  their  Minister 
at  the  Court  of  London,  with  directions  to  communicate  it  to  his 
Britannic  Majesty,  to  inform  him  that  the  complaint  stated  in  it 
being  in  general  terms,  and  unsupported  by  any  particular  facts  or 
evidence,  they  do  not  think  it  necessary  or  proper  to  take  any 
measures  in  consequence  of  it ;  and  to  assure  him  that  as  it  is  their 
determination  the  treaty  of  peace  shall  be  punctually  observed  by 
their  citizens,  and  that  his  jNIajesty's  subjects  shall  here  enjoy  all  the 
rights  which  friendly  and  civilized  nations  claim  from  each  other, 
so  they  will  always  be  ready  to  hear  every  complaint  which  may 
appear  to  be  well  founded,  and  to  redress  such  as  on  investigation 
shall  prove  to  be  so. 

I  have  the  honor  to  be,  he, 
John  Temple,  Esquire,  Consul  General,  k,c. 

Resolved,  Tiiat  Congress  agree  to  the  said  report. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  February  3,  1786. 

Dear  Sir, 

My  last  to  you  was  written  the  2d  ultimo.  I  acknowledge  the 
receipt  of  your  letters  of  the  15th,  17th,  21st,  25th,  and  27 th 
October  last;  no  others  have  since  arrived.  All  those,  as  well  as 
the  letters  which  accompanied  your  draft  with  Great  Britain,  together 
with  my  reports  in  favor  of  them  and  of  that  draft,  are  under  the 
consideration  of  Congress,  and  as  yet  have  produced  no  instructions 
to  you  on  the  subjects  of  them.  So  much  time  has  elapsed  since 
nine  States  were  represented  in  Congress,  that  niany  important 
matters  still  lie  undiscussed  and  undecided. 

I  herewith  enclose  two  copies  of  a  report  of  Secretary  Thomson, 
of  2(1  January,  which  will  afford  you  accurate  information  of  the  acts 
of  the  several  Legislatures  respecting  the  requisitions  of  Congress. 
The  facts  stated  in  it  place  the  necessity  of  more  system  and 
strongfT  fi(l(«ral  government  in  a  strong  light.  Send  one  copy  to 
Mr.  Jefferson. 


DIPLOMATIC  CORRESPONDENCE.  511 

I  also  enclose  a  copy  of  my  report  (to  which  Congress  has  agreed) 
on  the  subject  of  certain  representations  from  INIassachusetts  which 
are  mentioned  in  it.  The  papers  which  ought  to  accompany  this 
report  are  very  voluminous,  and  cannot  possibly  be  copied  in  time 
for  this  packet.  They  shall  be  sent  by  the  next,  or  by  any  good 
opportunity  that  may  soon  offer. 

Three  vessels  will  sail  from  this  port  for  Canton  the  first  fair 
wind,  viz:  the  ship  Empress  of  China,  Captain  Green;  the  ship 
Hope,  Captain  McGee ;  and  the  brigantine  Betsey,  Captain  Neal 
McHenry.  One  is  also  ready  to  sail  from  Philadelphia,  viz:  the 
ship  Canton,  Captain  Truxton.  Congress  have  appointed  Samuel 
Shaw,  Esq.,  formerly  aid-de-camp  to  General  Knox,  to  be  their 
Consul  at  Canton,  and  Mr.  Thomas  Randal,  of  Philadelphia,  to  be 
their  Vice-Consul  there. 

I  just  learn  that  they  applied  to  Mr.  Van  Berckel  for  letters  to 
Batavia,  but  he  declined  giving  them  any,  although  he  granted  that 
favor  to  Captain  Green  the  last  voyage.  Hence,  it  seems  that  the 
Dutch  already  begin  to  be  jealous  of  our  commerce  with  the  East. 

To  avoid  British  laws,  a  Mr.  Lee  lately  brought  here  from  India 
a  rich  cargo,  and  returns  in  one  of  the  said  vessels.  Others  will 
probably  do  the  like;  if  so,  the  consequence  may  be  important. 
Captain  Sears,  of  this  town,  (whom  you  know,)  adventm'es  largely 
in  this  new  commerce.     He  goes  to  Canton  in  the  Hope. 

The  public  paper  of  this  State  has  lately  risen  in  price,  owing  to 
the  general  expectation  that  the  Legislature  are  earnest  in  their 
profession  to  restore  public  credit.  Appearances  may  be  delusive, 
but  there  is  reason  at  present  to  expect  that  this  Legislature  will  do 
more  good  than  the  last. 

Mr.  Temple  neither  does  nor  says  much,  that  I  can  learn.  He 
seems  cautious. 

I  have  the  honor  to  be,  he,  JOHN  JAY. 

P.  S.  Mr.  Wyngrove,  who  seems  to  be  a  very  good  man,  is  the 
bearer  of  these  despatches. 


^'By  (he  United  States  in  Congress  assembled,  January  2,  1786. 

"  Ordered,  That  the  Secretary  of  Congress  report  the  number  of 
'  States  which  have  complied  in  whole  or  in  part  with  the  revenue 


512  JOHN  ADAMS— JOHN  JAY. 

'system  of  April  18th,  1783,  the  recommendation  of  Congress  of  the 
'same  date  for  an  alteration  of  the  8th  of  the  Articles  of  Confederation, 
'and  the  act  of  the  30th  of  April,  1784,  recommending  the  vesting  of 
'  certain  commercial  powers  in  Congress." 

Office  of  Secretary  of  Congress,  January  4,  17S6. 

In  obedience  to  the  orders  of  Congress,  the  Secretary  of  Congress 
reports : 

That  the  revenue  system  of  18th  April,  1783,  consists  of  two  parts  : 

1st.  A  recommendation  to  the  States  to  invest  the  United  States 
in  Congress  assembled,  w  ith  a  power  to  levy  for  the  use  of  the  United 
States  certain  duties  upon  goods  imported  into  the  said  States  from 
any  foreign  port,  island,  or  plantation,  to  be  applied  to  the  discharge 
of  the  interest  and  principal  of  the  debts  contracted  on  the  faith  of 
the  United  States,  agreeably  to  the  resolution  of  16th  December, 
1782,  and  not  to  be  continued  for  a  longer  term  than  twentv-five 
years.  The  collectors  of  the  duties  to  be  appointed  by  the  States 
respectively,  but  when  appointed  to  be  amenable  to,  and  removable 
by  the  United  States  in  Congress  assembled  alone.  And  in  case 
any  State  shall  not  make  such  appointment  within  one  month  after 
notice  given  for  that  purpose,  the  appointment  may  be  made  by  the 
United  States  in  Congress  assembled. 

With  this  part  of  the  act  the  following  States  have  complied  : 
New  Hampshire,  by  act  of  1st  and  2d  January,  1784. 


Massachusetts, 

do. 

30th  October,  1783. 

Connecticut, 

do. 

May,  1784. 

New  Jersey, 

do. 

1 1th  June,  1783. 

Pennsylvania, 

do. 

23d  September,  1783. 

Virginia, 

do. 

October,  1783,  ciiap.  31. 

North  Carolina, 

do. 

June,  1784. 

South  Carolina, 

do. 

21sl  March,  1784. 

Rhode  Island,  in  tiie  session  of  their  Legislature  in  the  spring  of 
1785,  passed  an  act  for  levying  the  duties  pointed  out  by  Congress, 
but  have  therein  enacted  that  the  collectors  shall  be  appointed  by 
and  amenable  to  the  GeiK-ral  Assembly,  and  that  of  the  money 
arising  from  the  duties  a  certain  sum,  viz :  8,000  dollars,  shall  be 
appropriated  in  their  Treasury  for  the  payment  of  the  interest  of  that 
State's  proportion  of  the  foreign  debt  of  the  United  Slates,  and  paid 
to  the  order  of  Congress,  and  that  the  surplus  of  the  duties,  and  the 


DIPLOMATIC  CORRESPONDENCE.  513 

amount  of  other  taxes  ordered  by  the  said  act,  shall  be  appropriated 
to  the  payment  of  the  interest  of  the  internal  debt  of  the  United 
States  due  within  that  State.  This  act  to  take  effect  when  the 
other  States  in  the  Union  agree  to  the  said  impost  to  the  acceptation 
of  Congress,  and  have  provided  other  adequate  funds  for  completing 
their  quota  of  1,500,000  dollars,  according  to  the  requisition  of 
Congress  of  18th  April,  1783 ;  but  with  this  proviso,  and  upon  this 
express  condition,  "  That  no  duties  shall  be  collected  upon  articles 
'  imported  into  any  State  upon  which  the  said  duties  have  been  paid 
<  in  any  other  State ;  and  that  no  duty  shall  be  imposed  by  any  one 
'  State  upon  the  citizens  of  another  State,  either  upon  imported 
'articles  having  paid  the  duties  aforesaid,  or  upon  any  articles  of  the 
'  growth,  produce,  or  manufacture  of  the  United  States." 

The  State  of  Maryland,  in  June,  1782,  pursuant  to  acts  of  Con- 
gress of  3d  and  7th  February,  1781,  passed  "An  act  to  authorize 
'  the  United  States,  in  Congress  assembled,  to  impose  and  levy  a 
'  duty  of  Jive  per  cent,  on  imported  foreign  goods,  and  on  all  prizes 
'  and  prize  goods,  for  the  payment  of  the  debts  contracted  by  Con- 
'  gress  during  the  war."  And  in  the  November  session,  1784,  their 
Legislature  passed  a  supplement  to  the  aforementioned  act,  whereby 
it  should  take  effect  as  soon  as  twelve  States,  including  that  State, 
vested  Congress  with  similar  powers.  But  it  does  not  appear  that 
they  have  passed  any  act  pursuant  to  the  recommendation  of  Con- 
gress of  18th  April,  1783. 

Delaware,  it  is  said,  has  passed  an  act  conformable  to  the  recom- 
mendation abovementioned.  But  no  official  information  thereof 
has  yet  been  transmitted  to  this  office,  or  to  the  Board  of  Treasury. 

The  second  part  of  the  revenue  system  of  18tli  April,  1783. 
consists  of  a  recommendation  to  the  several  States  to  establish  for  a 
term  limited  to  twenty-five  years,  and  to  appropriate  to  the  discharge 
of  the  interest  and  principal  of  the  debts  contracted  on  the  faith  of 
the  United  States  for  supporting  the  war,  substantial  and  effectual 
revenues  of  such  nature  as  they  may  judge  most  convenient  for 
supplying  their  respective  proportions  of  1,500,000  dollars  annually, 
exclusive  of  the  aforementioned  duties. 

With  this  part  of  the  act  the  following  States  have  complied : 
INew  Jersey,  by  their  act  of  20th  December,  1783. 
Pennsylvania,  do.         September,  1783. 

North  Carolina,  do.         June,  1784. 

Vol.  II.— 33 


514  JOHN  ADAMS-JOHN  JAY. 

Rhode  Island,  In  the  act  abovementioned,  has  enacted  that  a  tax 
of  one  Spanish  silver  milled  dollar,  upon  every  hundred  acres  of 
land  within  that  State,  upon  every  male  poll  in  the  State  of  twenty- 
one  years  of  age,  and  upon  every  horse  or  mare  of  two  years  old 
and  upwards,  shall  be  annually  laid,  levied,  and  collected,  and  that 
the  amount  thereof  shall  be  appropriated  to  the  payment  of  the 
interest  of  the  internal  debt  of  the  United  States  due  within  that 
State,  with  the  proviso  and  on  the  condition  above  set  forth. 

The  act  of  the   18th  April,  1783,  also  recommends  to  the  States 
an  alteration  in  the  8th  of  the  articles  of  confederation  and  perpetual 
union,   for    ascertaining  with   more  convenience   and   certainty  the 
proportions  to  be  supplied  by  the  States  respectively  to  the  common 
treasury.     And  the  several  States   are  advised   to  authorize  their 
respective  delegates  to  subscribe  and  ratify  the  same,  as  part  of  the 
said  instrument  of  union,  in  the  words  therein  mentioned. 
With  this  part  of  the  act  the  following  States  have  complied : 
INIassachusetts,  by  their  act  of  2d  July,  1785. 
Connecticut,  do.  May,  1783. 

New  York,  do.  April,  1785. 

New  Jersey,  do.  June,  1783. 

Pennsylvania,  do.  August,  1783. 

Maryland,  do.  November,  1784. 

Virginia,  do.  May,  1784. 

North  Carolina,  do.  June,  1784. 

By  the  act  of '26th  April,  1784,  it  is  recommended  to  the  Legisla- 
tures of  the  several  States  to  vest  the  United  States,  in  Congress 
assembled,  with  power — 

1st.  To  prohibit  any  goods,  wares,  or  merchandize,  from  being 
imported  into,  or  exported  from,  any  of  the  States  in  vessels  belonging 
to,  or  navigated  by,  the  subjects  of  any  l^ower  with  whom  these 
States  have  not  formed  treaties  of  coniinerce. 

2d.  To  proliibit  the  subjects  of  any  foreign  State,  Kingdom,  or 
Empire,  unless  authorized  by  treaty,  from  importing  into  the  United 
States  any  goods,  wares,  or  merchandizes,  which  are  not  the  produce 
or  manufacture  of  the  dominions  of  the  sovereign  whose  subjects 
tliey  are. 

In  pursuanci!  of  this  art, 

New  Ilampshin!  has  invested  Congress  for  fifteen  years  with  full 
power  to  regulate  the  trade  of  the  United  States  as  they  may  judge 


DIPLOMATIC  CORRESPONDENCE.  515 

best  calculated  to  promote  the  weal  and  prosperity  thereof;  the  fees, 
profits,  and  emoluments  arising  from  their  regulations  to  be  appro- 
priated to  the  sole  use  of  discharging  pubhc  debts.  See  act  22d 
June,  1785. 

Massachusetts  has  passed  a  law  in  the  terms  of  the  recommend- 
ation 1st  July,  1784. 

Rhode  Island  has  empowered  their  delegates  to  agree  to  ratify  any 
article  empowering  the  United  States  in  Congress  assembled  to 
regulate,  restrain,  or  prohibit,  the  importation  of  all  foreign  goods  in 
any  but  American  vessels.  See  act  passed  February  session,  1785. 
And  by  an  additional  act,  passed  October,  1785,  the  delegates  are 
empowered  to  agree  to  any  article  by  which  the  United  States  in 
Congress  assembled  shall  be  solely  empowered  to  regulate  the  trade 
and  commerce  of  the  respective  States  and  citizens  thereof  with 
each  other,  and  to  regulate,  restrain,  and  prohibit  the  importation  of 
all  foreign  goods  in  American  vessels  for  twenty-five  years. 

New  York  has  passed  an  act  in  the  terms  of  the  recommendation, 
4th  April,  1785. 

JXew  Jersey,  do.,  26th  November,  1785. 

Pennsylvania,  do.,  15th  December,  1784. 

Maryland,  do.,  November,  1784. 

Virginia,  do.,  3d  May,  1784. 

North  Carolina,  do.,  2d  June,  1784. 

Connecticut,  do..  May,  1785. 

Ordered,  That  the  above  report  be  printed  for  the  use  of  the 
members. 

FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  February  22,  1786. 
Dear  Sir, 

I  had  the  honor  of  writing  to  you  on  the  3d  instant,  since  which 
I  have  not  had  the  pleasure  of  receiving  any  letters  from  you. 
Among  other  papers  then  sent  was  a  copy  of  a  report  (agreed  to  by 
Congress)  on  the  subject  of  certain  representations  from  Massachu- 
setts ;  but  copies  of  the  documents  referred  to  in  it,  and  which  were 
then  making,  could  not  be  completed  in  time  to  be  then  sent.  You 
will  find  them  herewith  enclosed,  together  with  a  list  or  account  of 
them. 


516  JOHN  ADAMS-JOHN  JAY. 

Nine  States  are  not  yet  represented  in  Congress,  and  therefore  the 
affairs  of  the  Department  continue  in  the  same  state  that  they  were 
in  at  the  date  of  my  last. 

The  pubhc  papers  will  enable  you  to  see  the  complexion  of  the 
times.  Federal  opinions  grow,  but  will  be  sometime  before  they 
will  bear  fruit ;  and  what  is  not  the  case  with  most  other  fruits,  they 
will,  to  judge  from  present  appearances,  ripen  slower  in  the  South 
than  in  the  North. 

The  packet  will  sail  next  week.     I   shall   then  write   to   you 
again. 
With  great  and  sincere  esteem,  &;c.,  JOHN  JAY. 


Office  for  Foreign  Affairs,  January  3,  17S6. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  a  letter  of  4th  November  last,  from 

his  Excellency  the  Governor  of  Massachusetts  to  the  Delegates 

of  that  Commonwealth  in  Congress,  reports : 

That  this  letter  states  in  substance  that  divers  effects  had,  by 
orders  of  the  British  Commanders-in-Chief,  been  taken  from  the 
inhabitants,  not  as  the  property  of  enemies,  but  of  persons  under 
their  protection,  under  the  idea  that  the  former  ownership  continued, 
and  the  greater  part  of  which  was  expressly  engaged  to  be  restored 
by  those  commanders. 

That  the  latter  clause  in  a  British  act  of  Parliament,  passed  29th 
November,  1774,  creates  legal  impediments  to  those  owners  recov- 
ering in  due  course  of  law  the  value  of  theh  effects  so  taken. 

That  considering  the  peculiar  circumstances  of  this  subject,  the 
spirit  and  real  intention  of  that  clause,  the  times  and  general  j)urposes 
that  ))roduce  it,  the  Legislature  is  induced  to  believe  that  if  Congress 
would  instruct  their  Minister  at  the  Court  of  London  to  move  this 
subject,  {)roperly  digested,  lo  that  Court,  the  Government  of  that 
nation  would  so  far  reconsider  their  former  doings  on  it  as  to  remove 
those  impediments,  or  make;  some  other  provision  whereby  right  and 
justice  shall  bo  done  to  the  parties  and  individuals  more  immediately 
concerned. 

If  Congress  make  any  application  to  tin;  J3rilish  Court  on  this 
subject,  it  can  only  be  cither  for  justice  or  for  favor ;  the  latter  will 
doubtless  be  out  of  the  quesiiun.     If  for  justice,  two  questions  arise: 


DIPLOMATIC  CORRESPONDENCE.  517 

first,  whether  their  application  can  be  supported  on  that  ground ; 
and,  secondly,  whether  it  probably  will  be  successful  if  it  can  be  so 
supported. 

The  clause  recites  that  "  Whereas,  before  the  passing  of  this  act, 
'divers  persons,  vessels,  cargoes,  and  other  effects  may  have  been 
'seized,  detained,  damaged,  or  destroyed,  in  pursuance  of  orders, 
'regulations,  restrictions,  and  limitations  heretofore  issued  and  estab- 
'  lished  by  the  Commanders-in-Chief  of  his  Majesty's  forces  in  North 
'  America,  or  by  persons  acting  under  their  authority,  for  the  public 
^service,  and  for  suppressing  the  rebellion  in  North  America." 

It  then  enacts,  "  that  all  such  acts,  matters,  and  things,  shall  be 
'deemed,  and  are  hereby  declared  to  be,  legal,  to  all  intents  and 
'  purposes  whatever ;  and  all  actions,  &lc.,  for,  or  by  reason  of  any 
'act,  matter,  or  thing  advised,  commanded,  appointed,  or  done,  with 
'  respect  to  such  orders  and  regulations,  by  the  said  Commanders-in- 
'  Chief,  or  by  any  person  acting  under  their  authority,  shall  be 
'  discharged  and  made  void." 

May  it  not  be  questioned  whether  this  act  can  be  construed  to 
invalidate  the  engagements  or  promises  of  the  commanders  to  make 
restoration  ;  or  in  other  words,  can  effects,  taken  under  such  engage- 
ments, be  considered  as  coming  within  the  view  and  provision  of  the 
statute,  which,  from  the  nature  of  it,  must  be  construed  strictly  ? 

If  the  court  and  their  judges  should  adopt  this  idea,  the  matter 
will  naturally  remain  as  it  now  is,  and  the  application  would  produce 
nothing,  except,  perhaps,  an  opinion  that  it  was  premature. 

If,  on  the  other  hand,  they  should  consider  all  these  cases  as 
within  the  act,  might  they  not  answer,  that  all  military  violence  and 
injuries  on  both  sides  were  done  away  by  the  peace,  and  that,  as 
these  cases  were  not  provided  for  in  it,  they  must  remain  as  they 
then  were  ? 

May  they  not  also  answer,  that  we  pass  laws  in  some  of  the  States 
impeding  British  creditors  from  recovering  their  debts,  as  stipulated 
by  the  peace,  and  that  in  another  we  pass  laws  authorizing  actions 
at  law  for  damages  done  during  the  war  by  military  order,  and  that, 
while  such  acts  continue,  such  applications  should  be  postponed  ? 

Admit  that  justice  demands  of  them  to  remove  the  impediments 
in  question,  is  it  probable  that  they  would  do  it? 

A  judgment  of  the  temper  of  the  nation  in  general,  and  of  their 
Parliament  in  particular,  may  be  formed  from  Mr.  Adams's  letters ; 


518  JOHN  ADAMS— JOHN  JxVY. 

and  they,  in  the  opinion  of  your  Secretary,  represent  it  in  a  point  of 
view  so  unfavorable  as  to  promise  no  success  to  such  an  application. 
Many  of  their  officers  might  be  deeply  affected  by  the  loss  of  that 
indemnity  which  they  now  hold  on  the  faith  of  Government ;  and 
it  is  not  likely  that  they  will  open  their  Treasury  and  compensate  the 
sufferers  in  question  out  of  it,  when  so  many  refugees,  for  whom  they 
are  bound  to  provide,  are  daily  importuning  them  for  money. 

For  these  and  a  variety  of  reasons  your  Secretary  thinks  it  not 
probable  that  such  an  application  would  be  successful ;  and  he  also 
thinks  that  Congress  should  never  demand  or  ask  for  even  justice, 
while  they  have  great  reason  to  apprehend  a  refusal,  unless  in  cases 
where  they  may  be  able  and  determined  to  compel  a  compliance  by 
force  or  retaliation. 

If  a  period  should  arrive  when  both  countries  shall  be  disposed  to 
do  away  whatever  may  be  mutually  offensive  or  disagreeable,  it  is 
not  improbable  that  in  the  moment  of  that  good  humor  they  might 
do  something  for  the  sufferers  under  consideration  ;  but  that  period 
has  not  yet  arrived. 

Upon  the  whole  matter,  your  Secretary  is  of  o})inion  that  copies 
of  these  papers  should  be  transmitted  to  Mr.  Adams :  that  he  be 
instructed  to  sound  the  British  Minister  on  the  subject,  but  not  to 
bring  forward  any  formal  demand  or  representation  on  the  subject, 
unless  from  preceding  circumstances  he  shall  be  induced  to  think 
that  it  would  have  a  favorable  issue,  it  being  the  intention  of 
Congress  to  refer  the  time  and  manner  of  doing  it  to  his  prudence 
and  discretion. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


Papers  on  which  the  aforegoing  Report  was  made,  viz : 

[No.  1.] 
From  the  Governor  of  Massachusetts  to  the  Delegates  of  that  State 

:S. 

iw<'iilili  f)f  Ma.ssnrhtisotts,  > 

jer,  Boston,  NovenibLT  4,  1785.  ) 

Gentlemen, 
The  memorials  jiresentod  to  the  Legishxturo  of  this  Commonwealth, 
copies  of  which  you  have  enclosed,  with   the  papers   that   tend  to 


in  Congress. 


Coinmon\ 
Council  CImmbf 


DIPLOMATIC  CORRESPONDENCE.  5I9 

support  the  facts  stated  in  them,  will  suggest  to  your  consideration  a 
subject  interesting  to  many  individuals  of  this  State.  As  this  subject 
must  be  considered  and  adjusted  on  national  principles,  and  may 
properly  come  under  the  consideration  of  Congress,  you  will  give  it 
that  attention  it  deserves,  and  conduct  it  in  such  manner  as  shall 
appear  to  you  most  for  the  interest  of  the  public,  and  the  individuals 
concerned.  It  appears  that  not  only  the  property  of  the  persons- 
described  in  the  enclosed  papers,  but  that  the  property  of  several 
other  individuals,  citizens  of  this  State,  was,  during  the  late  war, 
taken  from  them  under  similar  circumstances,  by  virtue  of  the  orders 
of  the  British  Commanders-m-Chief  in  America,  not  as  the  property 
of  enemies  forfeited  to  the  captoi's  by  the  laws  of  war ;  but  as  the 
property  of  persons  under  their  protection,  which  was  taken  under 
the  idea  that  the  former  ownership  continued,  and  a  great  part  of 
which  was  expressly  engaged  to  be  restored  by  those  commanders. 
Whence  a  just  debt  of  a  private  nature,  a  just  right  and  claim, 
accrued  to  each  of  these  individuals  to  demand  and  have  an 
equivalent.  And  though  the  operations  of  law,  and  the  means  of 
recovering  those  debts  were  suspended  during  the  war  as  a  conse- 
quence of  it,  yet  the  British  Government  ought  not,  by  a  legislative 
act,  to  have  created,  or  now  to  continue  legal  impediments  to  the 
recovery  of  them ;  or  at  least  it  is.  according  to  the  modern  laws  and 
usages  of  nations,  right  and  just  that  the  Legislature  of  that  kingdom 
should  now  remove  those  impediments  by  repealing  the  latter  clause 
in  the  act  of  Parliament,  a  copy  of  which  is  enclosed,  or  make  other 
provision  for  doing  justice  in  this  case.  Considering  the  peculiar 
circumstances  of  this  subject,  the  spirit  and  real  intention  of  that 
clause,  the  times  and  general  purposes  that  produced  it,  the  Legisla- 
ture of  this  Commonwealth  is  induced  to  believe,  that  if  Congress 
should  instruct  their  Minister  at  the  Court  of  London  to  move  this 
subject  properly  digested  to  that  Court,  the  Government  of  that 
nation  will  so  far  reconsider  their  former  doings  on  it  as  to  remove 
those  impediments,  or  make  some  other  provision  whereby  right  and 
justice  shall  be  done  to  the  parties  and  individuals  more  immediately 
concerned. 

In  behalf  of  the  Legislature,  who  prepared  the  foregoing  letter,  I 
have  the  honor  to  be,  very  respectfully,  k,c., 

JAMES  BOWDOIN. 


520  JOHN  ADAMS-JOHN  JAY. 

[No.  2.] 

COMMONWEALTH  OF  MASSACHUSETTS. 

To  the  Honorable  Senate  and  Honorable  House  of  Reprcsctitaiives 
in  General  Court  assembled  at  Boston,  October,  A.  D.  1785. 

The  memorial  and  petition  of  Thomas  Bulfinch,  of  Boston, 
Physician,  humbly  shews — 

That  on  the  19th  of  April,  1775,  when  hostilities  were  commenced 
between  the  troops  of  the  King  of  Great  Britain  and  the  people  of 
this  country,  your  petitioner  was,  as  he  from  his  birth  had  been,  an 
inhabitant  of  the  town  of  Boston,  and  being  at  that  time  visited  with 
sickness  in  his  family,  and  having  a  number  of  patients  laboring 
under  a  variety  of  maladies,  whose  health,  if  not  lives,  depended  on 
his  constant  and  critical  care  and  attention,  he  was  constrained  from 
principles  of  humanity  to  remain  within  the  town,  under  the  solemn 
engagement  entered  into  by  the  Commander-in-Chief  of  the  British 
troops  to  the  inhabitants,  that  the  persons  and  property  of  such  as 
continued  within  the  garrison  should  be  safe  and  secure.  That  your 
petitioner  at  this  time  was  the  proprietor  of  a  shop  and  stores  under 
the  care  of  Mr.  Peter  Roberts,  Apodiecary,  stocked  with  a  large  and 
valuable  assortment  of  all  kinds  of  drugs,  medicines,  and  other 
merchandizes,  to  the  amount  of  ."3,421/.  25.  6d.  sterling,  according  to 
the  best  and  most  accurate  calculation  that  he  is  now  able  to  make, 
to  which  he  has  subjoined  a  demand  for  laAvful  interest  on  that  sum ; 
that  on  the  14th  day  of  December,  A.  D.  1775,  your  petitioner's 
said  shop  and  stores  were  forcibly  broken  open  by  the  provost  of 
the  garrison,  assisted  by  certain  British  officers  to  your  petitioner 
unknown,  by  virtue  of  orders  given  them  by  General  Sir  William 
Howe,  then  commander-in-chief,  and  all  his  property  to  the  afore- 
said amount  taken  and  carried  away  for  the  use  of  the  British 
hospital,  against  the  repeated  remonstrances  of  your  petitioner,  who 
was  denied  the  privilege  even  of  taking  an  account  of  the  articles, 
and  was  refused  a  receij)t  or  acknowledgment  of  the  same,  which  he 
afterwards  solicited.  All  which  will  iippcar  by  the  deposition  and 
other  papers  herewith  exhibited. 

That  your  petitioner  flattered  himself  that,  as  no  deelaration  of 
independence   had    l\u:u    been   made,  and    llw.   inhabitanls   of    both 


DIPLOMATIC  CORRESPONDENCE.  521 

countries  acknowledged  the  King  of  Britain  as  their  common  sov- 
ereign, the  common  law  of  England  as  practised  in  either  country 
would  construe  the  injury  done  him,  into  a  civil  trespass,  for  which 
he  might  one  day  be  compensated  in  damages  by  a  suit  at  law 
against  Sir  William  Howe,  and  accordingly  at  the  conclusion  of  the 
war,  finding  the  treaty  of  peace  had  left  open  to  the  individuals  of 
both  countries  their  legal  remedies  for  just  demands,  your  petitioner 
sent  his  evidence  aforesaid  to  Great  Britain,  with  directions  to  his 
friend  there  to  institute  a  suit  against  Sir  William  Howe  for  the 
recovery  of  damages  for  the  injury  he  had  sustained ;  but  he  now 
finds  that  the  Parliament  of  Great  Britain  have  passed  a  solemn  act 
of  indemnity  in  favor  of  Sir  William  Howe,  and  all  others  who  acted 
under  his  command  while  in  America,  against  all  supposed  wrongs 
by  him  or  them  committed  during  the  war,  and  have  thereby  not 
only  prevented  your  petitioner  from  his  individual  remedy  at  law, 
but  have  adopted  the  doings  of  Sir  William  Howe,  and  made  the 
nation  answerable  for  his  conduct.  The  American  Minister  at  that 
Court  has  been  accordingly  applied  to  in  this  view  of  it,  but  he 
declines  entering  upon  the  subject  until  he  is  empowered  and  directed 
by  Congress  specially  on  the  subject ;  though  (as  your  petitioner  has 
been  informed)  he  has  been  pleased  to  acknowledge  the  justice  and 
propriety  of  the  measure. 

As,  therefore,  your  petitioner's  property  was  forcibly  taken  from 
him  while  under  the  power  and  control  of  the  British  army,  and  by 
order  of  the  Governor  of  their  garrison,  and  was  appropriated  to  the 
use  and  benefit  of  the  British  Government ;  and  as  the  Supreme 
Legislature  of  that  kingdom  have  deprived  your  petitioner  of  his  legal 
remedy  by  a  public  national  act,  contrary  (as  he  humbly  conceives) 
to  the  spirit  and  meaning  of  the  4th  article  of  the  treaty  of  peace, 
he  has  no  other  mode  of  redress  but  by  imploring  the  interposition  of 
the  Government  to  which  he  owes  and  pays  allegiance  upon  national 
principles ;  and  which,  by  the  original  social  compact,  which  each 
individual  has  entered  into  with  society,  and  society  with  each 
individual,  they  are  bound  to  afford.  He,  therefore,  prays  this 
honorable  court  would  take  his  case  into  their  consideration,  and 
grant  him  relief  by  requesting  the  United  States  in  Congress  assem- 
bled to  instruct  their  Mhiister  at  the  Court  of  London  to  demand  of 
that  nation  an  equivalent  for  the  property  taken  as  aforesaid,  and 
that  your  Honors  would  also  pass  an  act  that  no  suit  should  be 
sustained  against  your  petitioner  for  any  moneys  due  from  him  to 


522  JOHN  ADAMS-JOHN  JAY. 

any  of  the  subjects  of  the  King  of  Great  Britain  (to  some  of  whom 
he  stands  partly  indebted  for  the  goods  taken  as  aforesaid)  until  such 
equivalent  is  granted,  or  the  act  of  indemnity  aforesaid  of  the  said 
Brili:<h  Parliament  in  favor  of  said  Sir  William  Howe  is  repealed,  or 
that  this  honorable  Court  would  otherwise  interpose  their  supreme 
authority  for  the  relief  of  your  petitioner  in  the  premises,  as  to 
them  shall  seem  right  and  fit;  and,  as  in  duty  bound,  he  shall  ever 
pray. 

THOMAS  BULFINCH. 

Boston,  October  24,  1785, 


[^^o.  3.] 

To  the  Honorable  the  Senate  and  the  Honorable  House  of  Repre- 
sentatives of  the  Commonwealth  of  Massachusetts  in  General 
Court  assembled,  on  the  2'2d  doij  of  October,  1785. 

The  memorial  of  John  Rowe,  Samuel  Austhi,  Samuel  Partridge, 
and  Samuel  Dash  wood,  humbly  shews — 

That,  when  in  the  year  1775,  the  town  of  Boston  was  made  a 
garrison  by  the  army  of  the  King  of  Great  Britain,  they  were 
respectively  possessed  of  a  very  great  quantity  of  merchandize,  which 
was  in  their  stores  and  shops  within  the  town ;  that  there  being  at 
the  time,  or  before  the  17th  day  of  INIarch,  177C,  the  day  when  the 
said  garrison  was  withdrawn,  no  declaration  of  the  independence  of 
the  United  States  of  America,  all  the  people  within  as  well  as  without 
the  town  were  confessedly  the  suJjjects  of  the  King  of  Great  Britain, 
and  those  who  necessarily  remained  with  their  property  under  the 
control,  were  also  under  the  protection  of  the  British  army,  and 
according  to  either  the  municipal  laws  of  England  and  this  country, 
or  Uie  laws  by  which  nations  at  war  at  all  times  govern  themselves, 
had  a  right  to  expect  the  complete  protection  of  their  persons  and 
property  from  the  army  tli(  n  wiihiii  the  town.  The  want  of  health 
which  th(!  said  Howe  then  laboncl  under  rendered  it  ncci-ssary  that 
ho  should  remove  himself  to  some  place  where  he  could  have.' enjoyed 
more;  tranquillity  and  a  i)etter  air;  but  his  removal  was  expressly 
pnjiiibitfd  by  the  connnander-in-ciiief,  as  was  that  also  of  the  said 
Sanuiel  Dashwood.  The  said  Samuel  Austin  was,  during  the  time 
aforesaid,  employed  as  a  Selectman  of  the  town,  and  the  said  Samuel 
Partridge  as  an  overseer  of  the  poor.  Their  presence  in  their  ofllces 
was  no  less   necessary   to  the  comfort  and  relief  of  their  fellow- 


DIPLOMATIC  CORRESPONDENCE.  523 

citizens  than  to  the  government  of  the  town,  and  their  employment 
and  attention  at  the  request  of  the  commander  and  the  suppHcations 
of  the  people,  were  arduous  and  unremitted.  In  this  situation  all 
your  memorialists  continued  until  General  Howe  withdrew  himself 
from  Boston. 

On  the  10th  of  ^IMarch,  1776,  General  Howe  issued  his  proclama- 
tion directing  the  people  to  deliver  their  goods  on  board  the  ship 
Minerva,  to  Crean  Brush,  as  appears  by  paper  numbered  1,  herewith 
presented.  On  the  same  day  the  General  issued  his  other  orders, 
directed  to  Crean  Bmsh,  authorizing  and  requiring  him  to  take  into 
his  possession  all  such  goods  as  if  in  the  possession  of  the  American 
army  would  enable  them  to  carry  on  the  war,  as  will  appear  by  paper 
No.  2 ;  in  consequence  whereof  the  said  Crean  Brush  took  into  his 
possession  and  carried  away  from  the  said  John  Rowe  goods  to  the 
amount  in  value  of  two  thousand  two  hundred  and  sixty-six  pounds 
one  shilling,  as  appears  by  papers  numbered  3  and  4,  the  originals 
whereof  remain  in  the  office  of  the  Secretary  of  the  Commonwealth ; 
and  also  took  and  carried  away  from  the  said  Samuel  Austin  mer- 
chandize to  the  amount  in  value  of  three  thousand  six  hundred  and 
forty-six  pounds  seven  shillings  and  ten  pence,  as  appears  by  his 
account,  duly  attested,  and  numbered  7,  8,  9,  10,  and  11;  and 
goods  of  the  said  Partridge  to  the  value  of  five  hundred  and  thirty- 
six  pounds  sixteen  shillings  and  a  penny  two  farthings  sterling  money, 
as  will  appear  by  the  papers  Nos.  12,  13,  and  14;  and  from  the 
said  Samuel  Dashwood  merchandize  to  the  value  of  four  thousand 
eight  hundred  and  twenty-three  pounds  ten  shillings,  as  will  appear 
from  papers  numbered  15,  16,  17,  and  18;  the  legal  interest  upon 
which  sums  has  amounted  to  the  several  sums  calculated  and 
expressed  at  the  foot  of  the  accounts  which  the  memorialists  have 
herewith  separately  presented. 

Your  petitioners  feeling  themselves  exceedingly  oppressed  by  the 
loss  of  their  property,  and  knowing  the  same  to  be  taken  by  order  of 
the  government  which  the  town  was  then  under,  had  strong  hopes 
of  regaining  the  value  of  their  goods  upon  the  commencement  ot  a 
peace  between  the  two  countries,  and  therefore,  soon  after  the  late 
treaty,  employed  an  agent  to  prosecute  the  matter;  but  on  his  arrival 
in  England  he  found  General  Howe  indemnified  by  an  act  of  the 
Parliament  of  Great  Britain  from  any  action  that  might  be  brought 
against  him,  or  any  one  acting  under  him  in  the  measure  aforesaid,  a 
copy  whereof  is  herewith  presented,  and  numbered  19,  and  the  last 


524  JOHN  ADAMS-JOHN  JAY. 

section  therein  is  above  referred  to.  The  agent  of  your  memorialists 
made  application  to  the  Honorable  Mr.  Adams,  Minister  of  the 
United  States  at  the  Court  of  London,  but  he  having  no  instruction 
from  Congress  upon  the  matter,  could  afford  him  no  assistance. 

Your  memorialists  do  humbly  conceive  that  as  their  property  was 
taken  by  order  of  the  British  Government  while  they  were  under  the 
control,  and,  consequently,  under  the  protection  of  the  army  of  that 
Government,  and  taken,  as  they  can  make  appear,  with  a  professed 
intention  as  well  for  the  benefit  of  the  British  merchants,  to  whom 
your  memorialists  stood  indebted,  as  for  the  use  of  the  army  of  the 
King  of  Great  Britain,  that  the  value  thereof  is  clearly  due  to  them 
within  the  spirit  and  meaning  of  the  4th  article  of  the  treaty  of  peace, 
and  that  there  ought  to  be  no  legal  impediment  to  their  recovering 
the  same  ;  nevertheless,  the  abovementioned  act  of  Parliament  for- 
bids their  having  a  lenjal  demand  against  Sir  William  Howe  for  the 
same,  by  means  whereof  they  have  now  no  redress  but  by  applying 
upon  national  principles  to  the  Government  to  which  they  owe 
allegiance.  And  do  therefore  pray  your  Honors  to  grant  them  relief, 
by  requesting  the  United  States,  in  Congress  assembled,  to  instruct 
their  Minister  at  the  Court  of  London  to  demand  of  the  Government 
there  an  equivalent  for  the  property  taken ;  and  also  by  passing  an 
act  that  no  suit  should  be  maintained  against  either  of  your  memori- 
alists for  any  money  due  from  them  respectively  to  any  of  the  subjects 
of  the  King  of  Great  Britain  until  such  equivalent  is  insured,  or  the 
act  of  indemnity  aforesaid  is  repealed.  As  your  memorialists,  as 
citizens  of  this  Commonwealth,  have  to  look  to  your  Honors  alone 
for  assistance  upon  all  matters  of  national  right  and  justice,  they  can 
have  no  reason  to  doubt  of  your  attention  to  their  memorial,  and  rest 
satisfied  that  as  the  honor  and  interests  of  the  United  States  stand 
sacredly  j)lcdged  to  assist  each  individual,  where  the  wrongs  com- 
mitted by  a  foreign  Power  cannot  be  redressed  by  the  municipal 
laws  of  tlic  country,  they  shall  have  the  wisdom  not  only  of  this 
Legislature,  but  that  of  the  United  States  in  Congress  assembled,  to 
obtain  them  a  recompense  for  the  injury  they  havc^  sustained. 

J()lli\  ROWK, 
SAMIKL  AISTIN, 
SA.MILL  PAK'i'KlDGE, 
SAMUEL  DASH  WOOD. 

A  truf'  cony,  •> 

...    ,'^    {JOHN  AVERY,  Jr.,  »S'trrc^(//y. 
Attest :       5  >       ;  J 


DIPLOMATIC  CORRESPONDENCE.  525 

No.  4.  An  authenticated  copy  of  a  letter  from  Dr.  Morris  to  Dr. 

Bulfinch,  December  19,  1785. 
No.  5.  Dr.  Bulfinch's  account. 
No.  6,  7,  and  8.  Affidavits  of  P.  Roberts,  Charles  Joy,  and  John 

Hoffains,  for  Dr.  Bulfinch. 
No.    9.  John  Rowe's  account. 
No.  10.  Philip  Jarvis's  deposition  for  John  Rowe. 
No.  11.  Samuel  Austin's  account. 
No.  12.  Affidavits  of  Timothy  Newell  and  Samuel  Sloan  for  Mr. 

Austin. 
No.  13.  Samuel  Partridge's  account. 
No.  14,  15.  Affidavits  of  Lydia  Brown,  E.  Ivers,  and  Ann  Wheeler, 

in  favor  of  Samuel  Partridge. 
No.  16.  Samuel  Dashwood's  invoice  of  goods,  and  his  testimony. 
No.  17,  18.  Depositions  of  Eliza  Ivers,  Ann  Wheeler,  and  Isabella 

Welsh  for  Samuel  Dash  wood. 
No.  19,  20.  General  Howe's  order  to  Crean  Brush,  and   Brush's 

examination. 
No.  21.  General  Howe's  proclamation  of  10th  March,  1776. 
A  printed  act  of  Parliament  passed  on  the  26th  November,  1774. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  November  4,  1785. 

Dear  Sir, 

Yesterday,  at  the  Minister's  levee,  one  of  the  foreign  Ministers 
put  into  my  hands  a  Leyden  gazette,  in  which  I  found  announced 
to  the  public  an  arret  of  the  King  of  France  of  the  18th  of  Septem- 
ber, in  which  a  bounty  of  ten  livres  per  quintal  is  promised  to  any 
French  merchants  who  shall  import  into  the  market  of  the  French 
West  India  Islands,  or  of  Spain,  Portugal,  or  Italy,  any  fish  of  the 
French  fisheries,  and  in  which  the  impost  upon  all  foreign  fish  is 
raised  to  five  livres  a  quintal.  This  amounts  to  an  encouragement  of 
fifteen  livres  a  quintal  upon  French  fish  in  the  West  Indies. 

As  the  supply  of  the  French  islands  with  fish  is  so  material, 
perhaps  so  essential  to  our  fishery,  this  ordinance  deserves  the  earliest 
and  most  serious  attention  of  every  man  in  America  who  has  any 
regard  to  our  fisheries. 

As  the  supply  of  the  French  islands  with  fish  is  of  so  much  con- 
sequence to  the  British  fishery,  I  took  occasion,  in  a  conference  with 


526  JOHN  ADAMS-JOHN  JAY. 

the  Marquis  of  Caermarthen,  to  mention  it  to  him,  and  to  observe  to 
him,  that  I  left  it  to  his  Lordship  to  consider  whether  the  British 
fisheries  could  be  supported  against  the  influence  of  this  ordinance 
without  the  freest  communication  of  supplies  from  the  United  States. 
His  Lordship  thought  it  deserved  consideration,  and  that  was  all  the 
oracle  would  deliver.  I  afterwards  mentioned  it  to  INIr.  Frazer,  his 
Lordship's  under  Secretary  of  State. 

The  Marquis  of  Caemiarthen,  that  I  may  let  you  into  enough  of 
his  character  to  account  for  his  conduct,  is  a  modest,  amiable  man, 
treats  all  men  willi  civility,  and  is  much  esteemed  by  the  foreign 
INIinisters  as  well  as  the  nation ;  but  is  not  au  enterprising  IVIinister, 
is  never  assuming,  and,  I  believe,  never  takes  upon  himself  to  decide 
any  point  of  importance  without  consulting  the  Cabinet.  He  never 
gives  his  private  opinion,  but  in  all  things  which  respect  America,  I 
do  not  believe  that  he  or  any  other  of  the  Ministry  has  yet  formed 
any.  We  shall,  I  think,  learn  nothing  of  their  designs  till  they  are 
brought  forth  in  Parliament,  in  the  course  of  the  winter  and  spring. 

Mr.  Pitt  commenced  his  career  with  sentiments  rather  liberal 
towards  the  United  States ;  but  since  he  has  been  Prime  ]\Iinistcr, 
he  has  appeared  to  have  given  ear  to  the  Chancellor  and  Lord 
Gower,  Mr.  Dundas,  and  Mr.  Jenkinson,  with  their  instruments, 
Irvin,  Chalmers,  Smith,  and  others,  so  much  as  to  have  departed 
from  his  first  principle.  He  has  tried  the  experiments  of  the 
Newfoundland  bill  and  the  fourth  Irish  proposition ;  but  finding 
the  fatal  success  of  both,  he  may  be  brought  back  to  the  system 
with  which  he  set  out ;  but  I  doubt  it,  or  rather  1  am  convinced  he 
never  will,  until  he  is  obliged  to  it  by  our  States  adopting  navigation 
acts. 

There  is  published  this  morning  in  the  Chronicle  the  proceedings 
at  Charleston  on  the  L")!]!  August,  which  look  very  encouraging,  if 
the  Legislature  of  South  Carolina  lay  partial  restrictions  on  the  ships 
of  such  nations  as  have  no  treaty  of  commerce  with  the  United 
States.  J  think  it  cannot  be  doubted  that  all  the  other  States  will 
come  into  the  measure,  because  there  is  none  which  will  suffer  a 
greater  temporary  inconvenience  by  it.  Tiiese  measures  have  a 
tendency  to  encourage  the  naval  stores  of  IVorth  Carolina  so  much 
that  she  will  be  a  gainer. 

Hut  the  principal  danger  is,  that  these  restrictions  may  not  be 
suflifir-ntly  high  to  give  a  clear  advantage  to  the  ships  of  the  United 
States. 


DIPLOMATIC  CORRESPONDENCE.  527 

I  cannot  repeat  to  you  too  often,  sir,  that  all  my  hopes  are  founded 
upon  such  exertions  in  America.  The  trade  with  America  must 
come  under  consideration  of  Parliament  in  the  renovation  of  the 
intercourse  act,  if  not  of  the  Newfoundland  act ;  and  their  delibera- 
tions will  be  influenced  by  nothing  but  American  navigation  acts.  I 
fear  there  are  not  enough  of  these  yet  made,  nor  likely  to  be  made 
this  year,  to  have  much  effect. 

This  nation  is  strongly  blinded  by  prejudice  and  passion.  They 
are  ignorant  of  the  subject  beyond  conception.  There  is  a  prohi- 
bition of  the  truth  arising  from  popular  anger.  Printers  will  print 
nothing  which  is  true  without  pay,  because  it  displeases  their  readers  ; 
while  the  gazettes  are  open  to  lies,  because  they  are  eagerly  read 
and  make  the  paper  sell.  Scribblers  for  bread  are  wholly  occupied 
in  abusing  the  United  States ;  and  writers  for  fame,  if  there  are  any 
such  left  in  this  country,  find  the  public  applause  wholly  against  us. 
The  rise  of  the  stocks  established  Mr.  Pitt,  and  if  he  were  willing 
he  would  scarcely  be  able  to  do  right  until  America  shall  enable  him 
and  oblige  him. 

I  am,  sir,  he,  JOHN  ADAMS. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  May  1,  1786. 
Dear  Sir, 

It  is  the  pleasure  of  Congress  that  you  protract  your  negotiation 
with  the  Court  of  Great  Britain,  respecting  posts  which  should  have 
been,  before  this,  surrendered  to  the  United  States,  and  other  infrac- 
tions of  the  said  treaty  by  that  Power,  so  as  to  avoid  demanding  a 
categorical  answer  respecting  the  same  until  the  further  orders  of 
Congress. 

1  have  the  honor  to  be,  kc,  JOHN  JAY. 


TROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  November  5,  1785. 

Dear  Sir, 
The  Chevalier  de  Pinto,  Envoy  Extraordinary  and  Minister  Plen- 
ipotentiary from  Portugal,  after  a  long  absence  by  leave  of  his  Court; 


528  JOHN  ADAMS-JOHN  JAY. 

is  lately  arrived  here  from  Lisbon.  Upon  several  occasions  when  I 
met  him  at  Court  and  upon  visits,  he  told  me  that  he  had  orders 
from  his  Court  to  confer  with  me  upon  the  project  of  a  treaty 
between  the  United  States  and  Portugal ;  but  he  never  descended 
to  particulars  till  yesterday,  when  he  called  upon  me,  and  said  that 
before  he  left  Lisbon  his  Court  had  learned  that  I  was  in  England, 
and  had  charged  him  to  enter  into  conference  with  me  concerning 
the  project  of  a  treaty  which  had  been  transmitted  to  his  Court  by 
the  Count  de  Souza ;  that  the  Portuguese  Ministry,  notwithstanding 
their  high  esteem  for  their  Ambassador  in  France,  knowing  that  he 
lived  in  the  country,  and  was  in  distress,  did  not  choose  that  the 
negotiation  should  be  any  longer  conducted  by  him,  but  had  com- 
mitted the  project  to  their  Envoy  at  the  Court  of  England,  and  had 
instmcted  him  to  assure  me  that  the  Court  of  Lisbon  was  sincerely 
desirous  of  entering  into  a  treaty  of  commerce  with  the  United 
States  of  America,  a  Power  with  which  it  was  more  convenient  for 
Portugal  to  trade  than  any  other ;  but  there  were  some  things  in  the 
plan  proposed  which  were  inadmissible,  particularly  the  Americans 
could  never  be  admitted  into  the  Brazils  ;  it  was  impossible.  It  was 
the  invariable  maxim  of  their  Court  to  exclude  all  nations  from  those 
territories ;  and  having  himself  served  for  some  years  as  Governor 
General  of  one  of  the  Brazils,  he  knew  it  was  a  policy  from  which 
his  Court  could  never,  on  any  consideration,  depart ;  that  it  was  a 
great  compliment  to  him  to  be  preferred  to  the  Count  de  Souza  for 
the  conduct  of  such  a  negotiation  ;  that  he  made  no  pretensions  to 
such  merit,  but  readily  acknowledged  the  superiority  of  the  Ambas- 
sador ;  but  it  was  the  pleasure  of  his  Court,  and  he  had  no  right  to 
dispute  it. 

I  answered  that  I  had  no  authority  to  treat,  but  in  conjunction 
with  Mr.  Jelfcrson,  the  Minister  Plenipotentiary  of  the  United  States 
at  the  Court  of  Versailles.  That  the  full  power  to  treat  with 
Portugal  was  to  Mr.  Jefferson  and  me  jointly ;  so  that  1  could 
conclude  nothing  without  his  concurrence,  nor  carry  on  any  confer- 
ences without  communicating  tlnin  to  him.  To  this  I  supposed  he 
could  have  no  objection.     He  said,  none  at  all. 

His  first  instruction  was,  he  said,  to  confer  with  me  concerning  the 
mutual  wants  and  several  j)roductions  of  our  countries  which  might 
be  the  objects  of  commerce.  His  countrymen  wanted,  Ik;  said, 
grain.     I  asked    if  they  did  not  want  flour?     He  .said  he  was  not 


DIPLOMATIC  CORRESPONDENCE.  529 

precisely  instructed  concerning  flour,  but  they  had  mills  in  Portugal 
which  they  wished  to  employ.  I  replied,  that  in  every  negotiation, 
I  thought  there  ought  to  be  a  mutual  consideration  of  each  other's 
profits  and  losses,  advantages  and  disadvantages,  so  that  the  result 
might  be  equitable,  and  give  satisfaction  on  both  sides;  that  a 
commerce  founded  upon  compacts  made  upon  this  principle  would 
ever  be  carried  on  with  more  pleasure,  and  to  better  effect ;  that  we 
had  mills  which  we  wished  to  employ  as  well  as  Portugal,  and  mills 
as  costly  and  as  good  as  those  of  any  nation.  In  this  respect,  then, 
our  pretensions  were  mutual  and  equal ;  but  there  were  other 
particulars,  in  which,  without  any  benefit  to  Portugal,  the  loss  to 
the  United  States  would  be  very  great.  The  commodity  was  more 
difficult  to  preserve  in  grain  than  in  flour.  It  was  more  exposed  to 
the  insect  and  to  heat,  both  at  home  and  upon  the  passage,  by  which 
the  loss  upon  wheat  was  much  greater  than  that  upon  flour ;  that  it 
would  not  be  equitable  then  for  Portugal  to  receive  wheat  to  the 
exclusion  of  flour ;  that  this  was  a  point  of  so  much  importance  that 
it  would  facilitate  the  treaty,  and  encourage  the  commerce,  if  his 
Court  should  think  fit  to  agree  to  receive  our  flour. 

He  said  he  had  not  precise  instructions,  but  he  would  write  to  his 
Court  particularly  upon  the  subject.  The  next  article  wanted  by 
the  Portuguese  was  lumber  of  various  sorts,  particularly  staves  for 
pipes  in  large  quantities.  They  wanted  also  ship-timber,  pitch,  tar, 
and  turpentine;  pot  ash  for  their  manufactures  of  glass,  iron,  masts, 
yards,  and  bowsprits,  furs,  ginseng,  and  above  all,  salt  fish.  The 
consumption  of  this  article  in  Portugal,  he  said,  was  immense,  and 
he  would  avow  to  me  that  the  American  salt  fish  was  preferred  to 
any  other  on  account  of  its  quality. 

Here  you  see,  says  the  Chevalier  del  Pinto,  is  a  catalogue  of 
articles  which  the  Portuguese  will  want  in  larger  or  smaller  quanti- 
ties. Now,  what  are  the  articles  you  can  take  in  America  in 
exchange  ?  It  behooves  my  nation  to  inquire  what  they  can  supply 
yours  with,  otherwise  the  balance  in  your  favor  may  be  too  ruinous 
to  us.  It  happens  unluckily  for  Portugal  that  the  Americans  have 
no  occasion  for  our  principal  commodities,  which  are  tobacco,  rice, 
indigo,  &c.,  the  produce  of  the  Brazils. 

I  replied  that  the  United  States  had  been  used  to  take  considerable 
quantities  of  Madeira,  Lisbon,  and  Port  wines,  fruits,  olive  oils,  salt, 
&£c.     He  asked  why  we  could  not  take  tea  from  Lisbon  ?     They 
Vol.  II 34 


530  JOHN  ADAMS-JOHN  JAY. 

imported  from  the  East  large  quantities,  and  very  good.  The 
Enghsh  East  India  Company  had  purchased  of  them  this  year  teas 
to  the  amount  of  forty  tliousand  pounds,  and  he  thought  they  could 
sell  it  to  us  cheaper  than  we  bought  it  elsewhere.  They  could 
supply  us,  likewise,  with  other  East  India  goods.  Perhaps  we 
intended  to  supply  ourselves  by  a  direct  trade  to  India.  He  was 
glad  to  hear  that  our  first  enterprizes  had  succeeded ;  but  if  we 
continued  to  take  any  part  of  our  consumption  from  Europe,  they 
could  supply  us  as  cheaply  as  any  other  nation.  Sugar,  too,  the 
produce  of  the  Brazils,  they  could  furnish  to  us  of  as  good  quality 
as  English  or  French,  and  much  cheaper.  If  we  should  think  of 
manufactures  among  ourselves,  they  could  let  us  have  wool  of  the 
same  quality  with  the  Spanish,  and  cotton  in  any  quantities  Ave  might 
want.  If  we  made  chocolate,  they  could  sell  us  cocoa.  Indeed, 
they  had  woolen  manufactures,  and  could  afford  us  cloth  as  good  and 
cheap  as  other  nations.  These  were  things,  I  replied,  in  which  the 
merchants  on  both  sides  should  speculate.  If  the  United  States 
should  proceed  in  the  plan  already  begun,  of  encouraging  their  own 
manufactures,  the  raw  materials  of  wool  and  cotton  would  be  in 
demand.  And  if  they  persevered  in  their  measures  for  encouraging 
their  own  navigation,  they  would  want  large  quantities  of  hemp,  sail 
cloth,  &ic.,  from  the  Baltic ;  and  for  what  I  know,  they  might  find 
their  account  in  taking  sugars,  cotton,  cocoa,  he,  at  Lisbon  to  carry 
a.s  remittances  to  Petersburgh  and  Stockholm.  They  might  even, 
upon  some  occasions,  purchase  tobacco,  rice,  and  indigo,  for  the 
same  market  as  well  as  the  Mediterranean,  if  that  sea  should  be 
open  to  our  ships.  But  all  these  things  would  depend  upon  the 
facilities  given  to  our  commodities  by  the  treaty.  Nothing  would 
contribute  so  much  to  promote  the  tradf  as  their  receiving  our  flour 
without  duties  or  discouragements.  Our  ready-built  ships,  too,  were 
an  article  of  importance  to  us.  He  said  ho  did  not  know  that  our 
ready-built  ships  were  prohibited.  I  asked  if  they  could  not  take  our 
spermaceti  oil  to  burn  in  their  lamps,  or  for  any  other  uses.  He  said 
no;  they  had  such  an  abundance  of  oil  made  in  the  country,  of  olives 
which  grew  there,  that  they  had  no  occasion  for  their  own  spennaceti 
oil,  which  they  sohi  to  Spain.  They  had  now  a  very  pretty  spt^m- 
aeeli  whale  fishery,  which  they  had  learned  of  th(^  INcw  J^nghnulers, 
and  carried  on  u|)oii  the  coast  of  Brazil.  1  a^ked  if  they  could  not 
lake  our  spermaceti  candies,  and  burn  them  in  their  churches?     lie 


DIPLOMATIC  CORRESPONDENCE.  531 

said  they  made  some  wax  in  Portugal,  and  some  in  Brazil,  but  he 
would  own  it  was  not  enough  for  their  consumption.  The  surplus 
they  bought  in  Italy  and  Barbary  at  a  dear  rate.  At  length,  I 
observed  to  the  Chevalier,  that  Portugal  abounded  in  two  articles 
which  would  be  extremely  convenient  to  my  fellow-citizens,  in 
which  she  might  always  balance  accounts  with  us  to  our  entire 
satisfaction,  whether  we  should  take  more  or  less  of  their  other 
commodities.  These  were  silver  and  gold ;  than  which  no  kind  of 
merchandize  was  in  greater  demand,  or  had  a  higher  reputation. 
The  Chevalier  thought  the  taste  of  his  countrymen  so  much  like 
ours,  that  they  had  rather  pay  us  in  any  thing  else. 

I  added,  if  the  conduct  of  the  Court  of  St.  James  should  oblige 
the  United  States  to  make  a  navigation  act,  their  commerce  must 
increase  with  Portugal.  A  navigation  act !  says  he.  Why  there  is 
not  a  nation  in  Europe  that  would  suffer  a  navigation  act  to  be  made 
in  any  other,  at  this  day.  The  English  navigation  act  was  made  in 
times  of  ignorance,  when  few  nations  cultivated  commerce,  and  no 
Court  but  this  understood  or  cared  any  thing  about  it ;  but  at  present 
all  Courts  were  attentive  to  it.  For  his  part,  if  he  were  Minister  in 
Portugal,  he  would  not  hesitate  to  exclude  from  her  ports  the  ships 
of  any  nation  that  should  make  such  an  act.  I  replied,  that  I  did 
not  mean  a  navigation  act  against  any  nation  but  this ;  but  if  the 
English  persevered  in  enforcing  their  act  against  us,  we  could  do  no 
other  than  make  one  against  them.  The  Chevalier  said  we  should 
be  perfectly  in  the  right.  The  Courts  of  Europe  had  a  long  time 
cried  out  against  this  act  of  the  English.  K  it  were  now  to  begin, 
it  would  not  be  submitted  to. 

This  observation  is  just,  and  it  may  be  carried  farther.  I  do  not 
believe  the  British  navigation  act  can  last  long,  at  least,  I  am 
persuaded,  if  America  has  spirit  enough,  umhone  repellere  umhonem, 
that  all  the  nations  will  soon  follow  her  example,  and  the  appre- 
hension of  this  would  be  alone  sufficient,  if  thinking  beings  governed 
this  island,  to  induce  them  to  silence  America  by  giving  her  satis- 
faction. But  they  rely  upon  our  disunion,  and  think  it  will  be  time 
enough  when  we  shall  have  shown  that  we  can  agree. 

The  Chevalier  concluded  the  conference  by  saying  that  he  would 
write  to  his  Court  for  farther  information  and  instructions,  and,  as  I 
understood  him,  for  full  powers ;  but  before  he  went  away  he  said, 
he  had  orders  from  his  Court  to  inquire  of  me  what  were  the  senti- 


532  JOHN  ADAMS-JOHN  JAY. 

ments  of  Congress  upon  the  head  of  Ministers  and  Consuls,  whether 
they  would  send  a  Minister  and  Consul  to  Lisbon.  His  Court  had 
a  mind  to  send  somebody  to  the  United  States,  but  etiquette  required 
that  Congress  should  send  in  return  to  Portugal.  I  answered,  that 
in  the  project  of  a  treaty  which  was  in  his  possession,  there  was  an 
article  that  each  party  should  have  a  right  to  send  Consuls,  so  that 
when  the  treaty  was  concluded,  Portugal  would  be  at  liberty  to  send 
when  she  would ;  as  to  Ministers  I  had  no  instructions,  but  there 
could  be  no  doubt,  that  if  their  Majesties  of  Portugal  thought  proper 
to  send  an  Ambassador  of  any  denomination,  he  would  be  received  by 
Congress  with  all  the  respect  due  to  his  character  and  his  sovereign. 
He  said,  if  there  was  a  treaty  there  ought  to  be  Ministers.  I  could 
not  answer  to  this  particularly  for  want  of  instructions,  but  Congress 
had  as  yet  but  few  Ministers  abroad,  and,  indeed,  they  had  not  found 
many  gentlemen  disposed  to  quit  the  delights  of  their  own  families 
and  connexions,  and  the  esteem  of  their  fellow-citizens,  for  the  sake 
of  serving  in  Europe ;  and  here  ended  the  conversation. 

With  great  esteem,  he,  JOHN  ADAMS. 

P.  S.  I  forgot  to  mention,  in  its  place,  that  I  asked  the  Chevalier 
about  our  ships  being  admitted  to  the  Portuguese  island  of  Macao, 
in  the  East  Indies.  He  said  that  would  be  of  hnportance  to  us,  for 
he  did  not  see  how  the  commerce  with  China  could  be  carried  on 
without  the  use  of  that  island,  as  there  were  certain  seasons  of  the 
year  when  European  ships,  and  American  too,  he  supposed,  could 
not  be  admitted  into  Canton.  But  our  ships  should  enjoy  the  benefit 
of  their  island  as  fully  as  any  nation  in  Europe. 

You  will  perceive,  sir,  by  this  conference,  what  is  more  and  more 
manifest  every  day,  that  there  is,  and  will  continue,  a  general 
scramble  for  navigation.  Carrying  trade,  ship-building,  fisheries,  are 
the  cry  of  every  nation,  and  it  will  require  all  the  skill  and  firnniess 
of  the  United  States  to  i)reserve  a  reasonable  share  of  their  own  j 
they  have  brought  treaties  of  commerce  so  much  into  fashion,  that 
more  have  been  made  since  tiie  American  war,  and  are  now  in 
negotiation,  than  had  been  made  for  a  century  before.  Courts  which 
never  made  one  before,  are  now  proposing  liiem  to  several  others. 
Portugal  is  supjmsed  to  be  pushing  for  one  with  Russia ;  and  if  wo 
have  heretofore  been  discouraged  and  thwarted  in  any  attempts,  it 
was  by  those  who  meant  to  be  beforehand  with  us,  in  proposals, 


DIPLOMATIC  CORRESPONDENCE.  533 

which  they  taught  us  to  beheve  it  unnecessary  and  beneath  our 
dignity  to  make.  France  does  not  now  think  it  beneath  her  dignity 
to  propose  a  treaty  with  Russia,  nor  do  French  or  EngHsh  news- 
papers, under  the  direction  of  their  Courts,  think  it  beneath  them  to 
fill  all  Europe  with  reports  of  our  disunion,  and  of  the  want  of  powers 
in  Congress  to  make  treaties,  in  order  to  keep  us  back. 

The  fatal  policy  of  obstructing  and  delaying  our  treaties  of  com- 
merce, especially  with  England,  has  thrown  American  merchants 
into  their  present  distress,  and  not  only  prevented  our  acquiring  fresh 
advantages  in  trade  by  the  revolution,  but  taken  firom  us  many 
sources  which  we  enjoyed  before.  Our  countrymen,  partly  from 
penury  and  partly  from  fondness,  have  been  too  easily  drawn  into 
the  snare.  J.  A. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  November  11,  1785. 

Dear  Sir, 

There  is  no  better  advice  to  be  given  to  the  merchants  of  the 
United  States  than  to  push  their  commerce  to  the  East  Indies  as  fast 
and  as  far  as  it  will  go. 

If  information  from  persons  who  ought  to  know  may  be  depended 
upon,  the  tobacco  and  peltries,  as  well  as  the  ginseng  of  the  United 
States,  are  proper  articles  for  the  China  market,  and  have  been 
found  to  answer  very  well,  and  many  other  of  our  commodities  may 
be  found  in  demand  there.  But  there  is  another  resource,  which 
may  prove  of  equal  value  at  present.  There  are  many  persons  in 
the  European  factories  in  India,  particularly  the  English,  who  have 
accumulated  large  property  which  they  wish  to  transmit  to  Europe, 
but  have  not  been  able  to  do  it,  on  account  of  the  distance  and  the 
scarcity  of  freights.  These  would  be  glad  to  sell  us  their  commodities, 
and  take  our  bills  of  exchange  upon  Europe  or  America,  payable  in 
twelve  or  eighteen  months,  possibly  in  longer  periods. 

These  facts  are  known  to  individuals  in  America,  but  will 
probably  be  concealed  from  the  public  at  large,  lest  the  speculators 
and  adventurers  should  be  too  numerous  for  the  profit  of  a  few. 

The  States  may  greatly  encourage  these  enterprises  by  laying  on 
duties  upon  the  importation  of  all  East  India  goods  from  Europe, 
and,  indeed,  by  proceeding  in  time  to  prohibitions.     This,  however, 


534  JOHN  ADAMS— JOHN  JAY. 

may  never  be  necessar}'.  Duties  judiciously  calculated,  and  made 
high  enough  to  give  a  clear  advantage  to  the  direct  importer  from 
India,  will  answer  the  end  as  effectually  as  prohibitions,  and  are  less 
odious,  and  less  liable  to  exceptions. 

We  should  attend  to  this  intercourse  with  the  East  with  the  more 
ardor,  because  the  stronger  the  footing  we  obtain  in  those  countries, 
of  more  importance  will  our  friendship  be  to  the  Powers  of  Europe 
who  have  large  connexions  there.  The  East  Indies  will  probably 
be  the  object  and  the  theatre  of  the  next  war,  and  the  more  familiar 
we  are  with  every  thing  relative  to  that  country,  the  more  will  the 
contending  parties  desire  to  w  in  us  to  their  side,  or  at  least,  what 
we  ought  to  wish  for  most,  to  keep  us  neutral. 

Much  will  depend  upon  the  behavior  of  our  people  who  may 
go  into  those  countries.  .  If  they  endeavor,  by  an  irreproachable 
integrity,  humanity,  and  civility,  to  conciliate  the  esteem  of  the 
natives,  they  may  easily  become  the  most  favored  nation,  for  the 
conduct  of  European  nations,  in  general,  heretofore,  has  given  us  a 
great  advantage. 

East  India  manufactures  in  silk  and  cotton,  &:c.,  are  prohibited  in 
England,  and  as  we  iiave  no  such  prohibitions  in  America,  because 
we  have  no  such  manufactures  for  them  to  interfere  with,  we  may 
take  them  to  a  great  advantage. 

I  am,  he,  JOHN  ADAMS. 


Report  of  Secretary  Jay  on  Mr.  Adams's  letter  of  Wth  November, 

17d5. 

Office  for  Forrign  Affairs,  May  8,  1786. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  was  referred  a  letter  ftoni  tlie  honorable  Mr. 

Adams  of  11th  November  last,  reports: 

That  the  facts  and  observations  contained  in  this  letter  appear  to 
your  Secretary  to  be  well  founded. 

That  Congress,  for  want  of  power  to  regulate  trade  by  their  own 
acts,  can  make  no  other  use  of  this  letter  than  to  publish  it  or  to 
refer  it  to  the  States. 

That  in  his  opinion  it  should  not  be  published,  lest  it  increase  the 
jealousy  with  which  our  late  adventures  to  the  Indies  have  already 
inspired  the  nations  trading  thither. 


DIPLOMATIC  CORRESPONDENCE.  535 

That  he  also  thinks  it  should  not  be  referred  to  the  States,  because 
the  clashing  and  unsystematical  regulations  which  thirteen  different 
States  will  naturally  establish,  must  operate  against  national  objects, 
and,  therefore,  that  their  interfering  in  national  concerns,  except  in 
subordination  to  the  Federal  Government,  should  not  be  encouraged. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  November  24,  1785. 

Dear  Sir, 

I  was  yesterday  honored  with  your  letter  of  the  14th  of  October, 
accompanied  with  the  gazettes  and  the  act  of  Congress  of  the  27th 
September. 

You  will  learn  from  Mr.  Dumas's  letters,  as  well  as  by  the  public 
papers,  that  the  treaty  of  defensive  alliance  between  France  and 
Holland  was  signed  at  Paris  on  the  10th  of  this  month.  The  vain 
exertions  of  the  Cabinet  of  St.  James  to  prevent  it  are,  so  far  from 
being  a  secret,  that  the  English  or  Orange  party,  which  is  the 
same,  have  inserted  them  in  their  own  Courier  du  Bas  Rhin.  The 
offers  are  there  stated  to  have  been  the  restitution  of  Negapatnam, 
the  renunciation  of  the  navigation  of  the  Moluccas,  the  payment  of 
the  millions  to  the  Emperor,  the  warranty  of  the  new  treaty  with 
the  Emperor,  and  the  alteration  of  the  navigation  act  in  favor  of 
Holland.  Sir  James  Harris,  with  his  Secretary  of  Legation  and 
three  clerks,  are  said  to  have  been  very  busy,  night  and  day ;  but 
all  to  no  purpose.  It  is  not  at  all  to  be  wondered  at  that  British 
Ministers  should  be  alarmed ;  the  only  wonder  is  that  they  did  not 
foresee  and  prevent  the  danger.  Two  years  ago,  by  an  honest  settle- 
ment with  America,  and  less  costly  offers  to  Holland,  they  might 
have  maintained  their  rank  among  the  Powers  of  Europe.  It  is  now 
lost  forever. 

The  loss  of  the  empire  of  the  seas,  which  their  ambition  has  long 
aspired  to,  and  wdiich  their  arrogance  has  long  claimed,  would  be  a 
benefit  to  mankind,  and  no  real  evil  to  them ;  but  they  will  now  find 
it  difficult  to  defend  their  liberty  upon  the  seas ;  and  if  the  United 
States  of  America  should  accede  to  this  defensive  alliance  upon  any 


53G  JOHN  ADAMS— JOHN  JAY. 

reasonable  terms,  think  of  it  as  they  will,  their  nav^igation,  their 
possessions  in  the  east  and  west,  and  their  Empire,  will  be  at  our 
mercy. 

1  am  not  informed  whether  Congress  have  any  such  measure  in 
contemplation  ;  but  if  they  have,  they  ought  not  to  delay  it  from  any 
expectation  of  anything  that  I  can  do  here.  So  far  from  entertaining 
any  sanguine  hopes,  I  think  there  is  scarcely  a  possibility  that  I 
should  do  anything ;  there  are  divisions  in  the  Ministry.  Thurlow, 
Gowcr,  Dundas,  and  Jenkinson,  are  of  the  old  leaven,  and  the  King 
will  have  them,  or  some  other  of  the  same  stamp,  to  govern.  Pitt  is 
but  a  tool  and  an  ostensible  pageant — a  nose  of  tender  virgin  wax ;  he 
could  not  carry  in  Parliament,  nor  in  the  Cabinet,  any  honest  system 
with  America,  if  he  meant  to  do  it ;  but  he  is  himself  very  far  from 
being  steady  in  his  American  politics,  any  more  than  Camden  or 
Richmond ;  and  Sidney  and  Caermarthen  are  cyphers.  This  is 
naked  truth,  but  I  should  be  unworthy  of  your  confidence  if  I  did 
not  expose  it  to  you,  although  your  prudence  and  that  of  Congress 
will  not  proclaim  it  to  the  world. 

This  great  event  of  the  French  and  Dutch  alliance  must  awaken 
the  feelings  of  this  nation,  if  they  hav-e  any  left,  and  affords  the  only 
opportunity  which  has  yet  presented  for  offering,  with  any  propriety, 
a  memorial  concerning  the  evacuation  of  the  frontier  posts.  It  would 
have  looked  somewhat  too  emphatic  to  have  gone  with  a  memorial 
the  first  moment  of  the  arrival  of  the  news,  and  it  would  be  imprudent 
to  delay  it  till  the  whole  impression  is  worn  off.  As  a  medium,  then, 
I  have  concluded  on  the  day  of  the  next  stated  conferences  of  the 
foreign  Ministers,  which  will  be  next  Thursday,  before  the  drawing 
room,  to  wait  on  Lord  Caermarthen  with  a  memorial  requiring,  in 
the  name  of  the  United  States,  the  evacuation  of  all  the  posts. 

It  will  not  be  done,  however,  and  1  shall  have  no  answer.  They 
have  not  the  courage  to  refuse  any  more  than  to  comply.  I  have  no 
answer  to  any  of  my  letters  or  niemoriuls  to  the  Ministry,  nor  do  I 
expect  any  before  next  spring — perhaps  not  then. 

There  is  no  resource  for  me  in  this  nation.  The  people  are  dis- 
couraged and  dispirited,  from  the  general  profligacy  and  want  of 
princi|)le;  from  tlnj  want  of  confidence  in  any  leaders;  from  the  fro- 
fjuciit  disap|K)intnic-nts  and  impositions  tiicy  have  experlcnrt'd  in  turn 
fiofn  all  parties.  Patriotism  is  no  more,  nor  is  any  hypocrite  successful 
cnou;fli  to  make  liimself  believed  to  be  one. 


DIPLOMATIC  CORRESPONDENCE.  537 

Fox  and  his  friends  and  patrons  are  mined  by  the  endless  expenses 
of  the  last  elections,  and  have  no  longer  any  spint  or  any  enter- 
prise. 

North  and  his  friends  are  afraid  of  impeachments  and  vengeance, 
and  therefore  will  avoid  all  hazardous  experiments  by  which  the 
popular  cry  might  be  excited. 

I  see  nothing,  therefore,  to  prevent  the  States  from  completing 
their  measures  for  the  encouragement  of  their  own  manufactures  and 
navigation,  or  from  deliberating  upon  a  new  treaty  of  commerce  with 
France,  or  even  a  new  alliance.  You  might  probably  purchase  a 
market  for  your  ready-built  ships,  and  your  oil,  8ic.,  in  France,  and 
the  admission  of  your  flour,  and  all  other  things,  to  their  islands,  by 
stipulating  to  lay  greater  duties  upon  British  than  French  ships  and 
goods,  to  lay  duties  upon  English  West  India  rum  in  favor  of  French 
brandies,  &,c.  But  in  these  things  1  think  we  need  not  be  in 
haste. 

Mr.  Barclay  and  INIr.  Franks  are  gone  to  Morocco,  and  Mr. 
Lamb  and  Mr.  Randall  to  Algiers,  as  I  suppose. 

Russia,  as  well  as  Portugal,  are  piqued  at  present  with  this  Court, 
and  Count  Warranzow  has  several  times  lately  asked  a  friend  of 
mine  why  the  United  States  did  not  make  advances  to  his  mistress. 
Our  commissions  for  treating  with  the  Powers  of  Europe  expire  next 
June — long  before  we  shall  have  completed  the  business.  Congress 
will  determine  whether  to  renew  them. 

I  have  the  honor  to  be,  Sic,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  November  24,  1785. 

Dear  Sir, 
I  should  have  added  in  my  letter  of  this  day  that  Shelbume  pro- 
fesses to  be  steady  to  the  principle  which  he  adopted  at  the  peace ; 
and  if  he  were  to  come  in,  he  would  do  something  if  he  could  ;  but 
as  an  Irishman,  he  is  hated  both  by  the  English  and  Scotch  nobility. 
As  JNIarquis  of  Lansdown,  he  is  envied  for  his  elevation  over  older 
families,  and  he  seems  to  have  no  sufficient  connexions  to  support  a 
vigorous  administration,  nor  do  I  learn  there  is  any  probabiUty  of  his 
coming  in. 


533  JOHN  ADAMS— JOHN  JAY. 

Indeed,  I  think  this  nation  will  have  dangerous  convulsions.  The 
nobility  are  poor,  in  debt,  and  distressed,  and  at  present  the  great 
families  all  out  of  power.  Ireland  will  give  them  trouble,  and  no 
one  can  say  what  events  may  turn  up  from  day  to  day.  If  the 
stocks  can  be  supported,  however,  the  calm  will  continue ;  but  it  is 
doubtful  whether  this  can  be. 

There  is  no  question  more  frequently  asked  me  by  the  foreign 
Ministers,  than  what  can  be  the  reason  of  such  frequent  divisions  of 
States  in  America,  and  of  the  disposition  to  crumble  into  little 
separate  societies,  whereby  there  seems  to  be  danger  of  multiplying 
the  members  of  the  Confederation  without  end,  or  of  setting  up  petty 
Republics,  unacknowledged  by  the  Confederacy,  and  refusing 
obedience  to  its  laws  ?  In  the  infancy  of  societies  men  have 
generally  been  too  little  informed  in  their  understandings,  and  too 
much  given  up  to  the  government  of  their  passions  to  associate  in 
large  communities ;  but  experience  has  shewn  them  the  ill  effects 
of  too  many  divisions.  Spain  was  not  long  ago  divided  into  ten  or 
twelve  kingdoms ;  ten  of  them  are  now  united  in  one.  France 
was  once  divided  into  twelve  States ;  now  all  incorporated  into  one 
kingdom.  Scotland  was  formerly  divided  into  two  kingdoms,  and 
England  into  seven.     These  are  all  now  in  one. 

One  must  read  many  volumes  of  history  to  see  the  miseries  arising 
from  those  petty  divisions  of  mankind,  and  the  immense  expense  of 
blood  and  treasure  which  it  cost  them  to  learn  by  experience  the 
necessity  of  uniting  in  larger  bodies. 

I  have  not  information  enough  of  the  facts  in  any  particular 
instance  to  apply  these  reflections  to  any  particular  case  ;  but  the 
frequent  accounts  we  have  in  Europe  of  new  States  springing  up  out 
of  fragments  of  old  ones,  and  the  numerous  proposals  of  more,  do  us 
much  harm  abroad.  They  are  considered  as  proofs  of  an  impatience 
of  temper,  a  restlessness  of  disposition  that  will  give  us  much 
inconvenience,  will  weaken  us,  and  endanger  our  Confederation. 

It  is  the  oamost  wish  of  all  who  desire  our  prosperity,  that  this 
dangerous  spirit  may  be  checked  as  far  as  it  can  be  consistently  with 
reason  and  justice. 

It  gives  me  j)l('asuro  to  learn  that  Dortor  Franklin  is  arrived  in  so 
good  health,  and  that  he  is  hapj)y  in  Fliihulelpliia  ;  and  1  wish  very 
sincerely  that  his  great  age  and  singular  reputation  may  give  him  a 
dominion  over  the  n}inds  of  the  people,  sufficient  to  reconcile  them 


DIPLOMATIC  CORRESPONDENCE.  539 

to  certain  amendments  in  the  constitution  of  Pennsylvania,  without 
which  that  respectable  Commonwealth,  from  the  very  nature  of  man 
and  society,  must  forever  remain  a  prey  to  unbalanced  parties. 

I  have  not  had  the  time  to  send  you  copies  of  the  letters  which 
passed  between  me  and  Mr.  Fagel  and  Mr.  Dumas  upon  my  arrival 
here.  If  Mr.  Dumas  has  done  it,  I  am  much  obliged  to  him,  and  it 
will  be  unnecessary  for  me  to  repeat  them.  I  wish  a  Minister  may 
be  sent  there.  But  it  is  doubtful  whether  any  body  can  be  found  to 
accept  of  an  appointment  abroad,  and  you  will  not  be  surprised  at 
the  reluctance. 

With  great  regard,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  December  2,  1785. 

Dear  Sir, 

Enclosed  are  copies  of  private  letters,  which  have  passed  between 
Lord  Caermarthen  and  me,  relative  to  the  appointment  of  Mr. 
Anstey. 

The  end  of  this  appointment  is  to  prevent  impositions  upon  the 
commissioners  in  ascertaining  the  claims  of  the  loyalists.  Mr. 
Anstey  will  have  occasion  for  copies  of  public  records,  to  which  I 
suppose  there  can  be  no  objection  in  any  State,  and  as  his  friendly 
reception  will  have  a  tendency  to  conciliation,  I  make  no  scruple 
to  promise  to  recommend  him. 

I  might  have  written  a  letter  to  this  purpose  to  the  honorable  the 
delegates  of  each  State,  and  it  is  not  from  any  want  of  sufficient 
respect  to  them,  but  merely  for  want  of  time  that  I  have  not  done  it. 
I  hope,  therefore,  that  the  gentlemen  will  excuse  it,  and  accept  of 
this  general  recommendation  of  IMr.  Anstey  to  all  the  members  of 
Congress  in  the  execution  of  his  business. 

To  give  the  loyalists  facilities  in  procuring  evidence  of  their  losses, 
in  order  that  they  may  be  compensated  by  Great  Britain,  is  to  take 
away  from  them  all  reasonable  ground  of  complaint,  so  that  I  hope  1 
shall  not  be  thought  to  have  gone  beyond  my  line  in  so  readily 
complying  with  his  Lordship's  request. 

With  great  respect,  he,  JOHN  ADAMS. 


540  JOHN  ADAMS— JOHN  JAY. 

FROM  LORD  CAERMARTHEN  TO  JOHN  ADAMS. 

St.  James's,  November  30,  1785. 

Sir, 

The  commissioners  for  the  American  claims  having  notified  me 
that,  by  virtue  of  the  power  given  to  them  by  the  act  of  Parliament 
now  in  force,  they  have  appointed  John  Anstey,  of  Lincoln's  Inn, 
Barrister  at  Law,  to  repair  to  the  L^nited  States  of  America  to 
inquire  into  such  facts  and  circumstances  as  may  be  material  for  the 
better  ascertaining  the  several  claims,  which  have  been,  or  shall  be 
presented  under  the  authority  of  the  present  or  former  act,  and  that 
they  are  of  opinion  that  the  countenance  of  the  several  States  may 
tend  to  facilitate  the  execution  of  this  employment,  I  am  to  request 
that  you  will  communicate  INIr.  Anstey's  appointment  to  the  members 
of  Congress,  and  recommend  him  to  their  protection  and  counte- 
nance, in  the  execution  of  the  business  with  which  he  is  charged. 

I  have  the  honor  to  be,  kc,  CAERMARTHEN. 


FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Grosvcnor  Square,  December  2,  1785. 

My  Lord, 

I  have  received,  with  a  great  deal  of  pleasure,  the  letter  which 
your  Lordship  did  me  the  honor  to  write  me  on  the  30th  of  last 
month. 

I  will  take  the  earliest  opportunity,  my  Tjord,  to  communicate  Mr. 
Anstey's  appointment  to  the  members  of  Congress,  and  to  recom- 
mend him  to  their  protection  and  countenance,  in  the  execution  of 
the  business  with  which  he  is  charged. 

And  if  your  Lordship  or  Mr.  Anstey  should  apprehend  that  it 
might  be  of  any  service  to  iiim  in  his  public  or  private  capacity, 
I  will,  with  pleasure,  give  him  letters  of  recommendation  to  the 
Governors  of  the  several  States,  or  to  any  other  characters  to  whom 
he  may  wish  to  be  introduced,  whenever  Mr.  Anstey  will  do  me 
the  honor  to  call  upon  me. 

With  great  respect,  he,  JOHN  ADAMS. 


DIPLOMATIC  CORRESPONDENCE.  541 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  December  6,  1785. 

Dear  Sir, 

If  the  facts  which  I  have  had  the  honor  to  state  to  you  in 
my  preceding  letters  are  credited,  I  think  it  will  appear  that  the  con- 
nexions of  these  kingdoms  with  foreign  Powers,  every  idea  of  the 
balance  of  Europe,  the  dominions  of  Great  Britain  in  Asia  and 
America,  and  all  considerations  of  posterity,  are  sacrificed  to  a 
momentary  tranquillity  and  credit ;  from  which  premises  it  will  be 
easy  to  conclude  what  will  be  the  effect  of  the  memorial,  a  copy  of 
which  is  here  enclosed,  and  which  I  shall  certainly  present  to-morrow. 
It  will  not  be  answered  in  any  manner.  It  is  generally  said  "  things 
must  take  their  course ;  we  must  take  our  chance,  and  meet  the 
consequences  of  all  the  combinations  of  our  rivals,"  "we  must  risk 
it,"  &.C.  It  is  commonly  said  that  Ministry  will  bring  in  an  act  of 
ParUament,  at  their  next  session,  placing  the  United  States  upon  the 
footing  of  the  most  favored  nation,  and  then  let  them  do  what  they 
please. 

Thus  I  find  myself  at  a  full  stop.  I  shall  not  neglect  any  oppor- 
tunity to  say  or  do  whatever  may  have  the  least  tendency  to  do  any 
good ;  but  it  would  be  lessening  the  United  States,  if  I  were  to  tease 
Ministers  with  applications  which  would  be  answered  only  by  neglect 
and  silence. 

I  shall  transmit  you  everytliing  I  can  which  may  afford  you  any 
information ;  but  I  think  Congress  cannot  avoid  instructing  me  to 
demand  an  answer,  and  to  take  my  leave  and  return  to  America  if  it 
is  not  given  me  in  a  reasonable  time  in  the  spring.  It  is  now  with 
the  States  to  determine  whether  there  is  or  is  not  union  in  America ;  if 
there  is,  they  may  very  easily  make  themselves  respected  in  Europe. 
If  there  is  not,  they  will  be  very  little  regarded,  and  very  soon  at 
war  with  England,  as  I  verily  believe.  I  should  advise  all  the  great 
seaport  towns  to  think  a  little  of  the  means  of  defence,  put  the 
fortifications  they  have  in  as  good  order  as  they  can,  furnish  them- 
selves with  arms  and  ammunition,  and  put  the  militia  throughout  the 
continent  upon  as  good  a  footing  as  may  be. 

I  have  little  reliance  on  our  negotiations  in  Barbary.  The  presents 
we  have  to  offer  will,  I  fear,  be  despised.  We  shall  learn  by  them, 
however,  what  will  be  necessary,  and  Congress  will  determine  what 


542  JOHN  ADAMS-JOHN  JAY. 

we  must  do.  Mr.  Lamb  and  Mr.  Randall  are  gone.  Mr.  Barclay 
has  been  detained  by  Monsieur  Beaumarchais's  accounts,  but  1  hope 
will  go  soon. 

If  all  intercourse  between  Europe  and  America  could  be  cut  off 
forever,  if  every  ship  we  have  were  burnt,  and  the  keel  of  another 
never  to  be  laid,  we  might  still  be  the  happiest  people  upon  earth, 
and  in  fifty  years  the  most  powerful.  The  luxuries  we  import  from 
Europe,  instead  of  promoting  our  prosperity,  only  enfeeble  our  race 
of  men  and  retard  the  increase  of  population.  But  the  character  of 
our  people  must  be  taken  into  consideration.  They  are  as  aquatic 
as  the  tortoise  and  sea-fowl,  and  the  love  of  commerce,  with  its 
conveniences  and  pleasures,  are  habits  in  them  as  unalterable  as  their 
natures.  It  is  in  vain  then  to  amuse  ourselves  with  the  thought  of 
annihilating  commerce  unless  as  philosophical  speculations.  We  are 
to  consider  men  and  things  as  practical  statesmen,  and  to  consider 
who  our  constituents  are,  and  what  they  expect  of  us.  Upon  this 
principle  we  shall  find  that  we  must  have  connexions  with  Europe, 
Asia,  and  Africa,  and,  therefore,  the  sooner  we  form  those  con- 
nexions with  a  judicious  system  the  better  it  will  be  for  us  and  our 
children. 

We  may  now  take  measures  which  may  save  us  many  miseries 
and  a  vast  expense  of  blood ;  we  shall  find  that  nothing  can  be  done 
in  Europe,  but  by  keeping  up  the  dignity  of  the  United  States,  and 
that  dignity  in  Europe  is  a  very  different  thing  from  that  which  is 
and  ought  to  be  dignity  in  America. 

I  have  the  honor  to  be,  he,  JOHN  ADAMS. 


A  Memorial  from  Mr.  Adams  respecting  the  Evacuation  of  the 

Posts,  SfC. 

The  subscriber,  Minister  Plonipotrntiary  from  the  United  States 
of  America,  has  the  honor  to  represent  to  the  Ministry  of  his 
Britannic  Majesty,  that  by  the  seventh  article  of  the  preliminary 
treaty  of  peace  between  his  Majesty  and  the  United  States  of 
America,  signed  at  I*aris  on  the  thirtieth  day  of  November,  one 
thousand  seven  hundred  and  eighty-two,  confirmed  by  the  definitive 
treaty  of  jiearc,  signed  at  I'aris  on  the  third  day  of  September,  one 
lliousand  seven  hmidrcd  and  eighty-three,  it  was  stipulated  that  his 


DIPLOMATIC  CORRESPONDENCE.  543 

Britannic  Majesty  should,  with  all  convenient  speed,  and  without 
causing  any  destruction,  or  carrying  away  any  negroes,  or  other 
property  of  the  American  inhabitants,  withdraw  all  his  armies, 
garrisons,  and  fleets,  from  the  said  United  States,  and  from  every 
port,  place,  and  harbor  within  the  same,  leaving  in  all  fortifications 
the  American  artillery  that  may  be  therein. 

That  although  a  period  of  three  years  has  elapsed  since  the 
signature  of  the  preliminary  treaty,  and  of  more  than  two  years  since 
that  of  the  definitive  treaty,  the  posts  of  Oswegatchie,  Oswego, 
Niagara,  Presque  Isle,  Sandusky,  Detroit,  Michilimackinac,  with 
others  not  necessary  to  be  particularly  enumerated,  and  a  considerable 
territory  around  each  of  them,  all  within  the  incontestable  limits  of 
the  said  United  States,  are  still  held  by  British  garrisons,  to  the  los3 
and  injury  of  the  said  United  States. 

The  subscriber,  therefore,  in  the  name  and  behalf  of  the  said 
United  States,  and  in  obedience  to  their  express  commands,  has  the 
honor  to  require  of  his  Britannic  Majesty's  Ministry,  that  all  bis 
Majesty's  armies  and  garrisons  be  forthwith  withdrawn  from  the  said 
United  States,  from  all  and  every  of  the  posts  and  fortresses  herein- 
before enumerated,  and  from  every  other  port,  place,  and  harbor 
within  the  territory  of  the  said  United  States,  according  to  the  true 
intention  of  the  treaties  aforesaid. 

Done  at  Westminster,  this  thirtieth  day  of  November,  one  thousand 
seven  hundred  and  eighty-five. 

JOHN  ADAMS. 
o 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Westminster,  December  9,  1785. 

Dear  Sir, 
I  went  to  Court  yesterday  morning,  if  not  in  despair,  with  very 
faint  hopes  of  ever  receiving  an  answer  to  any  letter  or  memorial  of 
mine  to  the  British  Ministry.  I  went  early,  but  found  three  of  the 
foreign  Ministers  before  me.  The  rule  is  to  admit  them  to  his 
Lordship  in  the  order  in  which  they  arrive.  In  my  turn  1  was 
shewn  into  his  Lordship's  apartment,  received  very  politely  as  usual, 
and  very  much  surprised  to  be  accosted  by  him  with  '•  Mr.  Adams, 

*  I  am  about  to  write  you  officially.     I  have  received  a  letter  from 

*  Lord  Howe,  relative  to  your  communication  concerning  the 
'  behavior  of  a  captain  of  a  man-of-war  at  Boston.     The  Admiralty 

*  letter  is  very  long,  and  I  shall  send  you  a  copy  of  it.     I  am  also  to 


544  JOHN  ADAMS-JOHN  JAY. 

'answer  your  memorial  concerning  the  seamen.  The  ship  is 
'  ordered,  and  expected  home  from  the  East  Indies,  and  when  she 
'  arrives,  the  man  you  appUed  for  will  he  discharged."  "  And 
<  orders  are  gone  to  Portsmouth  to  discharge  the  other  sailor  whom 
'you  mentioned." 

This  last  requires  some  explanation,  as  I  have  not  mentioned  it 
l)eforc  to  you.  Some  time  ago  I  received  a  letter  from  a  man  at 
Portsmouth,  who  called  himself  an  American,  and  desiring  me  to 
apply  for  his  discharge.  But  as  I  had  no  orders  from  Congress 
concerning  him,  nor  any  other  information  than  his  own  letter,  I 
thought  it  not  safe  to  apply  officially  in  his  behalf.  When  I  deliv- 
ered my  memorial  demanding  the  discharge  of  the  sailors  in  general, 
1  shewed  this  man's  letter  to  his  Lordship,  and  left  it  with  him,  and 
it  has  had,  it  seems,  a  better  fortune  than  I  expected.  I  replied  to 
his  Lordship  that  1  was  very  happy  to  hear  that  I  was  soon  to  have 
an  official  answer,  for,  that  whenever  we  could  come  to  communicate 
officially  and  freely,  I  hoped  we  might  gradually  remove  all  difficul- 
ties. We  fell  then  into  some  conversation  upon  the  other  points. 
But  as  nothing  new  was  sai^l  on  either  side,  and  I  could  learn 
nothing  new  from  him,  it  would  be  fatiguing  you  to  no  purpose  to 
repeat  it.  One  thing,  however,  his  Lordship  said,  in  the  course  of 
conv(>r.sation  :  "That  he  could  not  yet  give  me  any  satisfaction  upon 
'any  other  points,  because  nothing  was  yet  determined.  ]\Ir.  Pitt 
'had  all  my  papers  under  consideration,  and  iuul  not  yet  determined 
'  any  thing." 

At  length  I  presented  to  his  Lordship  the  memorial  of  the  30th 
JVovember,  copy  of  which  is  here  enclosed.  I  do  not  expect  an 
answer  till  next  summer.  But  I  thought  it  safest  for  the  United 
States  to  have  it  represented,  because  without  it  some  excuses  or 
pretences  might  have  been  set  up  that  the  evacuations  had  not  yet 
been  formally  demanded. 

With  great  esteem,  he,  JOlliN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Groavcnor  Square,  Dcccmbor  12,  1785. 
Dear  Sir, 
1  iiave  at  length  an  official  answer  from  the  Marquis  of  Caermarthen, 
in   liis   letter  to   me  of  tin;  9lh   of  this   nionlli,  a   coj)y  of  wliich   is 
enclosed,  together  with   a  copy  of  a   letter   from   the  Lords   of  the 


DIPLOMATIC  CORRESPONDENCE.  545 

Admiralty  of  the  7th  to  his  Lordship.  I  wish  I  might  expect  as 
seasonable  an  answer  to  my  memorials  of  the  30th  November,  and 
all  other  letters,  proposals,  and  memorials.  Their  answer  concerning 
the  sailors  is  more  favorable  than  I  expected,  and  that  respecting 
Captain  Stanhope  is  as  much  so.  All  the  foreign  Ministers  here 
complain  that  they  cannot  get  any  answers  from  the  Ministry 
respecting  seamen,  without  great  difficulty.  The  Count  de 
Kageneck,  the  Imperial  Minister,  told  me  lately  that  he  had  memo- 
rialized for  a  sailor  three  years  ago,  and  had  often  solicited  an 
answer,  but  could  not  obtain  it  to  this  day. 

With  great  respect,  ^c,  JOHN  ADAMS. 


FROM   LORD    CAERJMARTHEN    TO    JOHN    ADAMS. 

St.  James's,  December  9,  1785. 
Sir, 

I  did  not  fail  to  lay  before  the  King  the  letter  you  did  me  the 
honor  to  write  to  me  relative  to  the  conduct  of  Captain  Stanhope,  of 
his  Majesty's  ship  the  Mercury,  at  Boston,  with  the  resolutions  of 
the  Congress  of  the  United  States  therein,  as  well  as  your  memorial 
claiming  the  release  of  such  American  seamen  as  are  detained  in  his 
Majesty's  service ;  and  his  Majesty  having  directed  me  to  transmit 
these  papers  to  the  Lords  of  the  Admiralty  for  their  consideration 
and  opinion  as  to  what  orders  it  might  be  proper  to  give  thereupon, 
I  send  you,  enclosed,  a  copy  of  the  letter  I  have  received  from  their 
Lordships  on  these  subjects,  which  I  hope  will  convince  you  that 
eveiy  possible  attention  has  been  paid  to  your  representation  upon 
these  points. 

I  have  the  honor  to  be,  he,  CAERMARTHEN. 


FROM   THE    LORDS    OF    ADMIRALTY   TO    LORD    CAERMARTHEN. 

Admiralty  Office,  December  7,  1785. 
My  Lord, 
Your  Lordship  having  transmitted  to  us,  in  your  letter  of  the  1st 
ultimo,  a  copy  of  a  letter  which  you  have  received  from  ]Mr.  Adams, 
Minister  Plenipotentiary  from  the  United  States  of  America,  together 
with  the  resolution  of  the  United  States  in  Congress,  relative  to  the 
Vol.  II 35 


546  JOHN  ADAMS-JOHN  JAY. 

conduct  of  Captain  Stanhope,  of  his  Majesty's  ship  the  Mercury,  at 
Boston,  in  the  month  of  August  last,  and  your  Lordship  having 
signified  iiis  Majesty's  pleasure  that  we  should  take  the  same  into 
our  consideration,  and  that  as  Captain  Stanhope,  in  his  correspond- 
ence with  Mr.  Bowdoin,  has  made  use  of  expressions  which  appear 
to  be  highly  improper  and  unbecoming,  we  should  acquaint  your 
Lordship,  for  his  ]Majesty's  information,  with  our  opinion  thereupon, 
and  transmit  you  a  copy  of  such  orders  as  may  be  judged  proper  to 
be  sent  to  Captain  Stanhope,  that  you  may  lay  the  same  before  the 
King,  and  receive  his  Majesty's  commands  as  to  the  answer  to  be 
returned  to  the  American  Minister's  letter ;  and  your  Lordship  having 
also  transmitted  to  us  in  your  said  letter  a  copy  of  a  memorial 
which  you  have  received  from  the  American  IMinister,  requiring  the 
discharge  of  American  seamen  detained  in  his  Majesty's  ships,  and 
desired  to  be  informed  of  the  orders  we  may  judge  proper  to  give 
thereupon,  that  you  may  acquaint  Mr.  Adams  therewith,  we  beg 
leave  to  acquaint  your  Lordship,  in  return  to  the  former  part  of  your 
letter,  that  we  have  not  received  any  account  from  Commodore 
Sawyer  or  Captain  Stanhope,  of  the  transaction  at  Boston  which 
gave  rise  to  Captain  Stanhope's  complaint  to  Governor  Bowdoin ; 
but  whatever  tiie  circumstances  of  the  case  might  he,  his  complaint 
should  ccrtaiidy  have  been  expressed  in  more  i)rop('r  and  becoming 
terms;  and  having  once  made  it,  he  would  have  done  well  to  have 
afterwards  remained  on  board  his  ship,  and  not  exposed  himself  to  a 
repetition  of  the  injury,  or  engaged  in  any  dispute,  which,  by  his 
commanding  officer's  instructions,  he  had  been  particularly  cautioned 
to  avoid,  but  have  finished  his  business  as  soon  as  possible,  and  left 
the  port,  trusting  that  any  insult  he  had  received  in  his  public  char- 
acter would  be  duly  noticed  when  properly  represented  to  his 
Majesty.  We  beg  leave,  at  the  same  time,  to  suggest  the  necessity 
wiiich  we  conceive  there  is  for  a  miuual,  fiicndly  reception  of  the 
subjects  of  States  in  amity  wiili  r;uh  othi  r,  in  their  respective  ports, 
j)rovi(led  ihf^y  ronform  to  the  law  s  and  customs  of  the  place. 

'I'hat,  upon  meeting  with  a  difirrent  treatment,  we  apprehend  the 
parties  can  only  seek  protection  by  apjylication  to  the  Chief  Magis- 
trate; resident  on  the  spot,  as  it  might  be  impossibh;  for  them  to  slay 
long  enough  to  obtain  it  in  th(;  common  forms  of  law,  to  which  the 
Governor  referred  Captain  Stanhope  for  redress ;  and  wc  must 
remark  that,  in  this  instance,  it  appears  from  the  conversation  which 


DIPLOMATIC  CORRESPONDENCE.  547 

passed  on  the  subject,  the  act  of  violence  offered  to  Captain 
Stanhope  arose  not  from  any  impropriety  in  his  private  conduct,  but 
in  resentment  of  certain  pubUc  commercial  regulations  foreign  to  the 
purpose  of  his  entering  the  port.  And  though  the  Governor  supposes 
these  kinds  of  outrages  to  be  very  frequent  in  all  sea  ports,  we  do  not 
know  of  any  ship  or  vessel  belonging  to  the  American  States  having 
experienced  similar  treatment  in  any  of  the  ports  of  these  king- 
doms. 

We  have  transmitted  to  Commodore  Sawyer,  a  transcript  of  the 
resolution  of  the  United  States  in  Congress,  with  directions  to  him 
to  call  upon  Captain  Stanhope  for  the  motives  of  his  conduct  in  the 
matters  therein  complained  of,  and  shall  lose  no  time  in  communica- 
ting to  your  Lordship  our  sentiments  thereon,  when  the  Commodore's 
report  enables  us  to  pay  a  due  obedience  to  his  Majesty's  commands 
on  that  head. 

With  respect  to  the  requisition  of  Mr.  Adams,  in  his  memorial 
mentioned  in  the  latter  part  of  your  Lordship's  letter,  that  orders  be 
immediately  given  for  the  release  of  Richard  Low,  and  of  all  such 
seamen,  soldiers,  or  citizens  of  the  United  States  as,  having  been 
captured  during  the  late  war,  may  yet  be  detained  in  his  Majesty's 
prisons,  garrisons,  armies,  and  ships,  we  have  to  acquaint  your 
Lordship  that  as  it  is  not  probable  any  American  seamen  of  the 
description  abovementioned  should  be  detained  on  board  any  of  his 
Majesty's  ships,  except  those  which  are  now  on  their  passage  from 
the  East  Lidies,  all  others  having  been  put  into  commission  since  the 
conclusion  of  the  war,  we  do  not  think  it  necessary  to  give  a  general 
order  for  their  release,  as  those  ships  will  be  paid  off  as  soon  as 
possible  after  their  arrival,  and  their  crews  consequently  discharged 
from  his  Majesty's  service. 

As  to  John  Ledyard,  (whose  application  to  be  discharged  from  the 
Powerful,  one  of  the  guard-ships  at  Plymouth,  accompanied  the 
memorial,  although  not  particularly  mentioned  therein,)  having 
found  upon  inquiring  into  the  circumstances  of  his  case  that  he  is  a 
subject  of  the  United  States,  and  that  he  declared  himself  to  be  a 
native  of  Boston  when  he  voluntarily  entered  on  board  that  ship, 
we  have  ordered  him  to  be  discharged,  agreeable  to  his  request ;  and 
if  any  other  seamen,  subjects  of  the  said  United  States,  are  serving 
on  board  his  Majesty's  ships,  they  will  be  considered  in  the  same 
light   as   subjects   of   other    foreign   States,    and   consequently   be 


543  JOHN  ADAMS-JOHN  JAY. 

discharged  upon  application  to  this  Board,  either  directly  or  through 
the  medium  of  their  jNIinister  residing  at  this  Court,  if  their  just 
pretensions  thereto  shall  be  properly  ascertained. 
We  are,  k.c., 

HOWE, 

CHA:  BRETT, 

RD:  HOPKINS, 

J.  LEVESON  GOWER. 


FROM  JOHX  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  December  15,  1785. 

Dear  Sir, 

There  are  mysterious  movements  of  various  kinds  that  ought  to 
be  observed  and  reflected  on,  although  we  cannot  draw  any  certain 
conclusions  from  them. 

General  Faucett  is  often  at  the  levee,  not  indeed  on  Wednesdays, 
not  at  the  drawing-room  on  Thursdays,  on  which  occasions  the 
foreign  Ministers  attend,  but  on  Fridays,  when  there  are  no 
strangers,  and  when  only  the  ^Ministers  of  State,  and  the  ofliccrs  of 
the  Army  and  Navy,  and  some  of  their  own  foreign  Ministers,  and 
other  civil  officers,  appear.  From  this  circumstance  certain  warm 
imaginations  entertain  suspicions  that  Faucett  is  to  be  sent  to 
Brunswick,  Hesse,  Anspach,  &ic.,  to  enlist  another  body  of  merce- 
naries. But  it  is  more  probable  it  is  to  consult  upon  certain  points 
relative  to  the  pay  of  the  German  troops  for  time  and  services  that 
are  passed. 

General  Arnold  is  gone  out  to  America  too.  From  tliis  some 
persons  have  conjectured  that  war  is  determined  on,  or  at  least 
thought  not  improbable.  He  went  to  Halifax  in  a  vessel  of  liis 
own,  with  a  cargo  of  his  own,  upon  a  trading  voyage,  as  is  given 
out.  This  I  can  scarcely  believe.  It  would  hardly  be  pcmiittcd  a 
general  ofiiccr  to  go  upon  such  a  trade.  He  said  himself  lie  had  a 
young  family  to  provide  for,  and  could  not  bear  an  idle  life.  This 
is  likely  enough.  I  rather  think,  then,  that  lie  has  obtained  leave  to 
go  out,  and  purchase  himself  a  settlement  in  iNova  Scotia  or  Canada, 
that  he  may  be  ready  against  the  possibility  of  a  war,  and  that  he 
may  be  out  of  the  way  of  feeling  the  neglect  and  contemiit  in  which 
he  is  held  by  not  only  the  army,  but  the  world  in  general. 


DIPLOMATIC  CORRESPONDENCE.  549 

Joseph  Brandt  has  lately  arrived,  with  Lieutenant  Governor 
Hamilton,  from  Quebec ;  and  the  Indian  has  been  presented  to  the 
King,  at  a  Friday  levee,  I  suppose  as  a  colonel  in  the  British 
service.  This  confirms  and  increases  the  reports  of  a  general  confed- 
eration of  the  Indian  nations  against  the  United  States,  which  the 
refugees  propagate,  partly  from  the  pleasure  they  take  in  the  thought, 
and  partly  to  persuade  Government  to  build  ships  and  forts  upon  the 
lakes — services  in  which  they  hope  to  get  employment  under  the 
Crown,  and  the  fingering  of  some  of  its  money.  Brandt  has  been 
heretofore  in  England,  and  is  probably  sent  for  now  to  be  consulted, 
as  well  as  Hamilton.  But  there  are  such  disputes  and  discontents 
in  Canada,  that  the  Ministry  know  not  what  course  to  steer,  and  I 
suppose  wish  to  have  Carleton  and  Haldiman,  Hamilton  and  Brandt, 
altogether,  face  to  face,  that  they  may  determine  what  to  do.  They 
will  determine  all  at  once  who  shall  be  Governor ;  what  form  the 
Government  shall  have ;  whether  to  give  up  the  frontier  posts ; 
whether  to  treat  with  the  Lidians  for  neutrality  or  alliance; 
whether  to  build  ships  or  forts  upon  the  lakes,  &;c.  But  as  this 
Cabinet  is  extremely  undecided,  they  cannot  but  be  secret  until  they 
shall  be  forced  to  determine.  We  may  learn  something  in  the 
w^inter  session  of  Parliament,  but  shall  not  know  the  whole  till  next 
summer. 

The  Marquis  de  la  Fayette  and  Colonel  Smith  have  returned  from 
Germany,  somewhat  alarmed  at  the  impression  made  in  that  country 
by  the  English  newspapers,  to  our  disadvantage.  When  I  first 
became  acquainted  a  little  in  Europe,  I  was  constantly  chagrined  by 
this  perpetual  impudence  of  the  public  prints,  and  have  all  along 
done  as  much  as  my  time  and  means  would  admit  of  to  detect  it. 
But  I  have  long  since  found  it  an  Augean  stable. 

The  truth  is,  that  these  misrepresentations,  instead  of  being 
discountenanced,  are  encouraged  by  every  Court  and  Government  in 
Europe.  The  secret  motive  is  the  fear  of  emigration.  America  is 
popular ;  it  is  a  novelty.  There  is  an  abundance  of  provisions,  a 
plenty  of  employment  in  agriculture,  handicrafts,  navigation,  and 
commerce.  The  multitudes  in  every  nation  are  poor,  loaded  with 
taxes,  the  necessaries  of  life  dear,  and  employment  difficult  to  obtain, 
and  very  meanly  paid.  This  occasions  an  impatience  and  discontent 
at  home,  and  an  ardent  desire  to  emigrate  to  the  United  States. 


550  JOHN  ADAMS-JOHN  JAY. 

Every  Government  in  Europe  is  very  sensible  of  this,  and,  therefore, 
all  the  scribblers  in  their  pay  or  under  their  influence,  which  are 
almost  all  that  exist,  are  encouraged  to  collect  every  circumstance 
which  can  throw  a  damp  upon  the  spirit  of  emigration,  and  every 
tale  of  the  kind,  every  story  which  represents  America  disunited,  in 
confusion,  anarchy,  poor,  distressed,  miserable,  is  eagerly  caught  at, 
and,  true  or  false,  is  industriously  repeated  by  letters  and  rumors,  and 
ignorant  people  are  thus  deceived  into  a  belief  that  it  is  at  least 
doubtful  whether  they  shall  be  more  comfortable  in  America  than  at 
home. 

If  we  look  into  the  foreign  gazettes  which  circulate  m  France  and 
are  under  French  influence,  as  the  Gazette  D'Avignon,  the  Gazette 
de  deux  Fonts,  the  Brussels  Gazette,  and  others,  we  find  as  many 
political  inventions  to  this  purpose  as  in  the  English  newspapers.  I 
say  this  from  knowledge,  for  I  have  examined  those  publications 
with  attention,  with  this  very  view  for  a  long  time  together.  Even 
the  French  Mercury,  published  under  the  inspection  of  Government 
and  avowed  by  it,  is  but  little  purer  than  the  rest,  for  the  French 
are  averse  to  emigrations,  and  much  afraid  of  them. 

In  England  there  is  not  one  newspaper  but  is  full  of  such  dismal, 
and  such  false  representations.  One  paper  in  the  city,  under  the 
influence  of  an  Irish  volunteer,  has  lately  discovered  some  inclination 
to  be  more  impartial ;  but  all  the  writers  in  the  rest  are  busily 
employed  in  abusing  us;  and  it  is  so  far  encouraged  by  all  parties, 
chiefly  from  the  dread  of  emigrations,  that  it  is  unpopular  to  insert 
any  thing  to  the  contrary.  It  has  even  been  refused  to  insert  the 
acts  of  Congress  or  the  States,  the  speeches  of  Governors,  and  other 
public  proceedings,  in  the  knowledge  of  which  this  nation  is  greatly 
interested,  without  paying  at  the  rate  of  advertisements ;  and  this 
even  by  a  news  writer  who  piques  himself  upon  his  Impartiulity,  and 
boasts  that  his  paper  is  open  to  all  parlies.  Doctor  l^ice  is  con- 
tinually abused  for  his  pamphlet,  and  sometimes  expressly  because 
it  tends  to  encourage  emigrations.  In  this  state  of  things  I  must  be 
cavitious. 

I  am  not  able  to  pay  the  scribes  like  an  exchequer,  nor  jiromise 
them  pay  or  promotion  like  an  oj)j)osition.  And,  indeed,  paragraphs 
in  our  favor  seem  only  to  provokr^  ten  inventions  against  us.  Some- 
tliing  might  be  done  in  time,  however,  by  mixing  in  conversation  and 


DIPLOMATIC  CORRESPONDENCE.  551 

explaining  or  contradicting  the  grossest  and  worst  abuses.  But  this 
can  be  done  in  these  countries  only  by  the  civilities  of  the  table, 
and  by  a  liberal  hospitality,  in  which  we  are  much  straightened- 
House  rent,  furniture,  carriage,  and  a  certain  number  of  servants, 
with  the  daily  expenses  of  living,  which  cannot  be  avoided  without 
becoming  the  scorn  of  the  world,  and  without  being  insulted  by 
every  footman  and  porter,  consumes  all,  and  more  than  all,  our  allow- 
ance. I  feel  for  the  circumstances  of  my  country  as  much  as  any 
man  in  it ;  but  I  am  sure  those  circumstances  will  not  be  mended  by 
extreme  parsimony  in  the  support  of  her  servants  and  negotiators  in 
Europe.  Frugality  in  America  is  a  great  virtue,  and  it  ought  to  be 
attended  to  by  all  employed  in  Europe ;  but  we  shall  find  that 
hospitality,  and  even  splendor  and  magnificence,  are  essential  to  the 
support  of  our  reputation  in  every  country  of  Europe,  even  in  Holland, 
and  much  more  so  in  England  than  even  at  Versailles,  though  we 
cannot  make  a  formal  distinction  between  these  two. 

When  your  Ministers  are  seen  to  take  rank  of  nobles  and  bishops 
at  St.  James's,  who  spend  many  thousands  a  year,  and  are  observed  to 
live  at  home  and  appear  abroad  with  what  is  called  "  la  plus  infame 
economie,"  which  is  the  expression  every  day  in  vogue,  you  will 
find  that  neither  you  nor  they  will  be  considered  as  of  any  conse- 
quence. To  talk  of  republican  simplicity  is  to  make  it  v/orse. 
Every  republican  idea  is  detested,  and  they  think  themselves  bound 
in  duty  to  ridicule  it,  and  beat  it  out  of  countenance  in  self- 
defence. 

Your  Ministers  abroad  must  keep  a  table  for  the  entertainment  of 
their  countrymen,  for  the  entertainment  of  strangers  who  are  presented 
at  Court,  and  consequently  to  them,  to  return  the  civilities  that  are 
shown  them  by  foreign  Ministers  and  by  people  of  high  rank  in  the 
country.  They  ought  to  keep  a  table  at  times  for  the  entertainment 
of  men  of  letters  and  eminence  in  arts  and  sciences,  by  which  they 
might  remove  the  prejudices  of  the  world  against  their  country  and 
themselves,  and  attract  some  attention  and  good  will  to  both.  How 
far  any  of  these  things  are  in  our  power  to  do,  I  cheerfully  submit 
to  the  consideration  and  decision  of  Congress,  being  determined  to 
do  everything  in  my  power  with  the  means  I  have,  and  to  be  happy 
myself  whether  I  make  a  little  figure  or  a  great  one. 

With  great  esteem,  he,  JOHN  ADAMS. 


552  JOHN  ADAMS- JOHN  JAY. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  Westminster,  December,  1785. 

Dear  Sir, 

I  am  anxious  to  convey  to  you,  if  I  can,  in  as  strong  a  light  as 
that  in  which  I  see  it  myself,  the  iinpossihility  of  our  doing  anything 
satisfactory  with  this  nation,  especially  under  this  Ministry,  that  the 
States  may  neither  neglect  nor  delay  any  measure  which  they  would 
judge  necessary  or  expedient,  upon  the  certainty  that  England  will 
not  alter  her  conduct.  In  order  to  do  this,  I  must  be  allowed  to 
write  freely  things  which  Congress  ought  to  know,  but  to  keep 
secret.  I  know  how  much  I  expose  myself,  but  as  I  have  hitherto 
made  it  my  rule,  as  much  as  I  could,  to  conceal  nothing  which  I 
thought  necessary  to  be  known,  whatever  might  be  the  consequence 
to  myself,  I  shall  not  now  begin  "a  new  system,  and  shall  only 
request  that  a  reasonable  caution  may  be  observed,  not  to  injure  a 
man  merely  for  discharging  a  disagreeable  part  of  his  duty. 

The  King,  I  really  think,  is  the  most  accomplished  courtier  in  his 
dominions ;  with  all  the  affability  of  Charles  the  Second,  he  has  all 
the  domestic  virtues  and  regularity  of  conduct  of  Charles  the  First. 
He  is  the  greatest  talker  in  the  world,  and  has  a  tenacious  memory, 
stored  with  resources  of  small  talk  concerning  all  the  little  things  of 
life  which  are  inexhaustible.  But  so  much  of  his  time  is,  and  has 
been,  consumed  in  this,  that  he  is  in  all  the  great  affairs  of  society 
and  government  as  weak,  as  far  as  I  can  judge,  as  we  ever  understood 
him  to  be  in  America.  lie  is  also  as  obstinate.  The  unbounded 
popularity  acquired  by  his  temperance  and  facetiousness,  addctl  to 
the  splendor  of  his  dignity,  gives  him  such  a  continual  feast  of 
flattery,  that  he  thinks  all  he  does  is  right ;  and  he  pursues  his  own 
ideas  with  a  firmness  which  would  become  the  best  system  of  action. 
He  has  a  pleasure  in  his  own  will  and  way,  without  which  Ik;  would 
be  miserable,  which  seems  to  b(!  the  true  princi[)le  upon  \\hi(;h  he 
has  always  chosen  and  r(jert(!d  Ministers.  He  has  an  habitual 
contiMiipl  (jf  patriots  and  i)atriotisni — at  least  for  what  an-  callfd  in 
this  country  by  those  nan)es — and  takes  a  (Iclighl  in  nionilyiug  all 
who  have  any  reputation  for  such  (jualitics,  and  in  su[)i)orliiig  those 
who  liav(;  a  couiitt-r  charaf^tcr.  Upon  this  principh"  only  can  I 
account  for  the  number  of  Tories  which  were  forced  into  the  admin- 


DIPLOMATIC  CORRESPONDENCE.  553 

istration  of  the  Earl  of  Shelburne,  the  Duke  of  Portland,  and  Mr. 
Pitt,  and  for  the  immoderate  attachment  to  American  refugees  which 
has  appeared  in  all  of  them. 

Mr.  Pitt  is  very  young ;  yet  he  has  discovered  abilities  and  firm- 
ness upon  some  occasions ;  but  I  have  never  seen  in  him  any 
evidence  of  greater  talents  than  I  have  seen  in  members  of  Congress, 
and  in  other  scenes  of  life  in  America,  at  his  age.  I  have  not  yet 
seen  any  decided  proofs  of  principle,  or  patriotism,  or  virtue ;  on  the 
contrary,  there  are  many  symptoms  of  the  want  of  these  qualities, 
without  which  no  statesman  ever  yet  appeared  uniformly  great,  or 
wrought  out  any  memorable  salvation  for  any  country.  In  American 
affairs  he  has  vibrated  credit  as  a  pendulum,  and  no  one  can  yet 
guess  when  he  will  have  fixed.  His  attention  appears  to  have  been 
chiefly  given  to  two  objects — preserving  tranquillity  and  raising  the 
stocks.  His  attention  to  these  would  have  been  laudable  if  he  had 
not  neglected  others  equally  essential  in  the  end,  though  not  so 
urgent  for  the  present  period.  The  discontents  of  the  nation,  arising 
from  their  late  disappointments,  disgraces,  and  humiliations,  as  well 
as  the  pressure  of  taxes,  would  have  broken  out  into  seditions  if  the 
Ministers  had  not  studiously  avoided  every  thing  which  could  raise  a 
clamor  or  operate  forcibly  upon  popular  passions ;  and  if  the  stocks 
could  not  have  been  supported,  all  would  have  been  distraction  at 
once.  With  all  his  care  he  has  barely  escaped  from  more  furious 
tumults,  at  the  expense  of  a  few  stones  thrown  at  his  cari'iage,  and  a 
few  executions  in  effigy.  The  stocks  he  has  raised,  and  if  he  can 
keep  them  up  they  will  support  him,  and  intoxicate  the  nation  to 
such  a  degree  that  I  presume  it  will  be  impossible  for  him  to  pursue 
that  system  towards  America  and  Ireland,  which  is  indispensable  for 
the  complete  preservation  of  the  remainder  of  the  empire. 

No  Briton  would  deserve  the  character  of  a  statesman,  without  a 
comprehensive  view  of  the  interests  of  the  nation,  relative  to  their 
liberties  and  form  of  government,  relative  to  their  manufactures, 
commerce,  and  navigation,  relative  to  their  foreign  dominions  in 
Asia,  Africa,  America,  and  in  Europe,  relatively  to  all  the  other 
Powers  of  Europe,  especially  their  ancient  enemy,  who  has  always 
endangered  their  existence — I  mean  the  Crown  of  Bourbon,  and 
their  ancient  friends  who  have  assisted  in  supporting  them,  and 
rearing  up  their  wealth  and  power — I  mean  the  Dutch  and  the 
United  States  of  America,  and  all  these  relatively  to  the  interest  of 


554  JOHN  ADAMS— JOHN  JAY. 

posterity  and  future  ages.  But  I  have  not  seen  the  least  appearances 
of  any  man  In  the  three  kingdoms,  among  the  men  in  power,  who 
answers  this  description.  Landsdowne  is  the  most  hke  it,  but  he  is 
suspected,  his  selfishness  is  acknowledged,  and  his  influence  far  from 
great.     The  posts  upon  our  frontier  give  me  great  uneasiness. 

The  Ministers  and  people,  the  Chancellor,  Mr.  Dundas,  Mr. 
Jenkinson,  and  Lord  Gower,  being  of  the  old  set  of  King's  friends, 
it  may  be  easily  supposed  that  they  think  and  feel  like  him,  and 
consequently,  that  they  are  masters  of  his  character ;  that  they 
embarrass  Mr.  Pitt  whenever  his  principles  interfere  with  the  King's. 
To  their  counsel,  probably,  is  owing  the  late  accession  to  the  league  in 
Germany,  which  the  Chancellor  of  the  Exchequer  is  thought  to  have 
opposed.  To  the  same  cause  we  may  ascribe  the  undecided  conduct 
towards  Holland,  where  Sir  James  Harris  is  as  complete  a  cypher 
as  the  Baron  de  Lynden  and  I  have  the  honor  to  be  at  St.  James's. 

The  King  has  been  amused  by  his  old  deceivers,  who  are  very 
much  alike  in  America,  Holland,  and  Ireland,  by  assurances  that 
the  Prince  of  Orange  and  his  party  would  get  the  upperhand,  and 
that  the  populace  would  rise  to  De  Witt  and  the  patriots.  Under 
this  fond  delusion  the  time  has  been  dreamed  away,  and  those 
offers  were  delayed  until  they  were  too  late  to  have  any  effect, 
which,  if  they  had  been  in  season,  would  have  preserved  tlie  friend- 
ship, or  at  least  the  neutrality,  of  the  Dutch  to  this  country. 

Lord  Camden  and  the  Duke  of  Richmond,  if  they  ever  had  any 
just  notions  of  liie  relation  between  England  and  America,  are 
become  soured  by  the  company  they  keep,  and  if  tiiey  are  not 
inimical,  they  are  at  least  peevish  and  fretful  on  every  subject  that 
concerns  us.  Lord  Caermarthen  is  rich  and  of  high  rank,  very  civil 
and  obliging,  but  is  not  enough  of  a  man  of  business  to  have  influence 
in  the  Cabinet,  or  to  project  or  conduct  any  thing.  Lord  Sidney, 
with  less  wealth  and  a  lower  rank,  has  all  the  parts  of  the  same 
character.  II'  liiese  traits  of  characters  are  just,  you  will  easily  be 
convinced,  that  we  cannot  expect  from  the  j)resent  Ministry  any 
rcasonabl(!  arrangement  with  America  for  some  time. 

If  we  look  to  opj)osition,  we  see  no  better  prospects.  Ix)rd  North 
is  sup[)os(!d  to  have  great  influence,  but  how  ?  By  being  at  the 
head  of  the  landed  interest,  which  is  but  another  term  for  the  Tory 
interest.  If  he  should  depart  from  their  system  he  would  lose  all 
consideration. 


DIPLOMATIC  CORRESPONDENCE.  555 

Mr,  Fox  has  never  been  steady  in  American  politics,  and  he  has 
not  at  present  the  spirit  to  take  any  decided  part ;  the  Marquis  of 
Lansdowne  would  be  more  liberal,  but  he  has  no  chance  to  come  in, 
and  if  he  had  he  would  not  be  able  to  carry  any  plan  into  execution ; 
so  numerous  and  violent,  from  all  quarters,  would  be  the  opposition 
to  him. 

The  Marquis  of  Buckingham  has  some  good  opinions  of  American 
commerce;  but  although  he  is  celebrated  for  minute  details  of 
information  in  American  affairs,  by  all  I  can  learn  of  him,  he  has 
lost  his  judgment  and  the  true  system  in  the  chaos  of  this  very 
minutiae ;  and  he  is  extremely  odious  to  great  multitudes  of  the 
people. 

Add  to  all  these  unfavorable  considerations,  that  the  stocks  are  at 
a  great  height,  and  the  nation  consequently  in  high  spirits,  as  they 
have  now  evidence,  they  think,  that  their  commerce  flourishes,  and 
their  credit  is  established  without  a  treaty  with  the  United  States, 
and  without  opening  the  West  Indies,  or  Canada,  Nova  Scotia,  and 
Newfoundland,  to  us,  without  taking  off  the  alien  duty  upon  oil,  or 
admitting  our  ready-built  ships  for  sale,  they  will  not  now  think  it 
necessary  to  do  any  of  these  things.  The  general  opinion  is  that  an 
act  of  Parliament  will  be  made  at  the  ensuing  Parliament,  placing 
the  United  States  upon  the  footing  of.  the  most  favored  nation,  and 
then  let  things  take  their  course ;  let  the  United  States  do  as  they 
please,  lay  on  duties  or  prohibitions,  or  make  navigation  acts,  as  they 
judge  proper. 

France  is  not  idle  amidst  all  this ;  the  language  they  hold  is  that 
of  perpetual  and  universal  peace ;  their  Ambassadors  in  all  the 
Courts  of  Europe  speak  in  this  style.  The  corps  diplomatic  here 
have  it  familiarly  in  their  mouths,  that  the  Courts  of  London  and 
Versailles  have  now  the  best  disposition  towards  each  other,  and 
that  there  is  every  prospect  of  a  long  peace  between  them ;  and 
there  is  such  a  fund  of  gullibility  in  this  nation,  that  these  lullabies 
soothe  them  into  perfect  security.  Indeed,  it  is  possible  the  peace 
may  be  maintained  for  some  years — long  enough  for  the  English  to 
get  a  little  money  to  go  to  war  again.  But  if,  at  the  end  of  fifteen 
or  twenty  years,  the  navies  of  France  and  Holland  shall  be  pitted 
against  that  of  Great  Britain,  and  especially  if  the  United  States 
shall  join  their  privateers  and  aids  to  the  confederacy,  the  crisis  of 
the  British  Empire  will  then  be  complete,  and  its  destruction  certain. 


556  JOHN  ADAMS-JOHN  JAY. 

Some  men  see,  but  posterity  and  futurity,  though  not  very  distant, 
appear  to  be  less  attended  to  in  this  country  at  present,  than  in  any 
other  in  the  world.  Present  advantage  is  all  they  aim  at,  present 
evil  is  all  they  hope  to  shun ;  are  so  assured  of  peace  with  all  their 
neighbors  in  Europe,  that  they  hold  all  we  can  do  in  indifference. 
They  think  that  if  we  should  raise  an  army  and  take  these  posts,  as 
we  have  a  right  to  do,  it  would  not  oblige  them  to  go  to  war  with 
us ;  but  if  we  should  march  an  army  to  Quebec  and  take  it,  and 
another  to  Nova  Scotia  and  take  that,  it  would  be  no  great  harm  to 
them ;  if  we  should  fit  out  privateers  against  their  trade,  they  could 
easily  send  a  line  of  frigates  along  our  coast  that  would  do  us  more 
harm,  so  that  they  are  quite  easy;  but  they  rely  upon  it  that  we 
shall  not  raise  an  army  to  take  the  posts.  The  expense  and 
difficulty  they  know  will  be  great,  and,  therefore,  they  think  they 
may  play  with  us  as  long  as  they  please.  The  refugees  are  doing 
all  they  can  to  persuade  the  King  and  INIinistry  to  build  a  fleet  of 
armed  ships  upon  the  lakes,  and  to  negotiate  with  all  the  Indian 
nations  in  order  to  attach  them  to  their  side.  If  these  people  can 
prevail,  our  posts  will  not  be  evacuated  until  this  new  system  is 
accomplished.  The  resolutions  of  some  of  the  United  States,  staying 
proceedings  at  law  for  old  debts,  and  some  other  resolutions  con- 
cerning the  Tories,  represented  to  have  been  in  some  instances 
counter  to  the  treaty,  will  be  the  pretence.  In  short,  sir,  I  am  likely 
to  be  as  insignificant  here  as  you  can  imagine.  I  shall  be  treated 
as  I  have  been,  with  all  the  civility  that  is  shown  to  other  foreign 
Ministers,  but  shall  do  nothing ;  I  shall  not  even  be  answered ;  at 
least  this  is  my  opinion ;  but  Congress  will  no  doubt  insist  upon  an 
answer.  Perhaps  it  may  be  most  convenient  to  wait  till  tlie  session 
of  Parliam(!nt  is  over,  that  we  may  have  a  full  know  ledge  of  their 
designs.  It  is  most  certain  that  what  is  called  high  language,  which 
you  and  I  have  heard  so  much  of  in  the  course  of  our  lives,  would 
be  misplaced  here  at  this  time.  I  would  not  be  answered  with  high 
language,  but  with  what  would  be  more  disagreeable  and  perj)lexing, 
with  a  contemptuous  silence. 

To  l>orrow  an  expression  from  iho  late  Governor  Bernard,  I  find 
myself  at  the  f-nd  of  my  tether.  No  step  that  I  can  take,  no 
language  I  can  hold,  will  do  any  good,  or,  indeed,  much  harm.  It 
is  Congress  and  the  Legislatures  of  the  States  who  must  deliberate 
and  act  at  present. 


DIPLOMATIC  CORRESPONDENCE.  557 

The  onlj  system  they  can  pursue  to  help  themselves  is  to  complete 
tlieir  regulations  for  the  encouragement  of  their  own  manufactures 
and  navigation ;  to  consider  of  more  intimate  commercial  connexions 
with  France  and  other  nations  of  Europe ;  to  push  their  trade  to  the 
East  Indies,  and,  perhaps,  to  extend  their  political  relations  with 
France  and  Holland.  How  far  it  will  be  wise  to  go  in  these  projects, 
I  pretend  not  to  judge ;  but  I  hope  they  will  proceed  with  caution 
and  deliberation.  The  United  States  stand  on  high  ground  at 
present,  and  they  will  consider  whether  it  would  not  even  be 
descending  to  form  any  closer  political  connexions  at  present.  They 
are  certainly  at  present  on  -'advantageous  ground,"  if  they  can 
unite  in  a  system ;  if  not,  they  must  trust  to  the  chapter  of  accidents. 

I  am,  dear  sir,  &;c.,  JOHN  ADAMS. 


Report  of  Secretary  Jay  on  Mr.  Adams's  letter  of  December,  1785, 

in  cypher. 

Office  for  Foreign  Affairs,  May  8,  1786. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  from  the  honorable  Mr. 
Adams  of  December  last,  in  cypher,  reports. 
That  the  contents  of   this  letter  may  be  classed    under    three 

heads : 

1.  The  characters  of  the  British  King  and  his  Ministers;  which, 
for  the  reasons  assigned  by  Mr.  Adams,  should  be  kept  secret. 

2.  The  restrictive  and  unfriendly  system  of  trade  with  respect  to 
America,  which  the  British  Government  and  the  nation  in  general 
appear  to  prefer  and  will  probably  adopt.  Of  this  system  the 
United  States  have  much  to  be  apprehensive ;  and  their  inability  to 
meet  it  by  general  and  proper  regulations  will  doubtless  encourage 
and  promote  it. 

Congress  at  present  can  do  nothing  on  the  subject  except  in  the 
way  of  recommendation ;  which,  being  a  very  ineffectual  way,  had 
better  not  be  tried,  lest  non-compliance  should  diminish  their  respect- 
ability and  impair  the  little  authority  they  possess.  In  the  opinion 
of  your  Secretary,  recommendations  should  be  avoided  as  much  as 
possible,  and  every  constitutional  requisition  impartially  enforced  with 
uniform  punctuality  and  decision. 


558  •  JOHN  ADAMS-JOHN  JAY. 

The  probability  that  the  posts  will  be  detained,  on  pretence  of  the 
treaty  of  peace  having  been  violated  by  American  acts  relative  to 
British  debts  and  the  Tories. 

On  this  point  your  Secretary  can  only  repeat  what  has  been 
suggested  in  other  reports,  viz :  that  what  wrong  may  have  been 
done  should  be  undone,  and  that  the  United  States  should,  if  it  were 
only  to  preserve  peace,  be  prepared  for  war. 

Mr.  Adams's  advice  in  this  and  many  of  his  other  letters  is  just; 
but  until  Congress  shall  be  put  by  further  powers  in  capacity  to  act 
upon  it,  there  would  be  little  use  in  particular  reports  on  subjects 
which  to  them  are  at  present  rather  matters  of  speculation  than 
provision. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM    JOHN    ADAMS    TO    JOHN    JAY. 

Grosvcnor  Square,  January  4,  1786. 

Dear  Sir, 

I  have  only  time  to  acquaint  you  that,  since  my  last,  there  have 
been  some  appearances  of  an  intention  in  IMinistry  to  take  up 
American  affairs.  Lord  Caermarthen  and  Mr.  Pitt  have  certainly 
had  conferences  witii  committees  of  merchants,  who  have  repre- 
sented to  them  the  necessity  of  arrangements  with  the  United  States 
upon  terms  which  \\\\\  give  satisfaction. 

I\everthel(;ss,  1  have  no  confidence  in  this  at  all,  and  I  think  that 
Congress  and  the  States  should  not  relax  in  any  measure  in  conse- 
quence of  it. 

Mr.  Pitt  did  say  to  Mr.  Campbi^ll,  the  principal  man  among  them, 
that  Mr.  Adams,  the  American  i\linisic'r,  was  well  disj)osed  to  a 
friendly  settlement,  and  had  made  some  propositions  to  the  King's 
Ministers,  who  were  also  well  disposed.  He  was  very  inquisitive 
whether  they  had  seen  Mr.  Adams.  They  answered  they  had  not, 
and  that  they  wfre  not  known  to  him  in  \\\r.  business.  This  was 
Ini'-  ill  ri  htcral  .scn.^c  ;  Imi  in  facl  ihcy  had  taken  |)aliis  to  give  me 
eirfuitous  iiiforiiiatioii  that  they  had  been  coiisulled  by  Ijord 
Cucrmarlheii,  and  to  de.^ire  of  me  such  information  as  1  could  give 


DIPLOMATIC  CORRESPONDENCE.  559 

them;  and  I  had,  by  means  of  Colonel  Smith,  conveyed  to  the  sight 
of  a  person  in  their  confidence  some  papers  containing  such  matter 
as  I  thought  might  be  trusted  to  them  in  such  a  mysterious  way. 
The  representation  they  have  made  is  very  strong,  as  they  say,  but  I 
cannot  yet  obtain  a  copy  of  it.  They  pretend  to  say  that  Mr.  Pitt 
assured  them  their  report  had  given  him  new  lights,  and  they  think 
America  may  have  whatever  she  desires,  except  a  free  trade  with  the 
West  India  Islands.  This  will  prove  only  a  delusion ;  for  if  the 
Ministry  really  are  desirous  of  an  equitable  settlement,  I  am  well 
persuaded  they  cannot  yet  carry  it  in  Parliament ;  so  that  I  hope  the 
States  will  persev^ere  in  their  own  measures,  and  that  even  all  the 
southern  States  will  at  least  lay  heavy  duties  upon  the  tonnage  of 
such  nations  as  have  not  treaties  with  us,  and  prohibit  the  importa- 
tion in  their  bottoms  of  any  merchandizes,  except  the  produce  of  the 
country  to  which  they  belong.  Even  the  importation  of  Irish  linens 
in  British  bottoms  should  be  forbidden  as  well  as  Silesia  linens, 
hemp,  and  duck  from  Russia,  and  iron  from  Sweden,  wines  from 
Portugal,  goods  from  the  East  Indies,  Sec. 

With  great  regard,  Lc,  JOHN  ADAMS. 


Report  of  John  Jay  on  Mi'.  Adamses  Memorial  relative    to    the 
evacuation  of  the  Northern  Posts. 

Office  for  Foreign  Affairs,  March  30,  1786. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  Mr.  Adams's  letters  of  the  2d,  6th, 
9th,  12th,  and  loth  December,  1785,  and  4th  January,  1786, 
with  the  papers  enclosed  with  them,  and  also  a  motion  founded 
on  Mr.  Adams's  memorial,  demanding  the  evacuation  of  tlie 
frontier  posts,  he,  reports : 
That,  in  his  opinion,  the  instructions  proposed  by  the  motion  in 

question  would  be  proper  and  expedient,  because, 

1st.  A  cateo-orical  answer  in  the  negative  would  involve  the  United 

States  either  in  a  war  or  in  disgrace.     They  are  not  prepared  for  the 

former,  and  should,  if  possible,  avoid  the  latter. 

2d.  It  would  not  be   expedient  to   press  that   answer  while  the 

intentions  of  the  Court  of  France  on  the  subject  remain  doubtful. 
Your  Secretary,    therefore,    thinks    that  Mr.  Adams    should    be 

immediately  instructed  in  the  words  of  the  said  motion,  viz :  "  To 


560  JOHN  ADAMS-JOHN  JAY. 

'  protract  his  negotiations  with  the  Court  of  Great  Britain  respecting 
'  the  posts  which  should  have  been  before  this  surrendered  to  the 
'  United  States,  and  other  infractions  of  the  said  treaty  by  that 
'  Power,  so  as  to  avoid  demanding  a  categorical  answer  respecting  the 
'same  until  the  further  orders  of  Congress." 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  January  21,  1786. 
Dear  Sir, 

On  Wednesday  the  Chevalier  del  Pinto  informed  me  that  he  had 
written  to  Lisbon  for  explanations  from  his  Court  upon  certain 
points ;  that  he  expected  an  answer  in  a  few  days,  and  that  as  soon 
as  he  should  receive  it,  he  would  call  upon  me,  and  proceed  in  the 
negotiation ;  that,  in  the  mean  time,  he  would  not  disguise  from  me 
the  solicitude  of  his  Court  to  send  a  Minister  to  Congress.  Etiquette 
forbids  that  the  Court  of  Portugal  should  send  an  Ambassador, 
Minister  Plenipotentiary,  or  Envoy  to  America,  until  the  United 
States  would  agree  to  send  one  of  equal  rank  to  Lisbon.  But  if 
Congress  had  any  reasons  for  not  sending  jNIinisters  of  so  high  an 
order,  they  might  send  a  resident  or  Charge  d'AfTaires.  I  answered 
him  that  I  had  heard  it  was  the  intention  of  Congress  to  send  a 
Consul,  but  that  I  could  say  no  further. 

Lord  Caerinarthon  on  Thursday  told  me  he  was  at  work  upon  an 
answer  to  my  memorial  concerning  the  posts,  and  should  complete  it 
as  soon  as  lie  could  collect  some  further  infornialion  concorning  the 
debts,  of  the  obstructions  to  the  })ayment  of  which  the  Ministiy  had 
received  complaints  from  persons  in  this  country  who  were  interested 
in  them.  You  may  conclude  from  this,  as  well  as  I,  what  kind  of 
answer  it  will  b(;.  I  am  very  glad  that  I  am  to  have  an  answer. 
Whatever  it  may  be,  it  will  lead  to  further  eclaircissement  and  a 
final  accommodation.  Yet  I  think  the  answer  will  not  come  before 
the  spring.  It  will  take  eighteen  months  more  to  settle  all  matters, 
exclusive  of  the  troaty  of  commerce. 

Mr.  Eden  has  said  within  a  few  days  that  lie  believed  there  would 
be  a  treaty  of  commerce  with  the  United  States  of  America  within 


DIPLOMATIC  CORRESPONDENCE.  561 

a  year  or  two.  He  may  wish  to  be  employed  in  it ;  for  however 
sanguine  he  may  be  of  his  success  at  Versailles,  I  shall  lose  my  guess 
if  he  ever  accomplishes  a  commercial  treaty  with  that  Court.  He 
may,  however.  This  nation  would  now  crouch  to  France  for  the 
sake  of  being  insolent  to  us.  The  disposition  to  crush  the  weak  is 
almost  always  attended  with  that  of  cringing  to  the  strong.  Arro- 
gance to  inferiors  is  ever  servile  to  superiors.  But  a  treaty  with 
France,  such  as  she  would  accept,  would  be  hurtful  to  such 
numbers,  and  raise  such  an  opposition  that  I  cannot  yet  believe  Mr. 
Eden  will  be  permitted  to  sign  one.  The  term  of  two  years  is 
expired,  and  Del  Campo  has  done  nothing.  Crawford  is  returned 
without  doing  any  thing  as  I  suppose. 

The  true  secret  of  the  appointment  of  Mr.  Eden,  as  I  conceive,  is 
the  Court  of  Versailles  was  offended  that  Crawford  was  not  allowed 
to  do  any  thing,  and  used  some  sharp  expression  which  intimidated 
the  Ministry.  Eden  was  appointed  for  two  ends,  first,  to  appease 
the  wrath  at  Versailles,  and  secondly,  to  keep  up  a  mysterious  delusive 
hope  in  the  English  nation.  Perhaps,  too,  the  Ministry  are  afraid  of 
commercial  speculations  between  France  and  Ireland.  These  con- 
jectures are  precarious,  and  no  great  stress  should  be  laid  on  them. 

With  great  respect  he,  JOHN  ADAMS. 
o 

FKOM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  January  26,  1786. 

Dear  Sir, 

Give  me  leave  to  introduce  to  you  John  Anstey,  Esquire,  barrister 
at  law  and  a  member  of  Parliament,  who  goes  out  by  authority  to 
verify  the  claims  of  the  Loyalists,  as  they  call  themselves.  I  believe 
it  to  be  the  design  of  Mr.  Pitt  to  pay  their  demands  which  shall  be 
found  to  be  supported,  and  withdraw  their  pensions,  and  then  leave 
them  to  seek  their  fortunes.  In  such  a  case,  if  our  States  repeal 
their  laws  against  them,  they  will  generally  return  to  their  old  homes, 
or  to  some  other  part  of  the  United  States,  where  they  must  become 
good  citizens  or  be  completely  insignificant. 

By  Mr.  Anstey  I  send  you  the  King's  speech  and  the  debates 
upon  it.  The  most  remarkable  thing  in  them  is  that  the  King  and 
every  member  of  each  house  have  entirely  forgotten  that  there  is  any 
such  place  upon  earth  as  the  United  States  of  America.  We  appear 
to  be  considered  as  of  no  consequence  at  all  in  the  scale  of  the 
Vol.  IL— 36 


562  JOHN  ADAMS— JOHN  JAY. 

world.  The  next  thing  observable  is,  that  Administration  and  Oppo- 
sition are  afrreed  in  tuming  their  thoudits  to  a  confederation  with 
Russia  and  Denmark,  in  which  they  wish  to  get  the  Emperor  to 
join,  as  a  balance  to  the  confederation  between  the  House  of  Bourbon 
and  Holland,  to  which  they  suppose  Sweden  attached. 

They  are  agreed  also  in  the  fact  that  there  is  a  surplus  of  revenue 
in  the  Treasury,  and,  therefore,  that  the  resources  of  the  country  are 
inexhaustible.  You  may,  perhaps,  smile  at  this  inference,  but  they 
are  very  grave. 

I  do  not  know  whether  we  ought  not  to  wish  that  they  may 
succeed  in  their  project  of  connexions  with  Prussia  and  Denmark, 
and  the  Emperor,  too ;  because,  when  one  part  of  Europe  shall 
become  thus  formally  pitted  against  the  other,  probably  both  sides 
may  begin  to  recollect  that  there  is  such  a  Power  as  the  United 
States  of  America,  and  that  she  has  some  influence.  Congress  may, 
in  such  case,  take  more  time  to  deliberate  whether  it  is  necessary  for 
them  to  engage  at  all,  and  if  it  should  appear  inevitable,  they  may 
make  better  terms. 

In  the  mean  time,  it  is  much  to  be  wished,  that  a  friendly  settle- 
ment could  be  made  with  Spain,  and  that  a  iMinister  might  be  sent 
to  Holland,  whose  inhabitants  are  the  most  cordial  friends  we  have  in 
Europe.  ^ 

I  have  had  an  opportunity  this  week  of  conversing  with  the 
Marquis  of  Lansdown  and  Lord  Abingdon,  his  friend  and  admirer. 
They  appear  to  me  to  be  as  far  from  having  adopted  any  decisive 
system  relative  to  us  as  Mr.  Pitt  or  Mr.  Fox.  This  conversation 
has  removed  every  expectation  that  there  will  be  any  party,  or  even 
any  individual,  in  Parliament  in  favor  of  a  liberal  commerce  with  us. 

The  United  States,  therefore,  have  no  choice  left.  Tiiey  nmst 
support  their  own  navigation  or  have  none. 

With  great  and  sincere  esteem,  he,  JOHN  ADAMS. 


FROM    JOH.V    JAY    TO    JOHN    ADAMS. 

Offiro  for  Foreign  AfTairs,  May  4,  1786. 
Dear  Sir, 

Since  the  '2'2d  of  February,  which  was  the  date  of  my  last  letter 

to  you,  I  liavc  been   honored  with  yours  of  the  4lh,  .'ith,  and   11th 

November,  and  2d,  Glh,  Dtli,  12lh,  and  15lh,  and  one  of    December 


DIPLOMATIC  CORRESPONDENCE.  553 

last,  and  also  of  4th,  21st,  and  26th  January,  1786.  All  of  them 
have  been  laid  before  Congress,  from  whom  I  have  no  instructions  to 
say  anything  more  on  the  subjects  of  them  than  what  you  will  find 
in  my  letters  to  you  of  the  1st  instant.  This  is  to  be  imputed  to 
there  not  being  so  many  States  convened  in  Congress  as  are  neces- 
sary to  decide  on  matters  of  that  kind,  for  since  last  autumn,  when 
the  new  election  took  place,  they  have  not  had  nine  States  on  the 
floor  for  more  than  three  or  four  days,  until  this  week.  There  are 
nine  at  present,  and  more  are  expected,  so  that  I  hope  more  attention 
will  now  be  paid  to  our  foreign  affairs  than  has  been  the  case  for 
many  months  past. 

Your  and  Mr.  Jefferson's  joint  letter,  dated  2d  and  11th  October 
last,  with  the  Prussian  treaty,  has  been  received,  and  I  have  reported 
a  ratification  of  it,  which,  when  agreed  to,  shall,  without  delay,  be 
transmitted.  The  pnnted  papers  herewith  transmitted,  will  give  you 
some  idea  of  our  affairs ;  the  proposed  imjiost  gains  friends,  and  the 
Legislature  of  this  State  has  passed  an  act  in  its  favor,  rather  in 
compliance  with  the  popular  opinion  than  that  of  a  majority  in  the 
House.  It  differs,  however,  from  some  material  parts  in  the  recom- 
mendation of  Congress,  and  it  is  not  certain  that  in  its  present  state 
it  will  be  accepted.  As  this  letter  will  go  by  the  packet,  I  avoid 
minute  details.  I  hope  by  the  next  private  ship  to  write  more 
circumstantially,  especially  as  it  is  probable  that  Congress  will  by 
that  time  have  concluded  on  several  matters  respecting  foreign  affairs, 
which  have  long  been,  and  now  are,  under  their  consideration. 

Mr.  Anstey  is  here,  and  I  think  has  reason  to  be  satisfied  with  the 
attention  shewn  him.  The  English  papers  do  us  injustice,  and  are 
calculated  to  create  a  much  greater  degree  of  asperity  in  this  country 
than  really  exists  in  it. 

Mr.  Hancock  is  still  at  Boston,  and  it  is  not  certain  when  he  may 
be  expected.  This  is  not  a  pleasant  circumstance,  for  though  the 
chair  is  well  filled  by  a  chau'man,  yet  the  President  of  Congress 
should  be  absent  as  little  and  seldom  as  possible. 

With  great  and  sincere  regard,  he,  JOHN  JAY, 


FROM    JOHN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  February  9,  1786. 
Sir, 

Colonel   Humphreys   informs  me   that   he   expects  to   return    to 

America  in  the  spring,  if  he  should  not  receive  orders  from  Congress 


564  JOHN  ADAMS— JOHN  JAY. 

to  remain  longer  in  Europe.  I  would  be  doing  injustice  to  the 
public  as  well  as  to  this  gentleman  if  I  were  to  let  him  return  home 
without  the  best  testimony  I  can  give  him  of  my  entire  satisfaction 
in  his  conduct  from  his  fu"st  arrival,  and  without  the  fullest  recom- 
mendation of  him  to  Congress. 

This  gentleman  and  another  whom  Congress  have  employed  in 
Europe  from  General  Washington's  family,  have  accomplishments 
which  do  honor  to  their  appointments  and  to  the  great  model  under 
whom  they  were  formed  to  the  service  of  their  country. 

With  great  respect,  he,  JOHN  ADAMS. 


FR0>r    JOHN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  February  14,  1786. 

Dear  Sir, 

I  have  received  your  letter,  enclosing  two  pamphlets,  one  of 
which  I  have  sent  to  Mr.  Jefferson  by  Colonel  Humphreys,  who  sets 
out  for  Paris  this  morning. 

These  letters  will  be  sufficient  to  shew  any  man  of  common 
decency  the  characters  of  the  writers.  On  one  side  there  is  the 
condescension  of  a  provident  but  indulgent  father ;  on  the  other,  the 
impertinence  and  ingratitude  of  a  prodigal  son,  not  yet  reduced  to 
the  mortification  of  eating  husks  with  the  swine. 

Wlmt  with  the  imprudence  of  some  of  our  young  men,  who,  like 
Littlepage,  are  natives  of  America,  and  what  with  the  assurance  of 
some  others,  who  assume  the  American  character  with  less  preten- 
sions to  it,  our  country  suffers  very  much  in  its  reputation. 

The  scene  to  which  I  was  witness  is  truly  and  candidly  described, 
and  I  have  so  certified  to  Mr.  Jefferson  and  to  others. 

It  is  indeed  a  mortifying  consideration  that  neither  purity  of 
character,  rank  in  society,  nor  any  degree  of  merit  or  reputation 
should  be  a  protection  against  such  rude  and  virulent  attacks,  which, 
however  drspised  or  resented  by  virtuous  and  judicious  men,  are 
commonly  received  and  applauded  without  thinking,  by  the  profligate, 
and  with  mahgnity  by  the  designing.  Even  such  extravagants  as 
Littlepage,  as  you  and  1  have  known  before,  arc  sometimes  cherished 
and  courted  for  the  deliberate,  though  secret  purpose  of  doing 
business  which  cannot  be  done  by  fairer  means. 


DIPLOMATIC  CORRESPONDENCE.  565 

In  this  case  I  rely  upon  it  that  no  injury  will  be  done  to  you ;  the 
attempt  is  too  gross. 

My  best  respects,  in  which  my  family  desires  to  join,  to  Mrs. 
Jay. 

With  great  esteem,  he,  JOHN  ADAMS. 


FROM    JOHN    ADA3IS    TO    JOHN    JAY. 

Grosvenor  Square,  February  16,  1786. 

Sir, 

The  expenses  of  insurance  on  American  vessels,  the  obstructions 
of  their  commerce  with  Spain,  Portugal,  and  Italy,  and  compassion 
for  our  fellow-citizens  in  captivity,  all  occasioned  by  apprehensions 
of  the  Barbary  corsairs,  must  excite  soHcitude  in  every  man  capable 
of  thinking  or  feeling.  It  is,  nevertheless,  certain  that  too  great  an 
alarm  has  been  spread,  since  no  more  than  two  vessels  have  been 
taken  by  the  Algerines,  and  one  by  Morocco.  Artificial  alarms 
might  be  diminished  by  discontinuing  the  practice  of  insuring  in 
England.  Lloyd's  Coffee  House  has  made  a  great  and  clear  profit 
because  no  vessel  has  yet  been  taken  which  has  been  there  insured. 
If  the  American  merchants  would  open  offices  at  home,  the  premium 
would  be  saved  to  the  country,  and  they  would  find  a  large  balance 
in  their  favor.  The  balance  of  trade  with  the  English  is  so  much 
against  us  that  we  ought  not  unnecessarily  to  make  ourselves 
tributary  to  them. 

Mr.  Lamb  drew  upon  me  bills  for  £2,000  at  Madrid,  the  24th  of 
January,  and  assures  me  in  his  letter  of  advice  that  I  shall  hear  from 
him  soon  at  Barcelona.  This  gentleman's  motions  are  slow ;  what 
can  have  detained  him  so  long  I  know  not ;  an  entire  stranger  to 
him,  having  never  seen  him,  nor  heard  of  him,  until  he  was 
announced  in  your  letter.  I  can  say  nodiing  of  his  character  or 
conduct. 

Mr.  Jefferson  understood  him  to  be  recommended  by  Congress; 
and  he  was  certainly  the  bearer  of  their  orders,  and  I  could  not  but 
concur  in  the  sentiment  of  my  excellent  colleague,  and  in  his 
construction  of  the  intentions  of  Congress.  Since  the  appointment 
was  made,  and  became  uTevocable,  I  heard  such  opinions  and  reports 
of  him  as  have  astonished  me.     He  has  with  him,  in  Mr.  Randall, 


566  JOHN  ADAMS-JOHN  JAY. 

an  ingenious,  worthy  man,  who  may  supply  any  deficiencies,  as  we 
hope,  and  we  must  now  wait  with  patience  until  they  inform  us  of 
their  proceedings. 

JNIr.  Barclay  and  Mr.  Franks  are  at  length  departed  from  Paris. 
Their  delay  was  occasioned  by  Mr.  Beaumarchais.  It  will  be  so 
late  before  these  gentlemen  can  arrive  at  Morocco,  that  the  Emperor 
may  be  out  of  patience  and  send  out  his  frigates. 

If  the  agents  were  arrived,  there  would  be  little  reason  for  confi- 
dence in  their  success.  The  sum  of  eighty  thousand  dollars,  it  is 
much  to  be  feared,  will  not  be  sufficient  to  procure  treaties  of  peace. 
We  may  find  the  whole  sum  consumed,  and  the  difficulty  of  making 
peace  augmented.  Congress  will  take  all  these  things  into  consider- 
ation, and  transmit  their  orders  both  respecting  the  sums  to  be  given 
as  presents,  and  the  funds  from  whence  they  are  to  be  drawn. 
Without  a  fresh  loan  in  Holland,  the  treasury  of  the  United  States, 
in  Europe,  will  soon  be  exhausted. 

The  American  commerce  can  be  protected  from  these  Africans 
only  by  negotiation  or  by  war.  If  presents  should  be  exacted  from 
us  as  ample  as  those  which  are  given  by  England,  the  expense  may 
amount  to  sixty  thousand  pounds  sterling  a  year — an  enormous  sum, 
to  be  sure,  but  infinitely  less  than  the  expense  of  fighting.  Two 
frigates,  of  thirty  guns  each,  would  cost  as  much  to  fit  them  for  the 
sea,  besides  the  accumulating  charges  of  stores,  provisions,  pay,  and 
clothing. 

The  Powers  of  Europe  generally  send  a  squadron  of  men  of  war, 
with  their  Ministers,  and  ofier  battle  at  the  same  time  that  they  pro- 
pose treaties  and  promise  presents.  Mr.  Barclay  and  Mr.  Lamb  are 
armed  only  with  hmocence  and  the  olive  branch ;  and  there  is  some 
reason  to  expect  that  the  Emperor  and  Dey  will  feel  their  dignity 
hurt  by  the  appearance  of  deputies  not  immediately  appointed  by 
Congress.  Time  will  clear  up  all  doubts,  and  subsequent  arrange- 
ments may  be  taken  accordingly. 

An  envoy  from  Tripoli  is  lure  at  present.  I  saw  him  at  Court, 
but  have  not  made  liini  a  visit.  lie  wishes  to  see  me,  as  is  supposed 
fnjiii  what  he  said  yesterday  to  a  gentleman.  lb;  said  that  "most 
'  of  the  foreign  Ministers  had  left  their  cards,  1ml  the  American  had 
'  not.  W<;  are  at  war  with  his  nation,  it  is  true,  and  that  may  be 
'  «1h!  reason  of  his  not  calling.  We  will  make  peace  with  them, 
*  however,  for  a  tribute  of  an  hundred  thousand  dollars  a  year — not 


DIPLOMATIC  CORRESPONDENCE.  567 

'  less."  He  speaks  no  European  language,  except  a  little  of  the 
Lingua  Franca,  and  perhaps  a  little  Italian.  To  go  with  an  inter- 
preter would  occasion  speculation,  and  suggest  to  him  schemes  which 
he  might  not  otherwise  think  of.  To  treat  with  him  before  any 
measures  are  taken  with  Morocco  and  Algiers,  might  offend  them. 
With  great  respect,  &ic.,  JOHN  ADAMS. 


FROM    JOHN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  February  17,  1786. 

Sir, 

At  a  late  levee,  the  King,  in  conversation  with  one  of  the  foreign 
Ministers,  was  pleased  to  say  "  that  the  Tripoline  Ambassador 
'  refused  to  confer  with  his  Ministers,  and  insisted  on  an  audience ; 
<  but  that  nothing  had  been  said  at  it  more  than  that  Tripoli  and 
'  England  were  at  peace,  and  desirous  to  continue  so.  His  Majesty 
'  added,  all  he  wants  is  a  present,  and  his  expenses  borne  to  Vienna 
'  and  Denmark." 

If  nothing  more  was  said  at  the  audience,  there  are  not  wanting 
persons  in  England  who  will  find  means  to  stimulate  this  African  to 
stir  up  his  countrymen  against  American  vessels.  It  may  reasonably 
be  suspected  that  his  present  visit  is  chiefly  with  a  view  to  the  United 
States  to  draw  them  into  a  treaty  of  peace,  which  implies  tribute,  or 
at  least  presents,  or  to  obtain  aids  from  England  to  carry  on  a  war 
against  us.  Feeling  his  appearance  here  to  be  ominous,  like  that  of 
other  irregular  bodies,  which  "  from  their  horrid  hair  shake  pestilence 
and  war,"  I  thought  at  first  to  avoid  him,  but  finding  that  all  the 
other  foreign  Ministers  had  made  their  visits,  and  that  he  would  take 
amiss  a  longer  inattention,  it  was  judged  necessary  to  call  at  his  door 
for  the  form ;  but  when  the  attempt  was  made,  which  was  last 
evening,  so  late  that  there  was  no  suspicion  of  his  being  visible,  the 
Ambassador  was  announced  at  home,  and  ready  to  receive  the 
visitant.  It  would  scarcely  be  reconcileable  to  the  dignity  of 
Congress  to  read  a  detail  of  the  ceremonies  which  attended  the 
conference.  It  would  be  more  proper  to  write  them  to  harlequin  for 
the  amusement  of  the  gay  at  the  New  York  theatre. 

It  is  sufiicient  to  say  that  his  Excellency  made  many  inquiries 
concerning  America,  the  climate,  soil,  heat,  and  cold,  &;c.,  and 
observed,  "  it  is  a  very  great  country,  but  Tripoli  is  at  war  with  it." 
In  return,  it  was  asked,  how  there  could   be  war  between   two 


568  JOHN  ADAMS— JOHN  JAY. 

nations,  when  there  had  been  no  hostility,  injury,  insult,  or  provo- 
cation on  either  side  ?  His  Excellency  replied  that  Turkey,  Tripoli, 
Tunis.  Aliiiers,  and  Morocco  were  the  sovereims  of  the  Mediter- 
ranean,  and  that  no  nation  could  navigate  that  sea  without  a  treaty 
of  peace  with  them  ;  that  America  must  make  such  treaties  with 
Tripoli  first,  then  with  Constantinople,  then  with  Algiers  and 
Morocco,  as  France,  England,  and  all  other  Powers  of  Europe  had 
done.  A  secretary  brought  him  some  papers,  one  of  which  was  put 
into  my  hand.  It  was  a  French  translation  of  a  full  power  from  the 
Pacha,  Dey,  and  Regency  of  Tripoli  to  treat  with  all  the  Powers  of 
Europe,  and  to  manage  all  the  foreign  concerns  of  his  country  without 
limitation  of  time  or  place.  The  original  commission,  in  his  own 
language,  was  also  produced  and  shewn.  It  was  observed  that 
America  was  not  named  in  it ;  but  it  was  replied  that  the  Power  was 
universal  to  manage  every  thing,  and  that  a  treaty  might  be  made  at 
once,  or  at  least  that  conferences  might  be  held,  and  the  result  written 
to  Tripoli  and  America  for  further  instructions.  What  time  was 
required  to  write  to  Congress,  and  receive  an  answer?  Three 
months  at  least.  That  was  too  long,  but  he  should  remain  here 
some  time.  You  may  call  here  to-morrow  or  next  day  with  an 
interpreter,  and  we  will  hear  and  propose  terms. 

As  his  Excellency  expected  to  gain  by  the  negotiation  as  much  as 
the  American  knows  he  must  lose,  you  will  perceive  the  former  was 
the  most  eager  to  promote  it.  When  Mr.  Jefferson's  answer  to  a 
letter  ujwn  this  subject  shall  arrive,  it  will  be  proper  to  learn  his 
terms;  but  there  is  reason  to  believe  they  will  be  too  high  for  your 
Ministers  to  accept  without  further  instructions. 

This  is  the  substance  of  a  conference  which  was  carried  on  with 
much  diflic'ulty,  but  with  civility  enough  on  both  sides,  in  a  strange 
mixture  of  Italian,  Lingua  Franca,  broken  French,  and  worse 
English. 

This  Minister  aj)pears  to  be  a  man  of  good  sense  and  tempe^ 

With  great  respect,  &.C.,  JOHN  ADAMS. 


-o- 


VROH    JOHN    ADAMS    TO    JOHN    JAV. 

Grosvcnor  Squarf ,  Fibniary  20,  1786. 

Sir, 
Yestnrday  tin-  Tripolinc  Ambassador  sent  a  message  by  a  Doctor 
Benamor,  an  English  Jew  most  probably,  who  has  formerly  resided 


DIPLOMATIC  CORRESPONDENCE.  569 

in  Barbary,  and  speaks  the  Arabic  language  as  well  as  the  Italian 
and  Lingua  Franca,  to  inform  me  that  he  wished  to  return  his  visit  in 
the  same  friendly  and  respectful  manner,  and  that,  as  he  had  much 
at  heart  a  treaty  between  the  Barbary  and  American  States,  he 
wished  it  might  be  soon.  It  was  agreed  that  he  should  be  received 
at  noon. 

At  twelve  his  Excellency  came  in  ceremony,  accompanied  with 
his  Secretary,  and  Benamor  for  an  interpreter,  "  whom  he  had  chosen 
'  in  preference  to  the  interpreter  assigned  him  by  the  Court,  because 
*he  was  sorry  to  see    that   this    nation   was    not  so  steady   in   its 

*  friendship  to  America  as  the  French.  The  French  Consul  at 
'Tripoli  congratulated  him  upon  his  appointment,  and  hoped  he 
'  would  meet  in  England  with  a  Minister  with  whom  he  mi^ht  make 
<a  treaty  of  peace  with  America,  but  he  was  sorry  to  say  he  found 
•here  much  ill  will  to  the  Americans,  and  a  desire  to  prevent  him 
'  from  seeing  the  American  Minister.    For  this  reason  he  would  have 

*  nothing  to  do  with  the  Court  interpreter.  It  was  the  delight  of  his 
'soul  and  the  whole  pleasure  of  his  life  to  do  good,  and  he  was 
'  zealous  to  embrace  an  opportunity  which  now  presented  itself,  of 
'doing  a  great  deal.  The  time  was  critical,  and  the  sooner  peace 
'was  made  the  better ;  for,  from  what  passed  before  he  left  home,  he 
'  was  convinced  if  the  treaty  should  be  delayed  another  year,  it  would, 
'  after  that,  be  difficult  to  make  it.  If  any  considerable  number  of 
'  vessels  and  prisoners  should  be  taken,  it  would  be  hard  to  persuade 
'the  Turks,  especially  the  Algerines,  to  desist.  A  war  between 
'Christian  and  Christian  was  mild,  and  prisoners  on  either  side  were 
'  treated  with  humanity ;  but  a  war  between  Turk  and  Christian  was 
'  horrible,  and  prisoners  were  sold  into  slavery ;  although  he  was 
'himself  a  Mussulman,  he  must  still  say  he  thought  it  a  very  rigid 
'law,  but  as  he  could  not  alter  it,  he  was  desirous  of  preventing  its 
'operation,  or  at  least  of  softening  it,  as  far  as  his  influence  extended. 
'  The  Algerines  were  the  most  difficult  to  treat  with.  They  were  eager 
'for  prizes,  and  had  now  more  and  larger  ships  than  usual.  If  an 
'application  should  be  made  first  to  Algiers,  they  would  refuse  ;  but 
'  when  once  a  treaty  was  made  by  Tripoli,  or  any  one  of  the  Barbary 

« States,  they  would  follow  the  example.  There  was  such  an  intimate 
'connexion  between  all,  that  when  one  made  peace,  the  rest  followed. 
'  Algiers  had  refused  to  treat  with  Spain,  in  defiance  of  all  her 
'  armaments,  until  Tripoli  interposed^  and  then  they  relaxed  at  once. 


570  JOHN  ADAMS-JOHN  JAY. 

'  He  called  God  to  ^vitness,  that  is  to  say,  he  swore  by  his  beard, 
'  which  is  a  sacred  oath  with  them,  that  his  motive  to  this  earnestness 
'for  peace,  although  it  might  be  of  some  benefit  to  himself,  was  the 
'  desire  of  doing  good." 

When  he  was  informed  that  Congress  had  received  some  friendly 
letters  from  the  Emperor  of  Morocco,  and  that  an  agent  was  gone 
to  treat  with  his  INIajesty,  "  he  rejoiced  to  hear  it,  and  doubted  not 
'  that  the  agent  would  succeed,  as  the  Emperor  was  a  man  of  exten- 
'  sive  views,  and  much  disposed  to  promote  the  covnmerce  of  his 
'  subjects."  As  it  was  now  apparent  that  his  principal  business  here 
was  to  treat  with  the  United  States,  and  that  no  harm  could  be  done 
by  dealing  frankly  with  him,  the  commission  of  Congress  to  treat 
with  Tripoli  was  shown  him,  as  well  as  those  to  Morocco,  Algiers, 
and  Tunis.  He  "was  rejoiced  to  see  them;  and  although  lie  could 
'  not  answer  for  Algiers,  he  would  undertake  for  Tunis  and  Tripoli ; 
'  and  he  would  write  in  favor  of  any  person  who  might  be  sent  or 
'  go  with  him  in  person  to  assist  in  the  completion  of  peace  with  all 
'  the  States  of  Barbary,  which  was  more  than  he  had  ever  before  said 
'  to  any  Ambassador  or  Minister  in  Europe."  It  was  then  proposed 
that  his  Excellency  should  mention  the  terms  which  he  might  think 
proper  to  propose,  but  he  "  desired  to  be  excused  at  present,  and 
'  that  to-morrow  evening,  at  his  house,  he  might  have  an  opportunity 
<  of  explaining  himself  more  particularly."     This  was  agreed  to. 

It  was  then  observed  that  although  America  was  an  extensive 
country,  the  inhabitants  were  few  in  comparison  with  France,  Spain, 
and  England ;  nor  would  their  wealth  bear  any  proportion  to  that  of 
these  nations  or  of  Holland;  that  we  were  just  emerged  from  the 
calamities  of  war,  and  had  as  yet  few  ships  at  sea,  especially  in  tlie 
Mediterrancian,  so  that  the  Barbary  corsairs  could  not  expect  to  make 
any  considfrabh;  number  of  pri/es.  "God  forbid,"  was  his  rei)ly, 
"  that  1  should  (consider  Auu-rica  uj)()n  a  fooling,  at  present,  in  point 
'of  wealth  with  these  nations.  J  know  very  well  that  she  has  but 
'  lately  ccjnchidcd  a  war  which  must  have  laid  waste  their  territories, 
'  and  I  would  rather  wish  to  leave  to  her  own  generosity  the  com- 
'  pliments  to  ije  made  upon  the  occasion,  than  stipulate  anything 
'  pn;cisely." 

This  man  is  either  a  consummate  politician  in  art  and  address,  or 
he  is  a  benevolent  and  wise  man.  Time  will  discover  whether  he 
disguises  an  interested  character,  or  is   indeed   the   philosopher  he 


DIPLOMATIC  CORRESPONDENCE.  571 

pretends  to  be.  If  he  is  the  latter,  Providence  seems  to  have  opened 
to  us  an  opportunity  of  conducting  this  thorny  business  to  a  happy 
conclusion. 

Colonel  Smith  will  go  to  Paris  to  communicate  the  whole  to  Mr. 
Jefferson,  and  entreat  him  to  come  over  to  London  in  order  to  finish 
as  much  as  possible  of  it,  immediately,  and  to  agree  with  the  Portu- 
guese Minister  at  the  same  time.  Mr.  Jefferson  has  long  projected 
a  visit  to  England,  and  this  will  be  a  good  opportunity.  No  notice 
will  be  taken  of  it  publicly  in  America,  and  his  real  errand  will  be 
concealed  from  the  public  here. 

If  the  sum  limited  by  Congress  should  be  insufficient,  we  shall  be 
embarrassed  ;  and,  indeed,  a  larger  sum  could  not  be  commanded, 
unless  a  new  loan  should  be  opened  in  Holland.  I  doubt  not  a 
million  of  guilders  might  be  obtained  there  upon  the  same  terms  with 
the  last  two  millions.  This  would  enable  Congress  to  pay  their 
interest  in  Europe,  and  to  pay  the  French  officers,  who  are  uneasy. 

With  great  respect,  he,  j^^^  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  February  22,  1786. 

Sir, 

On  Monday  evening  another  conference  was  held  with  the  Trip- 
dine  Ambassador,  attended  with  his  interpreter,  Benamor,  who  is  a 
decent  man,  and  very  ready  in  the  English  as  well  as  Arabic  and 
Italian.  The  foreign  Ministers  here  say  it  is  the  custom  of  all  the 
Ambassadors  from  Barbary  to  be  much  connected  with  Jews,  to 
whom  they  are  commonly  recommended.  It  may  be  supposed  the 
Jews  have  interested  motives,  and,  therefore,  although  their  inter- 
ference cannot  be  avoided,  they  ought  to  be  objects  of  jealousy. 
Benamor  soon  betrayed  proofs  enough  that  he  had  no  aversion  to  the 
Ambassador's  obtaining  large  terms. 

The  Ambassador,  who  is  known  to  many  of  the  foreign  Ministers 
here,  is  universally  well  spoken  of. 

When  he  began  to  explain  himself  concerning  his  demands,  he 
said,  they  would  be  different,  according  to  the  duration  of  the 
treaty.     If  that  were  perpetual,  they  would  be  greater;  if  for  a 


572  JOHN  ADAMS-JOHN  JAY. 

term  of  years,  less.  His  advice  was  that  it  should  be  perpetual. 
Once  signed  by  the  Bashaw,  Dey,  and  other  officers,  it  would  be 
indissoluble  and  binding  forever  upon  all  their  successors ;  but  if  a 
temporary  treaty  were  made,  it  might  be  difficult  and  expensive  to 
revive  It ;  for  a  perpetual  treaty,  such  as  they  had  now  with  Spain,  a 
sum  of  thirty  thousand  guineas  must  be  paid  upon  the  delivery  of 
the  articles  signed  by  the  Dey  and  other  officers.  If  it  were  agreed 
to,  he  would  send  his  secretary  by  land  to  Marseilles,  and  from 
thence  by  water  to  Tripoli,  who  should  bring  it  back  by  the  same 
route,  signed  by  the  Dey,  he.  He  had  proposed  so  small  a  sum  in 
consideration  of  the  circumstances,  but  declared  it  was  not  half  of 
what  had  been  lately  paid  them  by  Spain.  If  we  chose  to  treat 
upon  a  different  plan,  he  would  make  a  treaty  perpetual,  upon  the 
payment  of  twelve  thousand  five  hundred  guineas  for  the  first  year, 
and  three  thousand  guineas  annually,  until  the  thirty  thousand  guineas 
were  paid.  It  was  observed  that  these  were  large  sums,  and  vastly 
beyond  expectation  ;  but  his  Excellency  answered  that  they  never 
made  a  treaty  for  less.  Upon  the  arrival  of  the  prize,  the  Dey  and 
other  officers  were  entitled  by  law  to  large  shares,  by  which  they 
might  make  greater  profits  than  these  sums  amounted  to,  and  they 
never  would  give  up  this  advantage  for  less. 

He  was  told  that  although  there  was  a  full  power  to  treat,  the 
American  Mihisters  were  limited  to  a  much  smaller  sum,  so  that  it 
would  be  impossible  to  do  anything  until  we  could  write  to  Congress 
and  know  their  pleasure.  Colonel  Smith  was  present  at  this,  as  he 
had  been  at  the  last  conferenct;,  and  agreed  to  go  to  Paris  to  com- 
municate all  to  Mr.  Jefferson,  and  persuade  him  to  come  here  that 
we  may  join  in  further  conferences,  and  liansmit  the  result  to 
Congress.  The  Ambassador  bdicvcd  that  Tunis  aiul  Morocco 
would  treat  npon  the  same  terms,  l)ut  would  not  answer  for  Algiers. 
Tliey  would  (lem;ui(l  more.  When  Mr.  Jefferson  anivi^s  we  shall 
insist  upon  knowing  the  ultimatum,  and  transmit  it  to  (congress. 

Congress  will  perceive  that  one  huiulnjd  and  twenty  thousand 
guineas  will  be  indispcmsable  to  conclude  with  the  four  Powers  at 
this  rate,  besides  a  present  to  the  Ambassadors,  and  other  incidental 
charges.  Besides  this  a  present  of  five  hundred  guineas  is  made 
upon  the  arrival  of  a  Consul  in  each  State.  INr)  man  wishes  more 
f'Tv<iillv  that  the  expense  could  \n:  les^,  but  the  fad  cannot  be 
altered,  and  the  inith  ou'dit  not  to  be  concealc-d. 


DIPLOMATIC  CORRESPONDENCE.  573 

It  may  be  reasonably  concluded  that  this  great  affair  cannot 
be  finished  for  much  less  than  two  hundred  thousand  pounds 
sterling.  There  is  no  place  in  Europe  or  America  where  Congress 
can  obtain  such  a  sum  but  in  Holland ;  perhaps  a  loan  for  two 
millions  of  guilders  might  be  filled  in  Amsterdam  upon  the  terms  of 
the  last.  If  it  is  not  done,  this  war  will  cost  us  more  millions  of 
sterling  money  in  a  short  time ;  besides  the  miserable  depression  of 
the  reputation  of  the  United  States,  the  cruel  embarrassment  of  all 
our  commerce,  and  the  intolerable  burthen  of  insurance,  added  to  the 
cries  of  our  countrymen  in  captivity. 

The  probable  success  of  Mr.  Barclay  and  Mr.  Lamb  need  not  be 
pointed  out. 

If  a  perpetual  peace  were  made  with  these  States,,  the  character 
of  the  United  States  would  instantly  rise  all  over  the  world,  our 
commerce,  navigation,  and  fisheries  would  extend  into  the  Mediterra- 
nean, to  Spain  and  Portugal,  France  and  England.  The  additional 
profits  would  richly  repay  the  interest,  and  our  credit  would  be 
adequate  to  all  our  wants. 

Colonel  Smith  is  gone  to  Paris.  He  departed  yesterday.  By  the 
sixth  article  of  the  Confederation,  "  no  State,  without  the  consent  of 
*  the  United  States  in  Congress  assembled,  shall  send  any  embassy 
*to,  or  receive  any  embassy  from,  or  enter  into  any  conference, 
'  agreement,  alliance,  or  treaty  with  any  King,  Prince,  or  State." 

All  the  States  are  so  deeply  interested  in  this  case,  that  surely  no 
separate  State  can  have  occasion  to  move  for  the  consent  of  Congress 
upon  this  occasion ;  but  if,  unexpectedly.  Congress  should  not  agree 
to  treat,  there  are  several  States  in  the  Union  so  deeply  interested 
in  navigation,  that  it  would  richly  compensate  each  of  them  to  go  to 
the  whole  extent  of  two  hundred  thousand  pounds  to  obtain  peace ; 
nevertheless,  a  single  State  might  obtain  peace  and  security  for  its 
ships  at  a  much  cheaper  rate. 

With  great  and  sincere  esteem,  Stc,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  February  26,  1786. 
Sir, 
The  Envoy  from  Portugal  has  received  from  his  Court  an  answer 
to  his  despatches,  relative  to  the  treaty  with  the  United  States,  and 
the  enclosed  extract  from  it,  which  has  been  delayed  some  time  by 


574  JOHN  ADAMS-JOHN  JAY. 

the  sickness  of  the  Chevalier  de  Freire,  the  Portuguese  Secretary  of 
Legation,  that  INIinister  did  me  the  honor  to  dehver  to  me  two  days 
ago,  with  his  request  that  it  might  ho  transmitted  to  Congress.  At 
the  same  time  lie  dehvered  me  the  enclosed  state  of  the  trade 
between  the  United  States  and  Portugal  the  last  year. 

^Vhen  Mr.  Jetferson  arrives  we  shall  endeavor  to  finish  this 
business. 

The  proposition  of  sending  and  receiving  a  Minister  has  been 
many  times  made  before.  Congress  will,  no  doubt,  answer  this 
which  is  now  made,  formally  and  officially.  The  regard  which  is 
due  from  one  sovereign  to  another,  and,  indeed,  common  decency, 
seems  to  require  it.  To  refuse  it  would  be  thought  surprising ; 
indeed,  according  to  all  the  rules  of  politeness  between  nations  and 
sovereigns,  it  ought  to  be  left  at  tlie  option  of  her  most  faithful 
JNIajesty  to  send  what  grade  of  public  Minister  she  shall  judge 
proper,  and  assurances  should  be  given  of  the  most  amicable  disposi- 
tion of  Congress  to  receive  him  witii  all  liie  respect  due  to  his 
sovereign,  and  to  send  a  Minister  to  her  Majesty  of  equal  character. 

The  United  States  are  at  this  moment  sufiering  severely  for  want 
of  an  equitable  adjustment  of  their  affairs  with  the  Powers  of  Europe 
and  Africa,  which  can  never  be  accomplished  but  by  conforming  to 
the  usages  established  in  the  world. 

Jf  the  United  States  would  come  to  the  resolution  to  prohibit  all 
foreign  vessels  from  coming  to  their  ports,  and  confine  all  exports 
and  imports  to  their  own  ships  and  seamen,  they  would  do,  for  any 
thing  that  I  know,  the  wisest  thing  which  human  prudence  could 
dictate;  hut  then  the  consequence  would  be  obvioiis:  they  must 
give  up  the  most  of  their  cominerce,  and  live  by  their  agriculture. 
In  this  case  they  might  recall  their  Ministers,  and  send  no  more. 

On  the  other  hand,  if  the  United  States  would  adopt  the  principle 
of  the  French  economists,  and  allow  the  ships  and  merchants  of  all 
nations  equal  privileges  with  their  own  citizens,  they  need  not  give 
themselves  any  further  trouble  about  treaties  or  Ambassadors.  The 
consequence,  nevcrlhelcss,  would  he  iIk^  sudden  annihilation  of  all 
their  manufactures  and  navigation.  We  should  have  the  most 
luxurious  sft  of  farmi-rs  that  ever  existed,  and  should  not  be  able  to 
dtfend  our  sea-coast  against  iIk;  insults  of  a  jdrate. 

As  these  are  the  two  extremes  that  we  Know  Americans  will 
n«;ver  ronsfut  to,  we  must  vindicate  our  own  maiuifactures  and  navi- 
gation by  lotjiblalion  at  home  and  negotiation  abroad  ;  and;  therefore; 


DIPLOMATIC  CORRESPONDENCE.  575 

tlie  prejudices  against  exchanges  of  public  Ministers  will  be  found 
some  of  the  most  pernicious  that  ever  have  arisen  among  American 
citizens.  Laws  at  home  must  be  made  in  conformity  to  the  state  of 
affairs  abroad,  which  can  never  be  known  to  Congress  but  by 
Ambassadors. 

With  great  respect,  &c.,  JOHN  ADAMS. 


Extract  of  a  Letter  from  M.  de  Melho  e  Castro,  Minister  and 
Secretary  of  State  of  her  most  faithful  Majesty,  to  the  Chevalier 
del  Pinto,  Minister  of  her  said  Majesty  at  the  Court  of  London. 

Lisbon,  January  4,  1786. 

Sir, 

You  may  candidly  reply  to  the  observations  of  Mr.  Adams,  that, 
as  to  the  permission  of  selling  American  vessels  in  the  ports  of  this 
kingdom,  there  does  not  exist  the  least  difficulty  ;  that  privilege  being 
common,  at  present,  for  all  nations,  under  certain  regulations  and 
established  principles. 

But  as  to  the  article  of  flour,  it  appears  very  singular  here  that  it 
should  be  insisted  on  as  a  capital  point,  and  considered  as  an  essential 
obstacle  to  the  accomplishment  of  a  treaty  of  commerce  between  the 
two  States.  One  would  imagine  that  the  subjects  of  the  United 
States  ought  to  be  fully  satisfied  with  the  advantages  which  they 
already  derive  from  the  sale  of  their  grain  in  Portugal,  and  would 
not  envy  the  poor  people  of  this  Kingdom  the  small  benefit  arising 
from  the  manufacture. 

This  regulation,  therefore,  is  so  just  in  its  principles  and  impartial 
in  its  effects,  that  none  of  the  European  nations  accustomed  to  a  like 
trade  have  said  anything  against  it,  and  that  even  Russia,  whose 
transportation  and  navigation  are  much  more  difficult,  has  not 
thought  proper  to  make  any  objection ;  besides,  custom,  which  regu- 
lates everything,  demonstrates  that  the  difficulties  mentioned  are 
specious,  since  the  greatest  part  of  the  American  vessels  which  have 
entered  at  Lisbon  in  the  course  of  the  last  year  were  laden  with 
grain  from  North  America ;  and  you  will  be  able  to  judge  yourself, 
by  the  representation  herewith  enclosed,  what  great  advantages  this 
growing  commerce  promises,  and  the  consequences  that  will  result 
therefrom  to  Portugal  and  the  United  States. 


576  JOHN  ADAMS-JOHN  JAY. 

After  what  I  have  just  said  to  you,  sir,  it  remains  only  for  me  to 
make  two  observations  as  simple  as  sincere : 

1st.  That  tliC  prohibition  in  question  has  been  an  universal  and 
economical  law,  the  intent  of  which  cannot  give  ofience  to  any  nation 
in  particular. 

2d.  That  Portugal  had  not  yet  any  commercial  connexions  with 
the  United  States  of  North  America  when  such  a  law  was  promul- 
gated, or  those  which  prohibit  the  introduction  of  rice  and  foreign 
indigo  in  these  dominions. 

It  is,  therefore,  with  very  great  surprise  that  the  Court  of  Lisbon 
has  just  been  informed  of  the  proceedings  of  the  State  of  Pennsyl- 
vania with  respect  to  the  wines  and  fmits  of  Portugal,  by  way  of 
making  amends,  in  a  manner  altogether  pointed  and  directly  against 
this  Kingdom,  as  well  as  the  unmerited  difference  that  the  State  of 
Soutli  Carolina  has  made  between  wines  of  this  Kingdom  and  those 
of  other  countries  in  laying  thereon  other  and  more  heavy  duties. 
Such  a  proceeding  with  respect  to  a  Power  who  treats  the  subjects 
and  merchandizes  of  the  United  States  without  the  least  distinction 
of  nation,  is  astonishing,  and  not  conformalilc  with  the  views  of  her 
Majesty  to  establish  with  them  a  system  of  friendship  and  commerce 
as  mutual  as  reciprocal.  It  is  for  tliis  reason,  sir,  that  the  Queen 
has  charged  me  to  enjoin  you  to  communicate  this  matter  to  Mr. 
Adams,  and  expressly  to  solicit  that  JMinister  to  transmit  the  same 
to  his  sovereign.  Her  IMajesty  wishing  to  give  to  the  United  States 
of  America  the  most  unequivocal  proofs  of  her  regard  and  her 
sincere  desire  to  facihtate  every  proper  means  to  cement  the  friend- 
ship between  the  two  nations,  expects  from  the  justice  of  these 
States  a  revocation  of  such  statutes,  and  allows  them  all  convenient 
time  for  that  purpose.  But  if,  contrary  to  every  hope,  they  persist 
in  supporting  them,  it  cannot  be  thought  ill  if  her  said  Majesty  lakes 
proper  arrangements  against  sucli  unprovoked,  violent,  and  partial 
measures. 

With  respect  to  a  reciprocal  nomination  of  Ministers,  her  Majesty 
is  disposed  upon  this  article  to  be  governed  by  the  intentions  of 
Congress,  either  to  choose  simple  agents  or  persons  more  (diaracter- 
ized,  her  said  Majesty  will  att('nd  to  it  as  soon  as  she  shall  be 
assured  th;it  the  Congress  is  disposed  to  receive  them,  and  to  send 
on  their  jiart  to  Lisbon  some  other  person  in  the  same  character. 

[Dclivcrfd  to  Mr.  Adams  by  the  Portuguese  Envoy,  ^Ith  Feb- 
ruary, 17dG.] 


DIPLOMATIC  CORRESPONDENCE. 


57T 


Account  of  Vessels,  American  and  Foreign,  coming  from  the  ports 
of  North  America,  which  entered  at  Lisbon  in  1785. 

American  Vessels  from  the  ports  of  the      American  Vessels  which  arrived  from 
United  States.  Foreign  ports. 


Virginia 14 

Boston 6 

Maryland , 6 

New  York 8 

Philadelphia 5 

The  two  Carolinas 6 

Rhode  Island. 2 

Salem  and  Alexandria 2 


49 


From  Spain 1 

Fayal 1 

Great  Britain  and  its  depend- 
encies   3 

Madeira 1 

France 1 

Ireland 2 

Ostend 1 

Petersburgh 1 

11 


Foreign  Vessels  which  arrived  from 
same  ports. 

English 10 

Portuguese 9 

Danish 2 

Swedish 3 

Imperial ] 

Dutch 2 

Russia 1—28 

77 

N.  B.  The  above  77  vessels  brought  wheat,  Indian  corn,  peas, 
tar,  rosin,  turpentine,  cod-fish,  ship-timber,  staves,  and  gentian. 


Second  account  of  Vessels  which  sailed  from  the  port  of  Lisbon  for 
North  America  in  the  year  1785. 


American  Vessels  for  the  ports  of  the 
United  States. 

Virginia 6 

Boston 13 

Maryland 5 

New  York 5 

Philadelphia 7 

Carolina 2 

Rhode  Island 2 

40 

Vol.  XL— 37 


American  Vessels   which    sailed    from 
Lisbon  for  the  European  ports. 


For  Spain 

Fayal 

England.. 
St.  Ubes. . 


1 

1 

1 

13 

16 


From  the  other  part 40 

56 


578  JOHN  ADAMS-JOHN  JAY. 

Foreign  Vessels  for  the  same  ports. 

Portuguese 2 

English 11 

Danish 1 

Swedish 3 

Oldenburg 1 — 18 

58 
The  above  58  vessels  carried  with  them  fruit,  salt,  w-ine,  and  tea. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  June  27,  1786. 
Sir, 

The  Chevalier  del  Pinto,  the  Envoy  of  Portugal,  informed  me, 
this  day,  that  he  had  received  instructions  from  his  Court  to  inform 
me  "  that  the  Queen,  his  mistress,  has  sent  a  squadron  to  cruize  in 
'  the  mouth  of  the  straits,  with  orders  to  protect  all  vessels  belonging 
<  to  the  United  States  of  America  equally  with  tliose  of  her  own 
'  subjects ;  and  that  she  would  continue  those  orders  as  long  as  they 
'should  be  agreeable  to  Congress. 

The  reply  was,  that  it  could  not  be  doubted  that  so  signal  a  mark 
of  her  Majesty's  friendly  attention  to  the  interest  and  safety  of  the 
citizens  of  America  would  be  very  agreeable  to  Congress,  and  that 
the  first  opportunity  should  be  embraced  to  make  the  communication 
to  them. 

So  much  notice  will  probably  be  taken  of  this  by  Congress  as  to 
return  the  compliment ;  the  least  is  thanks. 

If  the  United  States  should  ever  think  themselves  able  to  pay 
taxes  and  begin  a  navy,  this  war  of  the  Algerines  would  be  a  good 
opportunity.  I  have  never  dared,  however,  to  recommend  it, 
because  that  as  negotiation,  and  customary  presents,  and  redemption 
of  captives,  must  finally  terminate  the  war,  whatever  sums  are  spent 
in  it,  whatever  lime  is  spent,  or  lives  lost  in  it,  it  has  ever  appeared 
to  me  that  all  this  would  be  thrown  away. 

It  would  employ  onr  shipwrights,  and  make  various  liranchcs  of 
business  brisk,  to  order  half  a  score  of  frigatrs  of  thirty-six  guns  to 
be  built,  and  it  would  give  us  an  eclat ;  but  it  would  cost  money. 

With  great  regard,  kc,  JOHN  ADAMS. 


DIPLOxMATIC  CORRESPONDENCE.  579 

FROM   JOHN   ADAMS    TO    JOHN   JAY. 

Grosvenor  Square,  February  27,  1786. 

Sir, 
At  the  last  conferences,  (as  they  call  here  what  is  understood  in 
Paris  by  Ambassadors'  days,)  the  Marquis  of  Caermarthen  was 
pleased  to  make  an  apology  for  not  having  yet  answered  the 
memorial  requiring  the  evacuation  of  the  posts :  "  It  would  sound 
'  oddly  to  say  that  he  had  delayed  his  answer  to  prevent  delays,  but 

<  it  was  true.  He  had  drawn  up  his  answer,  but  as  he  was  obliged 
'to  say  something  concerning  the  old  debts,  he  had  been  obliged  to 

<  wait  for  a  little  further  information,  that  he  might  state  in  one  view 
'  all  the  acts  of  the  Assemblies  which  had  interposed  unpediments." 
As  this  is  some  kind  of  respect  to  the  memorial,  it  ought  to  be 
communicated  to  Congress,  as,  no  doubt,  it  was  intended  and 
expected  that  it  should  be. 

The  public  prints  will  inform  you  that  the  Newfoundland  bill  and 
the  American  intercourse  bill  are  revived.  It  would  be  sufficient  to 
convince  every  American  what  the  system  is,  to  say  that  INIr.  Jenkin- 
son  was  the  member  of  Administration  and  the  House  of  Commons 
selected  to  conduct  this  business.  Comparing  his  well-known 
character  with  what  he  said,  you  will  believe  that  the  same  men  and 
the  same  principles  which  have  governed  this  nation  in  their  conduct 
towards  America  these  twenty  years,  prevail  to  this  hour,  as  far  as 
the  circumstances  will  admit ;  and  that  Mr.  Pitt  is  either  a  convert 
to  their  sentiments,  or  is  only  an  ostensible  Minister. 

It  remains  with  the  States  to  determine  what  measures  they  will 
take  to  discourage  a  commerce  the  most  impoverishing  and  ruinous 
that  can  be  imagined,  to  promote  a  more  beneficial  intercourse  with 
tlie  rest  of  Europe,  and  to  support  their  own  manufactures  and  navi- 
gation ;  for  on  such  measures  alone  can  they  have  any  dependence 
in  future. 

With  sincere  esteem,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Grosvenor  Square,  February  6, 1786. 
My  Lord, 
I  have  the  honor  of  transmitting  to  your  Lordship  a  copy  of  a 
letter  of  the  21st  of  December  last,  from  his  Majesty's  Consul  Gene- 


580  JOHN  ADAMS— JOHN  JAY. 

ral  in  the  United  States  to  their  Secretary  of  State  for  the  Depart- 
ment of  Foreign  Affairs,  which  has  been  laid  before  Congress,  who 
have  been  pleased  to  direct  me  to  communicate  it  to  his  Majesty, 
with  this  information,  that  the  complaint  stated  in  it  being  in  general 
terms,  and  unsupported  by  any  particular  facts  or  evidence,  they  do 
not  think  it  necessary  or  proper  to  take  any  measures  in  consequence 
of  it ;  and  with  this  assurance,  that,  as  it  is  their  determination  the 
treaty  of  peace  shall  be  punctually  observed  by  their  citizens,  and 
that  his  INIajesty's  subjects  shall  enjoy  in  the  United  States  all  the 
rights  which  friendly  and  civilized  nations  claim  from  each  other,  so 
they  \\\\\  always  be  ready  to  hear  every  complaint  which  may 
appear  to  be  well  founded,  and  to  redress  such  of  them  as  on  an 
investigation  shall  prove  to  be  so.  Let  me  request  your  Lordship  to 
lay  this  communication  before  his  Majesty. 

Your  Lordship  will  permit  me  to  avail  myself  of  this  opportunity 
of  remarking,  that  the  office  of  Consul  General  does  not  extend  to 
matters  of  this  kind,  neither  the  rights  of  commerce  nor  of  navigation 
being  in  question ;  and,  therefore,  that  it  was  delicacy  towards  his 
Majesty,  rather  than  a  sense  of  the  propriety  of  such  an  application 
from  a  Consul  General,  which  induced  Congress  to  treat  it  w  itli  this 
mark  of  attention. 

As  the  L^nited  States,  my  Lord,  have  a  jNIinister  Plenipotentiary 
residing  at  this  Court,  in  consequence  of  a  proposition  to  that  purpose 
made  by  his  Britannic  Majesty's  Minister,  through  his  Grace  the 
Duke  of  Dorset,  his  Ambassador  at  Paris,  your  Lordship  will  permit 
me  to  propose  to  the  consideration  of  your  Majesty's  INIinisters  the 
expediency,  as  well  as  propriety,  of  sending  a  Minister  Plenipoten- 
tiary from  his  Majesty  to  the  United  States  of  America.  I  am 
authorized,  my  Lord,  to  give  assurances  that  Congress  expect  such 
a  Minister,  and  are  ready  to  receive  and  treat  him  in  a  manner  con- 
sistent with  ili(3  respect  dui;  to  his  sovereign. 

Willi  great  respect,  he,  JOHN  ADAMS. 


FKOM  JOHN  ADAMS  TO  JOHN  JAY. 

,  Grosvcnor  Square,  Marcli  4,  1786. 

Sir, 
I   have  iht;  iiunor  to  enclose   to  you   c()j)i<'s   of  the  Si-frclary  of 
Slulc's  answer,  dated  the  28th  of  February,  to  the  memorial  dated 


DIPLOMATIC  CORRESPONDENCE.  581 

the  30th  of  November,  and  presented  to  him  on  the  8th  of  December 
last,  and  of  a  state  of  grievances  of  British  merchants  and  others.  I 
shall  make  no  reply  to  his  Lordship  until  I  receive  the  orders  of 
Congress. 

With  great  respect,  &c.,  JOHN  ADAMS. 


FBOM  LORD    CAERMARTHEN   TO    JOHN  ADAMS. 

St.  James's,  February  28,  1786. 

Sir, 

In  answer  to  the  memorial  you  did  me  the  honor  to  deliver  to  me 
on  the  8th  December,  I  have  to  observe  to  you,  sir,  that  it  is  his 
Majesty's  fixed  determination  upon  the  present  as  well  as  every  other 
occasion  to  act  in  perfect  conformity  to  the  strictest  principles  of 
justice  and  good  faith. 

The  seventh  article,  both  of  the  provisional  and  of  the  definitive 
treaties  between  his  Majesty  and  the  United  States,  clearly  stipulates 
the  withdrawing,  with  all  convenient  speed,  his  Majesty's  armies, 
garrisons,  and  fleets,  from  the  said  United  States,  and  from  every 
port,  place,  and  harbor,  within  the  same ;  and  no  doubt  can  possibly 
arise  respecting  either  the  letter  or  spirit  of  such  an  engagement. 

The  fourth  article  of  the  same  treaties  as.  clearly  stipulates  that 
creditors,  on  either  side,  shall  meet  with  no  lawful  impediment  to  the 
recovery  of  the  full  value  in  sterling  money  of  all  bona  jide  debts 
heretofore  contracted. 

The  little  attention  paid  to  the  fulfilling  this  engagement  on  the 
part  of  the  subjects  of  the  United  States  in  general,  and  the  direct 
breach  of  it  in  many  particular  instances,  have  already  reduced  many 
of  the  King's  subjects  to  the  utmost  degree  of  difficulty  and  distress; 
nor  have  their  applications  for  redress,  to  those  whose  situations  in 
America  naturally  pointed  them  out  as  the  guardians  of  public  faith, 
been  as  yet  successful  in  obtaining  them  that  justice  to  which,  on 
every  principle  of  law  as  well  as  of  humanity,  they  were  clearly  and 
indisputably  entitled. 

The  engagements  entered  into  by  treaty  ought  to  be  mutual,  and 
equally  binding  on  the  respective  contracting  parties.  It  would, 
therefore,  be  the  height  of  folly  as  well  as  injustice  to  suppose  one 
party  alone  obliged  to  a  strict  observance  of  the  public  faith,  while 


582  JOHN  ADAMS— JOHN  JAY, 

the  other  might  remain  free  to  deviate  from  its  own  engagements  as 
often  as  convenience  might  render  such  deviation  necessary,  though 
at  the  expense  of  its  own  national  credit  and  importance. 

I  flatter  myself,  however,  sir,  that  justice  will  speedily  be  done  to 
British  creditors ;  and  I  can  assure  you,  sir,  that  whenever  America 
shall  manifest  a  real  determination  to  fulfil  her  part  of  the  treaty, 
Great  Britain  will  not  hesitate  to  prove  her  sincerity  to  cooperate  in 
whatever  points  depend  upon  her  for  carrying  every  article  of  it  into 
real  and  complete  effect. 

The  enclosed  paper  contains  a  state  of  the  grievances  complained 
of  by  merchants  and  other  British  subjects  having  estates,  property, 
and  debts  due  to  them  in  the  several  States  of  America. 

I  am,  sir,  kc,  CAERMARTHEN. 


State  of  the  Grievances  complained  of  by  Merchants  and  other 
British  Subjects  having  estates,  property,  and  debts  due  to  them 
in  the  several  States  of  America. 


MASSACHUSETTS    BAY. 


By  an  act  of  this  State,  passed  the  9th  of  November,  1784,  the 
justices  of  the  courts  of  judicature  were  directed,  severally,  to  suspend 
rendering  judgment  for  any  interest  that  might  have  accrued  between 
the  19th  of  April,  1775,  and  the  20th  of  January,  1783,  on  debts  due 
to  British  subjects. 

This  act  is  peculiarly  severe  on  British  subjects,  against  whom  it 
is  expressly  pointed.  The  demand  of  interest  is  called  inequitable 
and  unjust,  and  the  Legislature  of  tliis  State  conceive  it  to  bo 
repugnant  to  tlie  spirit  and  intention  of  the  fourth  article  of  the 
treaty  of  peace,  which  they  say  provides  only  for  bona  fide  debts. 
The  act  states  that  the  Legislature  have  taken  measures  to  obtain 
the  sense  of  Congress  upon  this  article  ;  but  the  committee  have  not 
heard  that  any  opinion  has  been  given  thereon. 


NEW  YOKK. 


By  an  act  passed  in  this  State  the  12th  of  July,  1782,  British 
creditors  an;  precluded  from  the  claim  of  interest  on  all  debts 
contracted   before  the  Isl  of  January,  177G,  until   after   the  1st  of 


DIPLOMATIC  CORRESPONDENCE.  583 

January,  1783;  and  executions  for  the  principal  of  those  debts  are 
forbidden  to  be  levied  until  the  expiration  of  three  years  after  the 
evacuation  of  New  York.  By  another  act  passed  the  17th  of 
March,  1783,  and  confirmed  by  others  in  1784  and  1785,  those 
Americans  who  had  abandoned  their  possessions  in  New  York  upon 
its  capture  by  the  British  troops,  and  resided  without  the  lines  during 
the  war,  are  enabled  to  bring  actions  of  trespass  for  rents,  he,  during 
their  absence  against  the  persons  who  had  occupied  their  premises, 
whether  under  the  authority  or  permission  of  the  British  commander 
or  otherwise ;  and  who  by  this  act  are  precluded  from  pleading  any 
military  order  whatsoever  in  justification  of  their  occupancy.  It  also 
authorizes  the  sequestration  of  the  estates  of  British  subjects  lying  in 
that  country  for  their  conduct  during  the  war. 

By  virtue  of  this  law  actions  for  claims  to  an  enomious  amount  were 
immediately  instituted  against  British  subjects,  who,  relying  implicitly 
on  the  treaty  of  peace  and  the  faith  of  nations,  were  encouraged  to 
remain  in  New  York  upon  its  evacuation  for  the  purposes  of 
collecting  their  debts,  and  settling  or  extending  their  commercial 
affairs ;  and  in  cases  where  those  who  had  occupied  the  premises 
were  not  to  be  found,  the  demands  were  made  on  the  lodger,  the 
late  servant,  or  the  agent  of  those  occupiers.  These  suits  have  been 
prosecuted  with  the  utmost  severity,  and  being  determinable  by  juries 
of  interested  men,  as  well  as  conformable  to  the  abovementioned 
statute,  it  is  no  wonder  that  verdicts  for  exorbitant  rents  and 
damages  have  in  every  instance  been  found  against  the  defendants. 

PENNSYLVANIA. 

This  State  has  violated  the  4th  article  of  the  definitive  treaty  by 
passing  a  law,  soon  after  the  peace,  to  restrain  the  recovery  of  the 
old  debts  for  a  given  period.  The  British  merchants  were,  in  con- 
sequence thereof,  set  at  defiance,  and  few  instances  exist  of  payment 
having  been  made  for  any  debts  contracted  before  the  war.  This 
law  was  limited  to  September,  1784 ;  but  whether  it  has  been 
further  extended  by  any  new  act,  or  whether  it  expired  at  that  time, 
the  committee  are  not  certain.  This  law,  operating  with  the  fears 
and  prejudices  of  some  of  the  inhabitants,  has  produced  effects  of  the 
most  mischievous  consequence  to  the  British  merchants;  for  not 
only  a  uniform  opposition  has  been  made  against  the  payment  of 
interest,  but  the  lawyers,  dreading  the  resentment  of  some  of  the 


584  JOHN  ADAMS-JOHN  JAY. 

most  violent  among  their  countrymen,  have  refused  to  engage  in  the 
recovery  of  these  unpopular  demands ;  and  the  committee  are  well 
assured  that  not  one  action  for  the  payment  of  an  old  British  debt 
has  been  prosecuted  in  this  State. 

VIRGINIA,  MARYLAND,  AND  NORTH  CAROLINA. 

The  merchants  interested  in  the  trade  to  these  States  havlns: 
already,  by  their  chairman,  presented  their  case  and  memorial  to  the 
right  honorable  the  Marquis  of  Caermarthen  respecting  their  situation 
as  to  the  debts  due  to  them  previous  to  the  late  war,  and  the  hard- 
ships they  experience  from  the  infraction  of  the  4th  article  of  the 
definitive  treaty,  the  committee  beg  leave  to  refer  to  the  annexed 
extract.* 

SOUTH    CAROLINA. 

After  Congress  had  ratified  the  definitive  treaty  of  peace,  they  had 
recommended  a  due  observance  thereof  to  the  different  States,  and 
the  Assembly  of  South  Carolina  resolved  to  carry  the  said  treaty 
into  execution  sincerely,  strictly,  and  completely  ;  but,  regardless  of 
those  resolutions,  and  in  contravention  to  the  treaty,  the  Legislature 
passed  an  ordinance  the  26th  of  March,  1784,  declaring,  among 
other  things,  that  no  suit  should  be  instituted  for  any  debt  contracted 
by  any  citizen  of  the  United  States  previous  to  the  26th  of  February, 
1782,  until  the  1st  of  January,  1785,  when  the  interest  only  which 
had  accrued  since  January,  1780,  might  be  recovered. 

And,  on  the  1st  of  January,  1786,  one  fourth  part  of  the  principal, 
and  all  such  other  interest  as  might  be  then  due. 

On  the  1st  of  January,  1787,  one  other  fourth  part  of  the  ])rin- 
ci])al  and  the  interest  which  shall  have  accrued. 

On  the  1st  of  January,  1788,  one  other  fourth  part  of  the  prin- 
cipal, and  the  interest  accrued  thereon;  and  on  the  1st  January, 
1789,  the  balance  which  may  be  then  due. 

By  this  ordinance  debtors  are  judicially  protected  from  suits  brought 
at  the  instance  of  their  creditors,  who  are  chiefly  IJritish  merchants; 
and  so  great  and  general  are  the  obstructions  to  the  recovery  of 
debts,  that,  in  se-veral  districts  remote  from  Cliarlrstoii.  the  courts 
have  been  prevented  by  tumultuous  and  riotous  proceedings  from 

•  Sec  extract  of  Memorial,  page  587. 


DIPLOMATIC  CORRESPONDENCE.  585 

determining  actions  for  debt.  By  the  delay  thus  occasioned,  the 
property  of  the  British  merchant  becomes  every  day  more  precarious. 
His  credit  and  fortune  are  materially  injured,  and,  in  many  cases, 
totally  destroyed. 

To  prevent  the  operation  of  the  act  beforementioned,  in  cases 
where  it  empowers  creditors  to  sue  for  one-fourth  part  of  the  prin- 
cipal of  a  debt  on  the  1st  of  January,  1786,  an  act  was  passed 
by  this  Legislature  the  12th  October,  1785,  entitled  "An  act  for 
regulating  sales  under  execution,  and  for  other  purposes  therein 
mentioned,"  whereby  a  debtor,  during  any  period  of  a  suit  that  has 
been  or  may  be  commenced,  is  allowed  to  tender  land  in  payment  of 
his  debt ;  such  land  to  be  appraised  by  three  citizens  of  the  county 
or  parish  where  it  lies,  who  are  authorized  to  value  it  as  if  sold  at  a 
credit  of  six  months.  The  creditor  is  then  obliged  to  take  the  land 
at  three-fourths  of  the  value  at  which  it  is  so  appraised. 

By  the  same  law  it  is  further  enacted  that  no  creditor  shall  bring 
any  suit  for  debt  until  he  make  application,  in  writing,  from  himself 
to  his  debtor,  for  payment.  This  act  seems  calculated  to  cut  off  all 
possibility  of  non-resident  British  creditors  commencing  a  suit.  The 
proviso  that  he  must  write  himself  to  his  debtor  is  considered  as  an 
insurmountable  obstacle  in  his  proceedings,  as  he  must  meet  with 
innumerable  difficulties  in  proving  the  delivery  of  his  letter  to  a  debtor, 
who  may  reside  in  the  interior  part  of  the  State.  Where  this  difficulty 
does  not  exist,  the  creditor  must  either  drop  his  action  or  run  the  risk 
of  having  property  of  little  or  no  value,  bordering,  perhaps,  on  the 
Indian  country,  forced  upon  him,  which,  if  sold  for  cash,  would  not 
produce  one-tenth  part  of  its  appraised  value.  Another  instance  of 
the  violation  of  the  fourth  article  of  the  treaty,  (which  provides 
that  "  creditors  on  either  side  shall  meet  with  no  lawful  impediment 
'  to  the  recovery  of  the  full  value,  in  sterling  money,  of  all  bona  fide 
'  debts  heretofore  contracted,")  arises  from  the  payment  of  debts  to 
British  subjects  in  depreciated  paper  currency,  which  was  forced  into 
circulation  during  the  war,  and  made  a  legal  tender,  according  to  its 
nominal  value,  by  the  then  Government.  The  depreciation  became 
so  great  that  debtors,  by  such  unjust  tenders,  did  not  pay  one  shilling 
in  the  pound ;  and  where  they  plead  these  payments  or  tenders  in 
bar  to  the  demands  of  their  British  creditors,  such  creditors  are 
proportionally  defrauded  of  their  property. 

The  fifth  article  of  the  treaty  stipulates  that  persons  of  certain 
descriptions  shall  have  free  liberty  to  go  to  any  part  of  the  United 


586  JOHN  ADAMS-JOHN  JAY. 

States,  to  obtain  the  restitution  of  their  rights  and  properties.  This 
article  has  been  grossly  violated  in  this  State;  for  though  such 
persons  were  permitted  to  go  thither,  yet  the  purposes  for  which  they 
went  were  frustrated  by  a  suspension  of  the  course  of  justice ;  for 
they  were  compelled  to  depart  by  a  public  notification  from  the 
Governor,  and  to  abandon  their  property,  under  the  aggravating 
reflection  of  having  been  at  considerable  expense,  both  of  time  and 
money,  in  a  delusive  pursuit ;  and  having  also  experienced  great 
personal  insult  and  abuse  during  their  continuance  in  the  State. 

Several  British  merchants,  who  had  sold  goods  in  Charleston, 
while  in  possession  of  his  Majesty's  troops,  were  obliged  to  accept 
houses  and  lands  in  payment  of  debts.  After  its  evacuation,  an  act 
of  confiscation  was  enforced,  which,  though  not  passed  till  26th  of 
February,  1782,  had  retrospect  to  the  4th  of  July,  1776.  Houses 
and  lands,  then  the  property  of  persons  in  purview  of  the  act,  but 
which  had  undergone  many  changes,  and  actually  belonged  to 
British  merchants  when  the  act  was  passed,  were  sold  by  the  com- 
missioners of  confiscated  estates  in  June,  1784,  without  any  regard 
to  their  claims  founded  upon  the  fifth  and  sixth  articles  of  the  treaty 
of  peace.  The  property  was  sold  at  a  credit  of  five  years ;  and 
State  indents  were  to  be  received  in  payment.  In  case  the  State  of 
Carolina  should  comj)ly  with  the  5th  article  of  the  treaty,  it  has 
been  suggested  that  the  claimants  will  be  paid  in  State  indents, 
which  are  already  depreciated  fifty  per  cent.,  and  it  is  apprehended 
may,  at  the  end  of  five  years,  be  so  reduced  in  value  that  creditors 
of  this  description  will  not  receive  one  shilling  in  the  pound  of  their 
demands. 

It  is  also  necessary  to  observe,  that  the  decisions  of  the  board  of 
police,  established  under  the  King's  government,  in  Chaileston, 
however  equitable,  have  been  set  aside  since  the  peace.  British 
subjects  have  been  deprived  of  their  property  purchased  under  its 
process,  and  cast  in  excessive  damages  and  costs,  for  no  other  cause 
than  having  brought  actions  therein  for  the  recovery  of  debts,  even 
where  the  defendant  had  confessed  judgment,  and  when  botli  plaintiff 
and  defendant  were  British  subjects. 

GEORGIA. 

I^aws  and  regulations  similar  to  those  which  have  passed  in  South 
Cartjiina  exist  in  this  State,  with  degrees  of  jjcculiar  and  manifest 
aggravation ;  the  judges  from  the  bench  having  declared  that  no  suit 


DIPLOMATIC  CORRESPONDENCE.  587 

shall  be  proceeded  on,  if  brought  by  a  British  subject ;  while,  on  the 
contrary,  they  allow  British  subjects  to  be  sued  by  their  creditors. 
According  to  the  present  regulations  in  both  countries — 
An  American  is  protected  in  A  British  merchant  is,  in  some 
his  property  by  our  laws.  All  States  positively,  in  others  virtu- 
cur  courts  are,  and  always  have  ally,  prohibited  by  their  Legisla- 
been,  open  to  him,  for  the  recovery  tures  from  recovering  his  property ; 
of  any  debt,  as  well  interest  as  which  is  a  riolation  of  the  fourth 
principal.  article   of  the   treaty  of  peace. 

In  several  States  judgment  for 
interest  for  more  than  seven  years 
is  actually  suspended  by  law; 
whilst  in  others,  although  the 
courts  appear  to  be  open,  the 
lawyers  are  afraid  to  prosecute 
for  Bntish  debts. 

Those  creditors  are  deemed 
fortunate,  who  upon  giving  up  all 
claim  to  interest,  (which  is  equal 
to  thirty,  and  in  some  instances 
to  forty  per  cent.,)  can  obtain 
security  for  the  payment  of  the 
principal. 


Extract  of  the  Case  and  Memorial  of  the  Merchants  of  London, 
Bristol,  Liverpool,  Whitehaven,  and  Glasgow,  trading  to  Vir- 
ginia, Maryland,  and  JSorth  Carolina  previous  to  the  year  1776, 
addressed  to  the  right  honorable  the  Marquis  of  Caermarthen, 
his  Majesty''s  principal  Secretary  of  State  for  the  Foreign 
Department. 

That,  in  the  year  1777,  the  British  agents  and  factors,  as  well  as 
many  of  the  merchants,  were  compelled  to  quit  the  late  American 
Colonies,  leaving  behind  them,  in  real  estate,  debts,  and  other 
property,  equal  in  value  to  more  than  three  millions  sterling,  belong- 
ing to  the  merchants  of  London,  Bristol,  Liverpool,  and  Glasgow. 
That,  in  the  course  of  the  war,  much  of  the  property  of  the  British 
merchants  was  confiscated  and  sold ;  and  debts,  owing  to  persons 


588  JOHN  ADAMS— JOHN  JAY. 

who  had  no  share  in  the  contest,  were  paid  into  the  pubhc  treasuries 
of  Virginia  and  iNIaiyland  by  legislative  authority. 

That,  in  the  provisional  articles  of  peace  between  Great  Britain 
and  the  United  States  of  America,  having  been  agreed  upon  the 
30th  November,  1782,  and  finally  adjusted  on  the  3d  of  March, 
1783,  it  was  settled  and  agreed,  by  the  fourth  article  of  the  said 
treaty,  "  That  creditors,  on  either  side,  should  meet  with  no  lawful 
'  impediment  in  the  recovery  of  the  full  value,  in  sterling  money,  of 
'  all  bona  fide  debts  heretofore  contracted  ;"  and  the  fifth  article  having 
stipulated  that  the  Congress  should  earnestly  recommend  to  the 
Legislatures  of  the  respective  States  to  provide  for  the  restitution  of 
all  estates,  rights,  and  properties,  which  had  been  confiscated  belong- 
ing to  British  subjects ;  and  the  sixth  article  having  provided  that 
there  should  be  no  future  confiscation,  many  of  the  British  merchants, 
anxiously  solicitous  to  recover  the  property  so  long  withheld  from 
them,  and  upon  which  the  support  of  their  families,  in  many  instances, 
depended,  sent  out  agents  and  factors,  particularly  to  Virginia  and 
Maryland,  not  doubting  but  they  should  experience  every  facility  in 
the  collection  of  the  wreck  of  their  fortunes.  But,  upon  the  2d  of 
July,  1783,  an  edict  was  published  by  the  Governor  of  Virginia, 
ordering  all  the  British  agents  and  factors  who  had  arrived  in  that 
State  forthwith  to  depart  the  same.  That,  in  this  situation,  these 
agents  and  factors  were  not  only  compelled  to  retire  on  board  of 
British  ships  then  trading  to  the  country,  but  had  the  mortification 
to  find  that  the  real  estates  of  many  of  the  British  merchants  had 
been  confiscated  and  sold,  and  the  produce  of  the  same  applied  to 
the  public  services  of  Government;  that,  in  the  month  of  October, 
1783,  the  legislative  body  of  Virginia  removed  the  restrictions;  in 
November  following  the  British  merchants  and  agents  were  j)ermitted 
to  return,  and  they  have  remained  unmolested  since  that  period ;  but 
no  permission  whatsoever  has  been  given  either  to  merchants  acting 
for  themselves,  or  to  agents  or  factors  acting  for  employers  in  Great 
Britain,  to  recover  any  j)art  of  the  dt.'bls  or  j)roj)('rly  left  in  the 
country  in  the  year  1775.  That,  in  th<;  month  of  October,  1784, 
the  legislative  body  of  Virginia  met,  and,  in  the  course  of  the 
session,  a  bill  was  brought  in,  the  preamble  of  which  runs  thus : 
'*  Whereas,  by  the  4th  article  of  the  definitive  treaty  of  peace 
•  bc'twoen  the  United  States  of  America  and  Great  Britain,  ratified 
'by  the  King  of  Britain  on  the  12th  day  of  May  last,  it  was  stipu- 


DIPLOMATIC  CORRESPONDENCE.  589 

*  lated,  among  other  things,  by  the  said  contracting  parties,  that 
'  creditors  on  either  side  shall  meet  with  no  lawful  impediment  to  the 
'  recovery  of  the  full  value,  in  sterling  money,  of  all  bona  fide  debts 
<  heretofore  contracted  ;  and  good  faith  requires  that  the  said  treaty 
'  shall  he  carried  into  execution,  according  to  the  true  intent  and 
'meaning  thereof.'^  The  bill  then  proceeds  to  several  enacting 
clauses,  the  substance  of  which  is  as  follows  : 

1st.  That  the  restraints  disabling  British  subjects  from  prosecuting 
for  the  recovery  of  debts  shall  be  removed  by  the  repeal  of  an 
ordinance  made  since  the  19th  April,  1775. 

2d.  That  all  British  debts  due  before  the  date  of  the  provisional 
articles  shall  be  discharged  by  seven  equal  payments,  the  first  of 
which  shall  become  due  the  1st  of  April,  1786. 

3d.  That  the  other  payments  shall  fall  due  on  the  same  day  in  the 
six  years  then  next  following,  respectively. 

4th.  That  no  interest  shall  be  allowed  to  British  subjects  for  any 
intermediate  time  between  the  19th  day  of  April,  1775,  and  the 
3d  day  of  March,  1783,  the  said  time  to  be  considered  as  one  day 
in  law. 

5th.  That  no  settlement  made  by  bonds  or  other  specialties,  with 
interest  included,  at  any  time  since  that  period,  shall  preclude  a 
citizen  of  America  from  the  benefit  of  this  act,  so  far  as  respects 
interest  and  payment  by  instalments  to  British  creditors. 

6th.  That  no  execution  shall  issue  against  any  debtor  for  more 
than  the  proportion  of  the  instalment  due  for  the  time  being ;  but 
such  execution  may  issue  annually  for  the  proportion  then  due  until 
the  whole  shall  be  discharged. 

7th.  That  the  citizens  of  Virginia,  who  have  been  resident  there 
on  the  19th  of  April,  1775,  and  have  remained  ever  since,  although 
the  partners  of  British  merchants  shall  not,  so  far  as  they  are  con- 
cerned, be  subject  to  the  restrictions  of  this  act,  but  shall  enjoy  the 
privileges  of  other  citizens. 

This  bill  passed  the  Assembly  and  Senate  of  Virginia ;  but,  from 
the  want  of  some  forms,  it  was  delayed,  if  not  lost. 

Whether  the  same  system  of  explaining  and  fulfilling  the  4th 
article  of  the  definitive  treaty  will  be  followed  by  other  States  in 
America,  or  whether  the  Commonwealth  of  Virginia  will  finally 
enact  this  law,  remains  to  be  determined ;  but  the  peculiar  hardships 
to  which  British  merchants  are  subjected  cannot  fail  to  be  strikingly 
conspicuous,  when  it  is  considered — 


590 


JOHN  ADAMS-JOHN  JAY. 


1st,  That  it  is  now  ten  years  since  their  property  has  been  with- 
held from  them. 

2d.  That  they  are  to  be  deprived  of  eight  years  interest,  equal  to 
forty  per  cent. 

3d.  That  the  system  of  making  payments  by  instalments  to  run 
out  to  such  lengths  of  time,  must  subject  them  to  great  loss  from  the 
natural  causes  of  deaths,  bankruptcy,  and  removals,  which  must  be 
expected  to  happen  in  the  course  of  eight  years. 

4th.  That,  during  this  period,  no  security  can  be  demanded, 
neither  can  a  debtor  be  restrained  by  law  from  wasting  or  removing 
property. 

5th.  That,  with  all  these  disadvantages,  that  of  removing  the  last 
payment  to  the  year  1792,  and,  of  consequence,  obliging  the  British 
merchants  to  keep  factors  and  agents,  at  a  great  expense,  in  the 
country,  to  collect  these  debts,  cannot  fail  to  prove  a  great  additional 
burden  to  your  memorialists. 

6th.  That  no  provision  is  proposed  to  be  made  for  the  real  prop- 
erty confiscated  and  sold  for  public  services,  nor  for  money  paid 
into  the  treasuries  of  Virginia  and  Maryland. 

That  these  and  other  hardships  are  distressing  in  the  extreme  to 
the  British  merchants ;  and  when  it  is  considered  that,  in  addition 
to  all  this,  some  of  them  have  had  the  mortification  to  have  their 
property  confiscated  and  sold  since  the  ratification  of  the  treaty  of 
peace,  tiiey  conceive  the  grounds  of  their  distress  to  be  so  peculiarly 
striking  as  to  claim  the  assistance  and  interposition  of  the  British 
Government  in  procuring  a  compliance  with  the  treaty  of  peace 
into  entered  with  the  American  States. 


List  of  Money  paid  into  the  Treasury  in  Maryland  on  account  of 

British  Debt. 


1781.  F.l)ruary 
Mar.li... 
A|iril.  . . 
May.. . . 
June  ... , 


Currency  exchange  663 


^2,000    0    0 
71),517  13  lU 
a.HJU    U    0 

]y,:jf<G   8   G 

■Ki.KJO    G  11 


■C\\\,:>1\     D     4i 


New  emission,  C. 


af50  0 

1,'J8S  '.) 

71  0 

y.\:)  \:\ 

1,171)  15 


0 

]'. 
(]" 

G 
7 


X3,G15  18    21 


N.  B.    The  above  sum  of  ^144,574  curreacy  is  uquol  to  ^86,744  sterling. 


DIPLOMATIC  CORRESPONDENCE. 


591 


List  of  Money  paid  into  the  Treasury  of  Virginia  on  account  of 
the  Public  Debt. 


April, 


Paid  from  the  2d  March,  1778,  to 
the  last  day  of  October,  both  days 

inclusive , 

Do.  last  of  October  to  the  last  of 

December,  1778 

December,  do.  March,  1779 , 

March,        do.  April 

do.  June , 

July 

August 

September 

October 

November 

December 

January, 1780. .. . 

February 

March 

April  and  May . . . 


Paper  currency. 


Value  in  specie. 


^^27,022  17    9 


14,684 
7,086 

23,435 

28,911 
6,533 
3,228 
5,063 
1,475 
4,315 

12,488 
1,496 

11,972 

6,317 

119,522 


13  0 

11  2 

3  0 
5  3 

4  0 
16  0 

0  0 

15  6 


^273,554  13    7 


6 
10 
16 
20 
21 
22 
24 
28 
36 
40 
42 
45 
50 
60 


^5,404  11     6i 


2,447  9 

8 

708  13 

u 

1,464  13 

11? 

1,445  1] 

3i 

311  2 

li 

146  15 

3i 

210  19 

2 

52  14 

11 

119  17 

4 

312  4 

4i 

35  12 

9? 

266  0 

10? 

126  6 

11? 

1,992  0 

Hi 

.^15,044  13    8 


N.  B.  The  above  sum  of  of273,554  cui-rency,  is  equal  to  if  12,035  sterling 


This  and  the  five  preceding  sheets  contain  true  copies  of  the  state 
and  lists  enclosed  in  the  Marquis  of  Caermarthen's  letter  to  me,  dated 
28th  February,  1786,  in   answer  to  the  memorial  of  the  30th  of 
November,  delivered  to  his  Lordship  the  8th  of  December,  1785. 
Compared  by  ^^^^  ADAMS. 


Report  of  Secretary  Jay  on  Mr.  Adamses  Letter  of  4th  March,  1786. 

Office  for  Foreign  Affairs,  October  13,  1786. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  of  the  4th  March  last,  from 
the  Honorable  John  Adams,  Esquire,  together  with  the  papers 
that  accompanied  it;  reports  : 


592  JOHN  ADAMS-JOHN  JAY. 

That  as  the  subject  of  these  papers  and  of  this  report  appears  to 
your  Secretaiy  in  a  very  important  point  of  hght,  he  thinks  they 
should  be  so  incorporated  as  that  the  record  of  the  latter  in  this 
office  may  always  exhibit  an  entire  and  complete  v'iew  of  the  whole 
business.     lie  therefore  reports  : 

That,  on  the  8th  day  of  December,  1785,  Mr.  Adams,  agreeably 
to  his  instructions  of  the  7th  day  of  March,  1785,  presented  to  his 
Britannic  Majesty's  Secretary  of  State  a  memorial  dated  the  30th 
day  of  the  preceding  month,  in  the  following  words : 

[.See  Memorial,  p.  542.] 

On  considering  the  before-recited  papers,  these  important  questions 
present  themselves : 

1.  Whether  any  individual  State  has  a  right,  by  acts  of  their  own 
internal  Legislature,  to  explain  and  decide  the  sense  and  meaning  in 
which  any  particular  article  of  a  national  treaty  shall  be  received  and 
understood  within  the  limits  of  that  State  ? 

2.  Whether  any,  and  which,  of  the  acts  enumerated  in  the  list  of 
grievances,  do  violate  the  treaty  of  peace  between  the  United  States 
and  Great  Britain  ? 

3.  In  case  they,  or  any  of  them,  should  be  found  to  violate  it, 
what  measures  should  be  adopted  in  relation  to  Great  Britain  ? 
And, 

•1.  What  measures  should  be  adopted  in  relation  to  the  State  or 
States  which  passed  the  exceptionable  acts  ? 

Of  these  in  their  order  ;  and 

1.  Of  the  rigiit  of  an  individual  State  to  enact  in  what  sense  a 
national  treaty  shall  be  understood  within  its  particular  limits. 

Your  Secretary  considers  the  thirteen  independent  sovereign  States 
as  iiaving,  by  express  delegation  of  power,  formed  and  vested  in 
Congress  a  perfect,  though  limited  sovereignty,  for  the  general  and 
national  purposes  specified  in  the  Confederation. 

In  this  sovereignty  they  cannot  severally  participate,  except  by 
their  delegates,  or  have  concurrent  jurisdiction  ;  for  liie  9th  article  of 
the  Confederation  most  expressly  conveys  to  Congress  the  sole  and 
exclusive  right  and  power  of  determining  on  icar  and  peace,  and  of 
entf^ring  into  treaties  and  aUiances,  &:c.,  &;c. 

When,  therefore^,  a  treaty  is  constitutionally  made,  ratified,  and 
puMisherl  by  Congress,  it  iinuKMliately  becomes  binding  on  the  whole 
nation,  and  superadd(;d  to  the  laws  of  the  land  without  the  interven- 


DIPLOMATIC  CORRESPONDENCE.  593 

tion,  consent,  or  fiat  of  State  Legislatures.  It  derives  its  obligation 
fi'om  its  being  a  compact  between  the  sovereign  of  this  and  the 
sovereign  of  another  nation  ;  but  laws  or  statutes  derive  their  force 
from  being  acts  of  a  Legislature  competent  to  the  passing  of  them. 

Hence  it  is  clear  that  treaties  must  be  implicitly  received  and 
observed  by  every  member  of  the  nation ;  for,  as  State  Legislatures 
are  not  competent  to  the  making  of  such  compacts  or  treaties,  so 
neither  are  they  competent  in  that  capacity  authoritatively  to  decide 
on  or  to  ascertain  the  construction  and  sense  of  them. 

When  doubts  ai'ise  respecting  the  construction  of  State  laws,  it  is 
common  and  proper  for  the  State  Legislatures,  by  explanatory  or 
declaratory  acts,  to  remove  those  doubts ;  but  when  doubts  arise 
respecting  the  construction  of  a  treaty,  they  are  so  far  from  being 
cognizable  by  a  State  Legislature,  that  Congress  itself  has  no 
authority  to  settle  and  determine  them. 

For,  as  the  Legislature  only,  which  constitutionally  passes  a  law, 
has  power  to  revise  and  amend  it,  so  the  sovereigns  only  who  are 
parties  to  the  treaty  have  power,  by  posterior  articles  and  mutual 
consent,  to  correct  or  explain  it. 

All  doubts  in  cases  between  private  indixdduals  respecting  the 
meaning  of  a  treaty,  like  all  doubts  respecting  the  meaning  of  a  law, 
are,  in  the  first  instance,  mere  judicial  questions,  and  are  to  be  heard 
and  decided  in  the  courts  of  justice  having  cognizance  of  the  causes 
in  which  they  arise;  and  whose  duty  it  is  to  determine  them 
according  to  the  rules  and  maxims  established  by  the  laws  of  nations 
for  the  interpretation  of  treaties. 

If  this  reasoning  and  these  principles  be  right,  as  your  Secretary 
thinks  they  are,  it  follows,  of  consequence,  that  no  individual  State 
has  a  right,  by  legislative  acts,  to  decide  and  point  out  the  sense  in 
which  their  particular  citizens  and  courts  shall  understand  this  or 
that  article  of  a  treaty.  A  contrary  doctrine  would  not  only  militate 
against  the  common  and  received  principles  and  ideas  relative  to 
this  subject,  but  would  prove  as  ridiculous  in  practice  as  it  appears 
irrational  in  theor}' ;  for  in  that  case  the  same  article  of  the  same 
treaty  may,  by  law,  mean  one  thing  in  New  Hampshire,  another  in 
New  York,  and  neither  the  one  nor  the  other  in  Georgia. 

It  would  be  foreign  to  the  object  of  tliis  report  to  inquire  how  far 
such  legislative  acts  are  valid  and  obligatory,  even  within  the  limits 
of  the  State  passing  them.  IMuch  might  be  said  on  that  head; 
Vol.  II.— 38 


594  JOHN  ADAMS-JOHN  JAY. 

certain,  however,  it  is,  tliat  they  cannot  bind  eitlier  of  the  contracting 
sovereigns,  and  consequently  cannot  bind  their  respective  nations. 

2.  Whether  any,  and  which,  of  the  acts  mentioned  in  the  hst  of 
grievartces,  do  violate  the  treaty  with  Great  Britain  ? 

It  is  to  be  observed  that  the  violations  complained  of  are  confined 
to  three  articles  of  the  treaty,  viz :  the  4th,  5th,  and  6th. 

Your  Secretaiy  will,  therefore,  proceed  to  arrange  and  consider 
these  acts  in  that  order. 

The  4th  article  of  the  treaty  is  in  these  words :  "  It  is  agreed  that 
'  the  creditors  on  either  side  shall  meet  with  no  lawful  impediment  to 
'  the  recovery  of  the  full  value,  in  sterling  money,  of  all  bona  fide 
<  debts  heretofore  contracted." 

This  article,  in  the  opinion  of  your  Secretary,  establishes  this 
point,  viz :  That  bona  fide  debts,  heretofore  contracted,  remained 
unextinguished  by  the  war. 

The  propriety  of  making  this  remark  will  appear  from  adverting 
to  the  distinction  there  is  between  cases  where  the  rights  of  creditors 
survived  the  war,  and  cases  where  creditors,  having  been  divested  of 
their  rights  in  the  course  of  the  war,  are  restored  to  them  by  the 
treaty  of  peace.  In  the  former  case,  his  right  remains  precisely  as 
it  was ;  but,  in  the  latter  case,  it  may  sometimes  be  questionable 
whether  the  treaty  restores  that  right  wholly  or  only  in  part ;  and 
such  questions  are  only  to  be  decided  by  recurring  to  the  article  of 
restoration.  This  distinction  is  introduced  for  the  purpose  of  casting 
light  on  the  question,  whether  interest  is  or  is  not  payable  on,  or 
comprised  in,  the  bona  fide  debts  mentioned  in  the  article  before  us? 
For,  if  the  article  considers  these  debts  or  contracts  as  being  in  their 
original  state  of  extent  and  obligation,  there  can  be  little  doubt  but 
that  when  a  stipulation  to  pay  interest  makes  a  part  of  the  contract, 
every  attempt  to  invalidate  that  particular  part  must  be  in  opposition 
to  the  treaty.  But,  on  the  other  hand,  if  the  article  is  to  be  con- 
sidered as  restoring  creditors  to  rights  they  had  lost  in  the  war,  then, 
inasmuch  as  it  provides  only  for  the  recovery  of  the  bona  fide  debts, 
without  making  mention  of  the.  interest  accrued  on  them,  it  may  be 
a  question  with  some  whether  the  right  to  recover  the  interest  is  so 
attached  to  iIk;  right  of  recovering  the  ])rincipal  as  that  a  restoration 
of  the  lallf.T  necessarily  implies  and  restores  the  former;  for  nothing 
b«-ing  said  in  the  article  to  excludes  interest,  the  only  question  is, 
wljctlicr  the  revival  of  the  principal  debt  docs  or  docs  not  operate 


DIPLOMATIC  CORRESPONDENCE.  595 

as  a  revival  of  the  interest  ?  But  this  is  only  a  secondary  question, 
and  to  be  asked  only  in  case  it  should  appear  that  both  principal  and 
interest  were  lost  in  the  war,  and  restored  by  the  treaty,  under  the 
denomination  of  bona  fide  debts,  which  words  some  construe  as 
including  both  principal  and  interest,  and  others  think  can  intend 
only  the  principal.  Those  who  consider  this  article  as  being  resto- 
ratory  must  insist,  and  ought  to  show,  that  the  debts  said  to  be 
restored  were  actually  lost  to  the  creditors  in  the  course  of  the  war. 
If  that  was  the  case,  they  must  have  been  so  lost,  either  by 
extinction,  remission,  or  confiscation,  and  that  either  tacitly  and 
silently  by  the  laws  of  war,  or  expressly  by  national  acts. 

Your  Secretary  is  not  informed  of  any  laws  of  war,  among  civil- 
ized nations,  whereby  all  debts  before  subsisting  between  the  people 
of  belligerent  nations  are  inmiediately  and  silently  either  extinguished, 
remitted,  or  confiscated ;  and  it  would,  he  conceives,  be  useless  to 
adduce  the  obvious  reasons  which  induce  him  to  think  that  there 
neither  are,  nor  ought  to  be,  any  such  laws.  If  this  be  so,  it  follows 
that  the  4th  article  cannot  be  considered  as  restoratory,  on  the  prin- 
ciple that  the  debts  in  question  were  lost  by  the  silent  operation  of 
such  laws. 

The  next  inquiry,  then,  is,  whether  belligerent  Powers  have  a 
right,  by  express  acts,  to  extinguish,  remit,  or  confiscate  such  debts  ? 
Your  Secretary  thinks  that  the  laws  of  nations,  strictly  and  rigidly 
considered,  will  authorize  it ;  but  that,  since  mankind  have  become 
more  enlightened,  and  their  manners  more  softened  and  humanized, 
it  has  not  been  common,  as  well  for  those  reasons  as  for  others 
suggested  by  the  interest  of  commerce  and  mutual  intercourse,  to 
practice  such  severities. 

But,  admitting  that  the  United  States  had  a  right  to  extinguish, 
remit,  or  confiscate  debts  due  from  their  citizens  to  British  subjects, 
it  still  remains  to  be  inquired  whether,  and  in  what  manner,  and  by 
what  acts  they  exercised  that  right. 

For  if  they  did  not  exercise  this  right  at  all,  then  it  will  follow  that 
these  debts  were  neither  extinguished,  remitted,  nor  confiscated ;  that 
the  article  cannot  be  considered  as  restoratory,  nothing  being  more 
clear  than  that  restoration  always  implies  previous  deprivation. 

Here  a  very  important  question  presents  itself,  viz :  whether  the 
State  Legislatures  can  derive  a  right  from  the  existence  of  war 
between  their  sovereign  and  a  foreign  one  to  extinguish,  remit,  or 


596  JOHN  ADAMS-JOHN  JAY 

confiscate,  by  their  acts,  debts  due  from  their  citizens  to  the  subjects 
of  that  foreign  sovereign. 

The  rights  to  make  war,  to  make  peace,  and  to  make  treaties 
appertaining  exclusively  to  the  national  sovereign,  (that  is  to 
Congress.)  your  Secretary  is  of  opinion  that  the  thirteen  Legislatures 
have  no  more  authority  to  exercise  the  powers,  or  pass  acts  of 
sovereignty  on  those  points,  than  any  thirteen  individual  citizens. 

To  execute  the  laws,  or  exercise  the  rights  of  war  against  a 
national  enemy,  belongs  only  to  the  national  sovereign,  or  to  those 
to  whom  the  national  sovereign  may  constitutionally  delegate  such 
authority.  So  that  whatever  right  each  State,  individually  consid- 
ered, may  have  to  sequester  or  confiscate  the  property  of  their  o-svn 
proper  citizens,  yet,  with  respect  to  the  common  enemy  of  the 
nation,  they  can  separately  do  no  act  of  national  sovereignty ;  for 
surely  a  thirteenth  part  of  a  nation  can,  with  no  propriety,  assume  a 
power  of  doing  national  acts  proper  only  to  the  national  sovereign. 
However  recent  may  be  the  date  of  the  Confederation,  yet  a  union 
founded  in  compact,  and  vesting  the  rights  of  war  and  peace  in 
Congress,  preceded  it ;  and  your  Secretary  is  exceedingly  mistaken 
if  there  ever  was  a  period  since  the  year  1775  to  this  day,  when 
either  of  the  then  Colonies,  now  States,  were  in  capacity  to  pass 
State  laws  for  sequestering  or  confiscating  the  debts  or  property  of 
a  national  enemy.  It  was  then,  and  afterwards,  by  virtue  of  national 
commissions,  that  the  enemy's  property  on  the  sea  was  liable  to  be 
captured  and  confiscated,  and  equal  authority  was  necessary  to 
justify  the  confiscation  of  their  property  found  on  the  land. 

Whatever  State  acts,  therefore,  may  have  been  passed  during  the 
war,  exercising  rights  accruinjj  to  the  sovereign  from  the  laws  of 
nations  respecting  war,  they  cannot,  in  the  opinion  of  your  Secretary, 
be  obligatory  on  either  of  the  belligerent  sovereigns,  and  consequently 
not  on  any  of  their  respective  citizens  or  subjects. 

Your  Secretary  would  not  have  it  inferred  from  these  remarks 
that  the  States  have  passed  general  laws  for  confiscating  Hritish  debts 
due  from  their  citizens.  His  design,  in  these  remarks,  is  to  obviate 
any  arguments  that  might  be  drawn  from  certain  other  acts  less 
general  and  direct,  but,  in  his  opinion,  equally  improper.  Such,  for 
instance,  as  those  whereby  certain  Hritish  subjects  were  declared 
traitors,  and  whereby,  as  a  consequence  of  treason,  the  dt'bts  due  to 
ihein  became  payable  to  the  State  to  which  those  British  subjects 


DIPLOMATIC  CORRESPONDENCE.  597 

were  declared  to  be  traitors ;  for  such  laws,  however  absurd,  do 
exist. 

There  are  also  certain  other  laws  authorizing  the  payment  of  debts 
due  to  certain  individuals  to  be  made  at  the  State  Treasury,  in  paper 
money,  &;c.,  &;c. 

The  question  then  again  recurs.  Did  Congress  do  any  act  for 
extinguishing,  remitting,  or  confiscating,  debts  due  from  American  to 
British  subjects  ? 

In  an  act  of  South  Carolina,  passed  in  their  Senate  the  26th 
February,  1782,  and  entitled  "An  act  for  disposing  of  certain  estates, 
and  banishing  certain  persons  therein  mentioned,^^  your  Secretary 
finds  the  following  recital,  viz  : 

"Whereas  the  good  people  of  these  States  having  not  only  suffered 
'  great  losses  and  damages  by  captures  of  their  property  on  the  sea 
'  by  the  subjects  of  his  Britannic  Majesty,  but  by  their  seizing  and 
'carrying  off  much  property  taken  on  the  land;  in  consequence  of 
<  such  proceedings  of  the  British  Crown,  and  those  acting  under  its 
'authority,  the  honorable  Congress  of  the  United  States,  after  due 
'  and  mature  consideration,  authorized  the  seizure  and  condemnation 
'of  all  property  found  on  the  sea,  and  belonging  to  the  subjects  of 
'  Great  Britain,  and  recommended  to  the  several  States  in  which  her 
'subjects  had  property  to  confiscate  the  same  for  the  public  use." 
This  resolution  is  not  specified  by  its  date. 

Your  Secretary  has  taken  pains  to  find  it  in  the  Journals  of 
Congress,  but  without  success ;  nor  does  the  Secretary  of  Congress 
recollect  it.  Admitting,  however,  that  there  was  such  a  recom- 
mendation, yet  he  cannot  think  that  a  recommendation  to  confiscate 
such  British  property  as  might  be  in  particular  States  can,  with  any 
propriety,  be  construed  to  extend  to  the  debts  due  from  the  people 
of  such  States  to  persons  in  Britain  ;  nay,  the  very  act  which  recites 
this  recommendation,  and  which  does  confiscate  the  property  of 
several  British  subjects,  makes  an  express  exception  of  debts.  In 
short,  your  Secretary  does  not  know  of  any  act  of  Congress  whereby 
debts  due  from  Americans  to  Britons  were  either  extinguished, 
remitted,  or  confiscated ;  and,  therefore,  he  concludes  that  the  fourth 
article  of  the  treaty  must  be  understood  not  as  reviving  or  restoring 
those  debts,  but  as  considering  them  to  be,  and  remain  exactly  and 
precisely  in  their  pristine  and  original  state,  both  with  respect  to 
extent  and  obligation. 


598  JOHN  ADAMS-JOHN  JAY. 

If  this  conclusion  be  just,  your  Secretar)"^  can  perceive  no  ground 
for  the  singular  reasonings  and  questions  that  have  prevailed, 
respecting  the  payment  of  the  interest  claimed  by  British  creditors, 
in  virtue  of  express  contracts  between  them  and  their  American 
debtors. 

However  harsh  and  severe  the  exaction  of  this  interest,  considerins: 
the  war  and  its  effects,  may  appear  and  be,  yet  the  treaty  must  be 
taken,  and  fulfilled  with  its  bitter  as  well  as  its  sweets,  and  although 
we  were  not  obliged  to  accept  peace  on  those  terms,  yet,  having  so 
accepted  it,  we  cannot  now  invalidate  those  terms  or  stipulations,  nor 
with  honor  or  justice  refuse  to  comply  with  them. 

INIuch  better  would  it  be  for  the  United  States,  cither  severally  or 
jointly  by  their  own  bounty,  to  relieve  those  suffering  and  deserving 
individuals  on  whom  the  performance  of  this  article  may  press  too 
hard,  than  by  reasonings  and  comments,  which  neither  posterity  nor 
impartial  cotemporaries  can  think  just,  to  permit  our  national  reputa- 
tion for  probity,  candor,  and  good  faith,  to  be  tarnished. 

Your  Secretary  will  conclude  what  he  has  to  say  on  the  subject  of 
interest  with  a  few  short  remarks. 

It  appears  to  him  that  there  are  only  three  cases  in  which  interest  can 
with  justice  be  demanded ;  and  that  in  the  first  of  the  three  the  courts 
of  justice  are  not,  and  ought  not  to  be  at  liberty  to  refuse  it,  viz : 

1.  In  all  cases  where  interest  is  fairly  and  expressly  contracted 
and  agreed  to  be  paid.  In  such  cases,  the  debtor  is  unquestionably 
bound  to  pay  it ;  and  ought  not  to  be  absolved  or  excused  from  it 
by  any  act  of  legislation.  In  the  opinion  of  your  Secretary,  every 
Legislature  deviates  from  the  reason  and  limits  of  their  institution, 
when  they  assume  and  exercise  the  power  of  annulling  or  altering 
hona  fide  contracts  between  individuals. 

2.  Interest  may  be  claimed  in  certain  cases  by  custom,  viz:  In 
cases  where  it  has  long  been  usual  for  merchants  to  expect,  and  to 
allow,  interest  on  debts  after  the  stipulated  term  and  time  of  credit 
and  payment  has  expired.  This  custom,  in  the  ordinary  course  of 
things,  is  reasonable ;  for  equity  demands  that  he  who  does  not  pay 
at  the  appointed  day  should  llu-n-aftcr  [)ay  intcn-st  to  his  en-ditor,  as 
well  by  way  of  conipensalion  for  the  disappointment  as  for  the  use 
of  the  money. 

Wlx'thcr  the  reason  of  this  custom  can  apply  in  lime  of  war;  or 
whether  the  ei^uily  of  the  demand  of  interest,  in  virtue  of  the  custom, 


DIPLOMATIC  CORRESPONDENCE.  599 

is  or  is  not  overbalanced  by  the  equity  of  refusing  it  by  reason  of  the 
effects  of  the  war,  are  questions  proper  for  the  consideration  of  the 
jury ;  and  your  Secretary  sees  nothing  in  the  treaty  to  prevent  their 
deciding  as  to  them  shall  appear  just  and  right. 

3.  Interest  may  be  demanded,  and  is  often  given,  under  the  idea 
of  damages  for  wrongful  and  vexatious  delays  of  payment. 

Ever)'  case  of  this  kind  must  stand  on  its  own  merits,  and  the 
treaty  leaves  the  jury  at  liberty  to  give  such  a  verdict  as  their 
opinion  of  those  merits  may  dictate. 

5four  Secretary  will  now  proceed  to  examine  the  acts  complained 
of  as  infractions  of  this  article. 

The  first  on  the  list  is  called  an  act  of  Massachusetts,  passed  the 
9th  of  November,  1784;  but  it  was  a  resolution  of  the  Legislature, 
rather  than  a  formal  act.  As  the  abridgment  of  it  in  the  list  of 
grievances  may  not  be  so  satisfactory  to  Congress  as  a  recital  of  it 
at  large,  your  Secretary  thinks  it  better  to  report  it : 


"Commonwealth  of  Massachusetts, 

"In  Senate,  November  9,  1784 


\ 


"Whereas,  the  payment  of  interest  which  might  have  accrued 
during  the  late  war,  upon  debts  due  from  the  citizens  of  this  or  of 
any  of  the  United  States,  prior  to  the  commencement  of  the  same, 
to  real  British  subjects,  and  others,  commonly  called  absentees, 
would  be  not  only  inequitable  and  unjust,  but  the  Legislature  of  this 
Commonwealth  conceive  repugnant  to  the  spirit  and  intendment  of 
the  fourth  article  in  the  treaty  of  peace,  which  provides  only  for  the 
payment  of  bona  fide  debts ;  and  as  the  Legislature  have  taken 
measures  to  obtain  the  sense  of  Congress  upon  the  said  article,  so 
far  as  the  same  respects  the  payment  of  interest  which  might  have 
accrued  as  aforesaid,  and,  in  the  mean  time,  judgments  may  be 
obtained  in  some  of  the  courts  of  law  of  this  Commonwealth  for 
interest  accruing  as  aforesaid,  contrary  to  the  true  design  of  the  said 
treaty :    Therefore — 

^^  Resolved,  That  in  all  actions  or  suits  which  are,  or  may  be, 
instituted  or  brought  to  any  of  the  judicial  courts  within  this  Com- 
monwealth, wherein  any  real  British  subject  or  absentee  is  plaintiff 
or  defendant,  and  which  actions  or  suits,  by  the  laws  thereof,  are 
sustainable  therein,  the  justices  of  the  same  courts  are  hereby 
severally  directed  to  suspend  rendering  judgment  for  any  interest 
that  might  have  accrued  upon  the  demand  contained  in  such  actions 


600  JOHN  ADAMS-JOHN  JAY. 

and  suits,  between  the  19th  day  of  April,  1775,  and  the  20th  day 
of  January,  1783,  until  the  third  Wednesday  of  the  next  sitting  of 
the  general  court:  Provided,  always,  That  if  in  any  such  actions 
or  suits  the  plaintiffs  shall  move  for,  or  by  default  have  right  of 
judgment,  then,  and  in  such  case,  the  justices  aforesaid  shall  cause 
judgment  to  be  entered  for  the  principal  sum  which  by  the  laws  of 
this  Commonwealth  such  plaintiff  shall  be  entitled  to  recover,  and 
all  such  interest  as  accrued  thereon  before  the  19th  of  April,  and 
subsequent  to  said  20th  day  of  January,  and  execution  shall  issue 
accordingly ;  and  if  Congress  shall  hereafter  determine  that  interest, 
which  might  have  accrued  on  any  bona  fide  debt  aforesaid  during 
the  war,  ought  by  the  treaty  aforesaid,  to  be  considered  as  part  of 
such  debt,  then  the  said  courts,  respectively,  shall  proceed  to  enter 
a  further  judgment  for  the  amount  of  all  such  last  mentioned  interest, 
without  any  new  process,  and  issue  execution  for  such  further  sum 
accordingly ;  and  all  attachments  made,  or  bail  given  upon  any 
action  instituted  as  aforesaid,  shall  be  holden  to  respond  the  final 
judgment  that  may  be  given  for  the  amount  of  such  last  mentioned 
interest. 

"  Sent  down  for  concurrence. 

SAMUEL  ADAMS,  President. 

"  In  the  House  of  Representatives,  November  lOtli,  1784.  Read 
and  concurred  in. 

"  SAMUEL  A.  OTIS,  SpcaTcer. 

"Approved,  JOHN  HANCOCK. 

"^^J[^;;^^°P>^-  hoHN  AVERY,  Jr.,  Secretary- 

However  this  resolution  may  deviate  from  the  treaty,  and  perhaps 
from  the  proper  jurisdiction  of  the  Legislature,  yet  it  bears  strong 
marks  of  fairness  and  regard  to  justice. 

It  states  their  doubts  on  the  construction  of  the  article. 

It  docs  not  assume  the  power  of  deciding  those  doubts.  It  refers 
that  (|uostioii  to  Congress  ;  and,  although  it  susjiends  judgments  for 
interest,  yet  it  does  it  impartially,  and  not  only  in  cases  where  British 
creditors  an;  ])laintiffs,  but  also  where  they  are  defendants.  It  also 
provides  that  if  Congress  should  decide  in  favor  of  interest,  then 
judgment  and  execution  shall  be  given  accordingly. 


DIPLOMATIC  CORRESPONDENCE.  601 

Your  Secretary  is,  nevertheless,  of  opinion  that  this  resolution  was 
an  infraction  of  the  said  fourth  article. 

Because  State  Legislatures,  having  no  cognizance  of  questions 
respecting  the  construction  of  treaties,  can,  with  no  propriety, 
suspend  their  operation  on  account  of  any  fears  or  apprehensions 
which  they  may  entertain  of  and  concerning  such  questions. 

Because  as  it  appertained  to  the  courts  of  judicature  to  decide 
such  questions,  the  Legislature  ought  not  to  have  restrained  those 
courts  from  rendering  such  judgments  as  to  them  appeared  consistent 
with  the  treaty  and  the  law ;  for,  by  restraining  the  courts  from  giving 
judgment  for  interest  in  cases  where  they  would  have  given  such 
judgment  unless  so  restrained,  the  Legislature  did  certainly  interpose 
a  lawful  impediment  to  the  plaintiff's  recovering  what  the  courts 
were  ready  to  adjudge  to  be  his  right  under  that  article  of  the  treaty, 
and  their  so  doing  was,  therefore,  a  violation  of  it. 

The  next  act  complained  of  as  being  contrary  to  this  article,  is 
one  of  New  York,  passed  on  the  12th  July,  1782,  which  was  some 
months  prior  to  the  date  of  the  provisional  articles ;  so  that  this 
complaint  must  be  ill  founded,  unless  this  act  (if  inconsistent  with 
the  treaty)  was  continued  and  so  executed,  after  the  peace,  as  to 
violate  the  treaty. 

It  is  by  no  means  accurately  stated,  as  will  appear  on  comparing 
the  account  given  of  it  in  the  list  of  grievances  with  the  act  itself, 
which  is  in  the  following  words : 

''An  act  relative  to  Debts  due  to  persons  within  the  enem,y's  lines^^ 
passed  12th  July,  1782. 

"Whereas,  many  of  the  inhabitants  of  this  State,  who  have  not 
remained  within  the  enemy's  power,  and  who  were  indebted  to  others 
who  did  so  remain,  are  now  threatened  with  suits,  and  have  it  not  in 
their  power  to  recover  from  those  who  are  indebted  to  them  and 
remained  within  the  power  of  the  enemy : 

"Be  it  therefore  enacted  by  the  people  of  the  State  of  New  YorJc, 
represented  in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
authority  of  the  same,  That  all  suits  and  prosecution  for  any  debt 
arising  on  simple  contract,  bills,  single  or  penal,  or  any  other  obliga- 
tion, mortgage,  security,  or  demand  whatsoever,  due  by  or  from  any 
person  not  within  the  enemy's  power  or  lines,  that  has  remained  with, 
gone  into,  or  has,  in  consequence  of  any  law  of  this  State,  been  sent 
within  the  enemy's  power  or  lines,  already  commenced,  or  whicM 


60-2  JOHN  ADAMS— JOHN  JAY. 

hereafter  may  be  commenced,  shall  be  stayed  until  the  Legislature 
shall  make  further  provision  in  the  premises,  any  law  to  the  contrary 
notwithstanding. 

"And  whereas,  it  is  also  just  and  reasonable  that  provision  should 
be  made  for  the  relief  of  such  citizens  of  this  State  who,  having 
received,  in  payment  of  debts  due  to  them,  paper  currency,  which 
at  the  time  of  such  payment  was  a  legal  tender,  and  which  they 
might,  of  right,  have  paid  in  discharge  of  any  debts  due  by  them, 
but  which  it  was  not  in  their  power  to  pay  to  such  of  their  creditors 
as  have  remained  with,  gone  into,  or  were  so  sent  within  the  enemy's 
lines ;  and  which  money  has,  since  the  receipt  thereof,  depreciated 
in  their  hands :  and  whereas,  it  is  impossible  to  apply  one  general 
rule  to  all  the  variety  of  cases  which  do  or  may  arise : 

"  Be  it  therefore  enacted  by  the  authority  aforesaid,  That  in 
every  suit  or  prosecution  which  shall  be  commenced  after  the  Legis- 
lature shall,  by  law,  have  declared  that  the  necessity  of  staying  such 
suits  or  prosecutions  as  aforesaid  does  no  longer  exist,  by  any  person 
who  may  have  remained  with  the  enemy,  gone  into  them,  sent  or  to 
be  sent,  as  aforesaid,  unto  them,  against  any  person  who  has  remained 
without  the  power  of  the  enemy,  it  shall  and  may  be  lawful  for  the 
court  in  which  such  suit  shall  be  commenced  or  prosecuted,  and  the 
court  is  hereby  required,  on  motion  of  the  defendant  or  his  attorney, 
to  appoint  three  or  five  referees,  at  the  option  of  the  court,  to  try  the 
matter  in  controversy,  and  the  defendant  shall,  and  hereby  is,  allowed 
to  plead  before  such  referees  any  special  matter;  and  if  it  shall 
appear  to  the  said  referees,  or  the  major  part  of  them,  that  the 
special  matter  alleged  and  proved  by  the  defendant  is  of  such  a 
nature  that,  in  ((juity  and  good  conscience,  abatement  ought  to  be 
mad<'  from,  any  sum  or  sums  due  by  such  defendant,  the  referees 
shall,  by  a  majority  of  voices,  determine  tlu;  (juantum  of  such  abate- 
nuMit;  and  iiaving  made  their  report  and  award,  in  writing,  shall 
return  the  same  into  court;  and  the  coint  shall  thereupon  give 
judgment,  and  order  execution  to  issue  in  favor  of  the  plaintiff,  for 
the  sum  so  awarded  to  be  due  to  the  plaintiff:  Provided,  That  such 
execution  shall  not  be  levied  until  the  expiration  of  three  years  next 
after  the  enemy  shall  be  expelled  from,  or  shall  have  abandoned,  the 
city  of  New  York. 

''And  he  it  further  enacted  by  the  authority  aforesaid,  That  it  shall 
and  may  be  lawful  for  every  defendant  to  pay,  in  discharge  of  any 
debt  so  found  due  aa  aforesaid,  to  such  plaintiff  as  aforesaid,  certifi- 


DIPLOMATIC  CORRESPONDENCE.  603 

cates  or  notes  signed  by  any  commissioner  of  loans  of  the  United 
States,  according  to  the  value  thereof,  as  settled  by  the  continental 
scale  of  depreciation,  or  certificates  for  money  due  on  loans  by  this 
State,  according  to  the  value  thereof,  ascertained  by  law. 

"And  be  it  further  enacted  by  the  authority  aforesaid,  That  it 
shall  and  may  be  lawful  for  any  person  now  without  the  power  of  the 
enemy,  being  a  debtor  to  any  person  now  within  the  power  of  the 
enemy,  at  any  time  after  the  enemy  shall  be  expelled  from  or  shall 
have  abandoned  the  city  of  New  York,  and  that  the  Legislature  shall 
have,  by  law,  declared  that  such  suits  as  aforesaid  shall  be  no  longer 
stayed,  to  cite  his  creditors  before  any  court  of  law  in  this  State,  to 
have  a  settlement,  and  make  payment  agreeably  to  the  mode 
prescribed  by  this  act ;  and  if  the  creditors  shall  refuse  to  appear 
and  come  to  trial  within  two  terms  next  after  such  citation,  he  shall 
be,  and  hereby  is,  declared  to  be  barred  and  precluded  from  recover- 
ing his  said  debt,  due,  or  demand,  or  any  part  thereof. 

"  Be  it  further  enacted  by  the  authority  aforesaid,  That  any 
subject  or  subjects  of  this  State,  not  in  the  power  or  lines  of  the 
enemy,  who  are  indebted  by  simple  contract,  bill  single  or  penal,  or 
any  other  obligation,  mortgage,  security,  or  demand  whatsoever,  to 
any  person  or  persons  that  have  either  remained  with,  gone  into,  or 
have,  in  consequence  of  any  law  of  this  State,  been  sent  within  the 
enemy's  power  or  lines,  for  such  subjects  of  this  State  not  in  the 
power  or  lines  of  the  enemy,  so  indebted,  shall  be,  and  hereby  are, 
discharged  from  any  interest  which  may  have  become  due  on  such 
contract,  bill,  obligation,  mortgage,  or  securities,  since  the  first  day 
of  Januar)',  1776,  to  the  first  day  of  January  which  shall  follow  next 
after  the  conclusion  of  the  present  war ;  any  law,  usage,  or  custom 
to  the  contrary  notwithstanding:  Provided,  That  nothing  in  this 
clause  contained  shall  be  deemed  to  operate  as  a  discharge  of  any 
interest  which  may  have  accrued  on  any  such  bill,  obligation,  mort- 
gage, or  other  security,  excited  since  the  first  day  of  Januarj^  1776: 
Provided,  nevertheless,  That  no  person  or  persons  shall  be  allowed 
the  benefit  of  this  act  unless  he,  she,  or  they,  shall  first  have  taken 
the  oath  of  abjuration  and  the  oath  of  allegiance  to  this  State,  and 
shall  obtain  a  certificate,  signed  by  two  reputable  and  well-afiected 
freeholders  of  this  State,  (one  thereof  shall  be  a  judge  of  the  inferior 
court  of  common  pleas  of  the  county  in  which  the  person  named  in 
such  certificate  shall  reside,)  certifying  that  he  or  she  is  well  attached 


604  JOHN  ADAMS- JOHN  JAY. 

to  the  freedom  and  independence  of  the  United  States  of  America, 
and  has  taken  an  active  and  decided  part  therein :  And  provided 
further,  That  this  act  shall  not  extend  to  any  debt  or  debts  contracted 
or  made,  or  hereafter  to  be  made,  for  the  use  of  the  State,  for  the 
payment  of  which  the  faith  thereof  is  pledged:  And  provided  also, 
further,  That  nothing  in  this  act  contained  shall  be  construed  to 
extend  to  any  person  that  heretofore  hath  been,  now  is,  or  hereafter 
shall  be,  a  prisoner  with  the  enemy." 

It  must  be  obvious  to  those  who  carefully  peruse  this  act,  that 
it  neither  mentions  nor  respects  British  creditors ;  and  your  Secre- 
tary is  well  informed  that  it  never  has  been  construed  to  extend  to 
them,  but,  on  the  contrary,  it  has  universally  been  considered  as 
incapable  of  such  a  construction.  The  complaint  urged  against  it, 
therefore,  is  entirely  without  reason. 

This  circumstance  shows  the  necessity  of  minutely  examining  the 
facts  and  complaints  contained  in  this  list  of  grievances. 

The  next  in  order  is  an  act  of  Pennsylvania,  said  to  have  been 
passed  soon  after  the  peace,  to  restrain  the  recovery  of  the  old  debts 
for  a  given  period.     The  one  intended  is,  doubtless,  the  following : 

"  An  act  for  extending  the  provision  made  in  the  seventh  section 
of  the  act  entitled  '  An  act  for  the  repeal  of  so  much  of  the  laws 

*  of  this  Commonwealth  as  make  the  Continental  bills  of  credit, 
'and  the  bills  emitted  by  the  resolves  or  acts  of  Assemblies  of  the 

*  said  Commonwealth,  a  legal  tender,'  and  for  the  other  purposes 
therein  mentioned. 

*'  Whereas,  the  provision  made  by  the  act  entitled  '  An  act  for 
'  the  repeal  of  so  much  of  the  laws  of  this  Commonwealth  as  make 
'the  Continental  bills  of  credit,  and  the  bills  emitted  by  the  resolves 
*  or  arts  of  Assemblies  of  the  said  Commonwealth,  a  legal  tender' 
in  behalf  of  those  persons  who,  from  principles  of  honor  and  honesty, 
decliiu'd  paying  their  debts  with  a  dejireriated  paper  currency,  when 
they  had  it  in  their  power  by  law  so  to  have  done,  will  cease  on  the 
21st  day  of  June  next. 

"  And  wher(;as  it  was  deemed  reasonable,  at  the  time  of  passing 
the  aforesaid  act,  that  such  honest  debtors  should  not  be  compelled 
to  pay  their  old  debts  till  gold  and  silver  money  should  become  more 
plenty  and  easier  to  bo  procured  ;  and  whereas,  from  divers  causes, 
it  hath   artualiy  become  more  scarce  and  difiicult  to  be  procured 


DIPLOMATIC  CORRESPONDENCE.  605 

than  at  the  time  of  passing  the  aforesaid  act,  and,  in  consequence 
thereof,  great  numbers  of  honest  debtors,  as  aforesaid,  will  be  ruined, 
unless  some  further  relief  be  provided  for  them : 

"Be  it  therefore  enacted,  and  it  is  hereby  enacted  by  the  repre- 
sentatives of  the  freemen  of  the  Commomvealth  of  Pennsyhania,  in 
General  Assembly  met,  and  by  the  authority  of  the  same,  That  no 
execution  shall  issue  for  the  principal  sum  due  by  any  contract,  or 
species  of  contract  whatever,  entered  into  before  the  first  day  of 
January,  1777,  (debts  due  to  the  State  only  excepted,)  until  one 
year  from  and  after  the  21st  day  of  June  next  ensuing,  and  from 
thence  until  the  end  of  the  next  sitting  of  Assembly,  anything  in  the 
said  act  to  the  contrary  notwithstanding. 

"  And  whereas  divers  debtors,  who  had  contracted  debts,  which, 
by  reason  of  losses  and  misfortunes  in  trade,  they  were  unable  at  the 
time  to  pay,  have,  before  the  said  first  day  of  January,  1777, 
assigned  and  made  over  their  real  estates,  or  such  parts  thereof  as 
their  creditors  were  willing  to  accept,  to  tmstees,  in  trust,  that  the 
same  should  be  sold  within  a  reasonable  time  to  pay  and  satisfy  such 
debts,  which  said  trusts  have  not  been  executed  ;  and  whereas  the 
scarcity  of  gold  and  silver  hath  caused  the  value  of  lands  and  tene- 
ments in  most  parts  of  this  State  to  fall  vastly  below  the  real  value 
of  the  same ;  and,  if  compulsory  sales  were  to  be  made  of  such  lands 
and  tenements,  it  is  probable  they  would  fall  short  of  paymg  the 
debts  which  they  were  at  first  supposed  a  sufficient  security  for,  to 
the  injury  and  oppression  of  both  debtor  and  creditor. 

"  Be  it  therefore  enacted  by  the  authority  aforesaid,  That  no  sales 
shall  be  made  by  any  such  trustees  of  any  lands  and  tenements  which 
were  so  as  aforesaid  assigned,  and  made  over  to  them  before  the  said 
21st  day  of  June,  1784,  and  from  thence  until  the  end  of  the  next 
sitting  of  Assembly,  without  the  consent  in  writing  of  the  debtor  or 
assignor,  or  his  legal  representative,  first  had  and  obtained. 

"  And  be  it  further  enacted  by  the  authority  aforesaid,  That  no 
act  or  statute  of  limitation  of  actions  shall  run,  or  be  deemed  or  taken 
to  have  run,  at  any  time  between  the  1st  day  of  January,  1776,  and 
the  end  of  one  year  from  and  after  the  21st  day  of  June  next,  upon 
all  debts  and  contracts  made  or  entered  into  before  the  1st  day  of 
January,  1776. 

"  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
whenever  it  shall  appear  that  any  debt  or  duty  was  contracted  or 


606  JOHN  ADAMS-JOHN  JAY. 

incurred  on  or  before  the  1st  day  of  Januar}',  1777,  and  any  bond, 
obligation,  or  other  security  hath  been  entered  into  for  the  payment 
thereof  since  the  1st  day  of  January,  the  plaintiff  who  hath  brought 
or  shall  bring  any  suit  or  suits  on  any  such  bond  or  obligation, 
executed  in  the  manner  aforesaid,  may  proceed  to  judgment  in  such 
action,  and  may  issue  his  execution  for  the  interest,  damages,  and 
costs  as  aforesaid ;  but  no  execution  shall  issue  for  the  principal  debt 
or  sum  until  one  year  from  and  after  the  21st  day  of  June  next  as 
aforesaid. 

"  And  be  it  also  further  enacted  by  the  authority  aforesaid,  That 
so  much  of  the  aforesaid  act  as  is  contrary  to  this  act  shall  be,  and 
the  same  is  hereby,  repealed  and  made  void. 

"  Signed  by  order  of  the  House. 

"FREDERICK  A.  MUHLENBERG, 

"  Spealcer. 

"  Enacted  a  law  at  Philadelphia,  on  Wednesday,  the  12th  day  of 
March,  in  the  year  of  our  Lord  17S3. 

"PETER  L.  LLOYD, 
"  ChrTc  of  the  General  Assembly.^' 

To  say,  in  general  terms,  that  this  act  was  passed  to  restrain  the 
recovery  of  the  old  debts  for  a  given  period,  was  conveying  rather 
harder  ideas  of  it  than  candor  would  justify  ;  for  from  this  description 
one  would  suppose  that  the  act  was  passed  to  prevent  actions  being 
brought  for  a  given  period  for  the  recovery  of  British  debts  in 
particular,  whereas  the  act  leaves  every  British  and  other  creditor 
at  liberty  to  commence  and  prosecute  actions  to  judgment,  and  only 
restrains  them  for  a  limited  time  from  issuing  executions  for  the 
principal  sum  due.  Your  Secretary  is,  nevertheless,  of  opinion  that 
any  hiw  to  restrain  for  any  given  time  British  creditors  from  issuing 
exr-fution  on  judgments  regularly  obtained,  is  an  infraction  of  the 
fourth  article  of  the  treaty,  and,  therefore,  that  this  act  of  Pennsyl- 
vania must  be  considered  in  that  light. 

To  this  act  the  list  of  grievances  imputes  consequences  with  which 
it  does  not  appear  to  be  chargeable.  "  This  law,"  it  says,  "operating 
'  with  the  fears  and  prejudices  of  some  of  the  inhabitants,  has  produced 
'  effects  of  the  most  mischievous  consequences  to  the  British  mer- 
'  chants ;  for  not  only  a  uniform  opposition  has  been  made  against 
•  the  payment  of  interest,  but  the  lawyers,  dreading  the  resentment 


DIPLOMATIC  CORRESPONDENCE.  607 

*of  some  of  the  most  violent  among  their  countrj'men,  have  refused 
'  to  engage  in  the  recovery  of  these  unpopular  demands,"  &ic. 

That  there  may  have  been  an  opposition  to  the  payment  of  interest 
prevailing  in  Pennsylvania,  may  be  true;  but  the  act  affords  no 
countenance  to  such  opposition,  nor  does  it  contain  any  thing  to 
discourage,  or  to  induce  the  people  to  discourage,  lawyers  from 
commencing  actions  for  the  recovery  of  debts  due  to  British  subjects. 
That  they  may  have  been  generally  disinclined  to  such  actions,  is 
possible ;  but  surely  they  must  reason  strangely,  who,  from  the 
personal  disinclination  or  refusal  of  lawyers  to  be  concerned  in 
certain  causes,  can  argue  legal  impediment  to  the  prosecution  of 
such  causes. 

The  act  in  question  was  followed  by  another,  which,  though  less 
exceptionable,  is  not  altogether  free  from  objections.  It  passed  the 
23d  of  December,  1784,  and  is  as  follows : 

'^An  act  for  directing  the  mode  of  recovering  Debts  contracted  before 
the  first  day  of  January,  in  the  year  of  our  Lord  1777. 

"  Whereas,  most  of  the  debts  contracted  by  the  citizens  of  this 
State  before  the  first  day  of  January,  in  the  year  of  our  Lord  1777, 
which  yet  remain  unpaid,  are  due  and  owing  from  persons  who,  from 
principles  of  honor  and  honesty,  declined  paying  their  debts  in  paper 
currency  of  less  value  than  the  money  in  which  they  were  contracted, 
when,  by  the  laws  of  the  State,  they  might  have  so  done ;  and  it 
would  be  unreasonable  that  such  debtors  should  be  compelled  or 
compellable  to  discharge  their  old  debts  in  gold  or  silver  money  until 
it  shall  become  more  plenty  and  easier  to  be  acquired ;  and  whereas 
divers  acts  have  been  heretofore  made  giving  time  to  such  debtors  to 
pay  such  debts,  which  acts  have  expired  by  their  own  limitation ; 
and  it  is  reasonable  to  provide  a  further  term  for  the  payment  of 
such  debts — 

*'jBe  it  therefore  enacted,  and  it  is  hereby  enacted,  by  the  Repre- 
sentatives of  the  freemen  of  the  Commonwealth  of  Pennsylvania,  in 
General  Assembly  met,  and  by  the  authority  of  the  same,  That  where 
any  judgment  hath  already  been,  or  hereafter  shall  be,  entered  in 
any  court  of  record  within  this  State,  against  any  citizen  or  inhabi- 
tant thereof,  either  by  default  or  upon  the  confession  of  the  party, 
the  report  of  referees,  the  verdict  of  a  jury,  or  otherwise,  for  any  sum 
of  money  contracted  for  or  due  upon  any  bond,  specialty,  bill,  note, 


60S  JOHN  ADAMS- JOHN  JAY. 

bill  of  exchange,  or  order,  assumpsit,  simple  contract,  or  otherwise, 
or  for  rents  or  annuities,  due  or  payable  before  the  said  first  day  of 
January,  in  the  year  1777,  such  court  is  hereby  authorized  and 
required  to  ascertain  the  sum  or  sums  so  due  in  each  respective  case, 
and  tliereupon  to  give  judgment  for  the  whole  sum  due,  as  well 
principal  as  legal  interest  to  the  time  of  such  judgment  being 
obtained,  with  stay  of  execution ;  nevertheless,  for  the  respective 
times  hereinafter  limited,  that  is  to  say,  as  to  one-third  part  of  the 
said  principal  and  interest,  and  one  year's  interest  thereon,  and  the 
whole  cost  and  charges  accrued  thereon  for  the  term  of  one  year 
from  and  after  the  passing  of  this  act ;  as  to  one  other  third  part 
thereof,  and  one  year's  interest  upon  two-third  parts  thereof,  with  the 
increasing  costs  and  charges  thereon,  for  the  term  of  two  years  from 
and  after  the  passing  of  this  act ;  and  as  to  the  remaining  one-third 
part  thereof,  with  one  year's  interest  thereof,  and  the  further  increased 
costs  and  charges  thereon,  for  the  term  of  three  years  from  and  after 
the  passing  of  this  act;  and  that  several  executions  for  the  said 
several  proportions  of  the  said  debt  or  damages  may  and  shall  be 
issued  at  the  request  of  the  plaintiff  or  plaintiffs,  his,  her,  or  their 
executors,  administrators,  or  assigns,  if  the  said  several  proportions  of 
the  same  be  not  paid  and  discharged,  with  interest  and  costs,  in  the 
manner  and  at  the  times  above  specified.  And  in  all  such  judgments 
hereafter  to  be  entered,  the  stay  of  execution  shall  be  regulated  in 
equal  third  parts  ;  that  is  to  say,  the  first  third  part  thereof  for  such 
tunc  as  siiall  be  equal  to  one-third  part  of  the  time  between  the 
entering  of  such  judgment  and  the  expiration  of  tliree  years  from  the 
passing  of  this  act ;  the  second  part  thereof  for  such  time  as  shall  be 
equal  to  two-third  parts  of  the  time  from  the  entering  such  judgment 
and  the  expiration  of  three  years  from  the  passing  of  this  act ;  and 
the  remaining  third  part  thereof  until  the  expiration  of  the  said  three 
years  from  the  passing  of  this  act ;  after  which  time  executions  may, 
and  shall,  at  the  request  of  the  plaintiff  or  plaintiffs,  his  or  their 
executors,  administrators,  or  assigns,  or  any  person  for  him  or  them, 
be  issued  against  the  defendant  or  defendants,  his,  her,  or  their 
executors,  administrators,  or  assigns,  without  any  writ  or  writs  of 
scire  facias  to  revive  such  judgments. 

•'  And  he  it  further  enacted  by  the  authority  aforesaid,  That  all 
procesH  and  proceedings  upon  any  writs  of  execution  now  issued,  and 
in  the  hands  of  any  sheriff  or  oUicr  officer  within  this  State,  founded 


DIPLOMATIC  CORRESPONDENCE.  609 

upon  judgments  obtained  for  any  such  debts  due  before  the  1st  day 
of  January,  in  the  year  of  our  Lord  1  111,  shall  be  stayed,  and  the 
sheritFs  and  other  officers  are  hereby  forbid  to  proceed  therein,  if  the 
defendant  or  defendants  in  such  writ  named,  or  some  person  for  him 
or  them,  shall  tender  and  pay  to  such  sheriff  or  other  officer  the 
amount  of  the  interest  of  such  debt,  and  the  costs  and  charges 
accrued  thereon  at  any  time  before  actual  sale  of  the  goods  and 
chattels,  lands  and  tenements,  taken  in  execution  ;  and  shall  give 
security  that  the  goods  and  chattels,  if  such  be  taken  in  execution 
upon  such  writs,  shall  be  forthcoming  in  equal  plight,  and  of  equal 
value  at  the  expiration  of  one  year  from  the  passing  of  this  act,  and 
satisfy  such  debts  or  damages  as  in  the  said  writs  are  specified. 

"  And  whereas  divers  persons  have  assigned  and  made  over  their 
estates,  or  some  parts  thereof,  to  trustees,  to  be  sold  for  the  satisfac- 
tion of  debts  contracted  before  the  said  1st  day  of  January,  1777, 
and  it  is  reasonable  to  allow  to  such  assigning  debtors  the  benefit  of 
the  terms  herein  before  allowed  to  other  debtors  for  discharging  their 
old  debts : 

'^  Be  it  therefore  enacted,  and  it  is  hereby  enacted  by  the  authority 
aforesaid.  That  no  assignee  or  assignees  in  trust  of  the  estate  of  any 
debtor  whose  debts  were  contracted,  and  the  assignment  to  secure 
the  same  was  made  before  the  said  1st  day  of  January,  1777,  shall 
have  power  to  sell  or  expose  to  sale  any  part  of  the  lands  or 
tenements  so  to  them  or  him  assigned,  for  the  purpose  of  raising 
money  to  pay  such  debts  within  the  term  of  three  years  from  the 
passing  of  this  act,  without  the  consent  of  such  assigning  debtor  to 
be  expressed  in  writing,  or  by  his  signing  as  a  witness  or  a  party  to 
the  deeds  of  conveyance  of  the  same. 

"  Provided  always,  nevertheless,  That  nothing  contained  in  this 
act  shall  be  taken  or  constmed  to  affect  the  recovery  of  any  debt  due 
to  this  State  or  to  the  United  States ;  and  that  if  any  defendant  or 
defendants,  or  any  assigning  debtor  or  debtors  as  aforesaid,  are  not, 
or  shall  not  be  seized  in  his  or  their  own  right  of  a  real  estate 
sufficient  to  satisfy,  beyond  reprisals,  all  his,  her,  or  their  debts,  and 
shall  be  about  to  depart  this  State  without  securing  the  same,  then, 
and  in  such  case,  it  shall  and  may  be  lawful  to,  and  for  all  and  every 
plaintiff  and  plaintiffs,  creditor  and  creditors,  assignee  or  assignees,  to 
sue  out  executions,  and  proceed  to  sale  of  all  their  goods  and  chattels. 
Vol.  II.— 39 


610  JOHN  ADAMS— JOHN  JAY. 

lands  and  tenements,  to  satisfy  such  debts,  in  the  same  manner  as  he 
or  they  could  have  done  the  same  if  this  act  had  never  been  passed, 
any  thing  herein  contained  to  the  contrary  notwithstanding. 

''And  provided  also,  and  be  it  further  enacted  by  the  authority 
aforesaid,  That  this  act,  nor  any  thing  therein  contained,  shall  not 
extend,  or  be  construed  to  extend  to  any  debt  or  debts  which  were 
due  before  the  4th  day  of  July,  1776,  by  any  of  the  citizens  of  this 
State  to  any  of  the  subjects  of  Great  Britain. 

"  Signed  by  order  of  the  House. 

'JOHN  BAYARD,  Speaker. 

"  Enacted  into  a  law  at  Philadelphia,  on  Thursday,  the  23d  day 
of  December,  in  the  year  of  our  Lord  1784. 

'SAMUEL  BRYAN, 
"  Clerk  of  the  General  Assembly." 

It  is  to  be  observed  that  this  act  applies  generally  to  all  debts 
contracted  prior  to  the  1st  January,  1777,  and  that  the  proviso  in 
fav^or  of  British  creditors  only  prevents  its  extending  to  such  debts  to 
British  subjects  as  were  due  before  the  4th  day  of  July,  1776;  so 
lliat  the  law  is  left  to  operate  on  all  debts  to  British  subjects  which 
became  due  between  4th  July,  1776,  and  1st  January,  1777.  This 
discrimination  in  tiiose  debts  appears  to  your  Secretary  to  be  incon- 
sistent with  the  treaty ;  and  the  more  so  as  debts  which  became  due 
in  the  course  of  that  interval  might  have  been,  and  many  of  them 
doubtless  were,  contracted  at  a  much  more  early  date,  and  before 
actual  war  had  taken  place  between  the  two  countries. 

Liasmuch,  therefore,  as  this  act  creates  lawful  impediments  to  the 
recovery  of  those  debts  to  British  subjects  which  bucame  due  or 
payable  after  the  4th  July,  1776,  your  Secretary  thinks  it  docs,  in 
that  respect,  contravene  the  4th  article  of  the  treaty. 

Maryland  is  mentioned  in  the  list  of  grievances  as  having  violated 
the  treaty  by  acts  relative  to  debts  due  to  British  subjects  ;  but  no 
specific  complaint  or  charge  is  urged  against  her,  nor  is  any  one  of 
licr  acts  namiid  as  liable  to  that  imputation  or  construction. 

Against  Virginia  the  list  of  grif^vances  contains  pointed  complaints. 
It  slates  that  many  British  merchants  had  sent  agents  and  factors  to 
Maryland  and  Virginia  to  collect  their  debts,  &tc.,  &tc. ;  and  that 
the  Governor  of  Virginia,  on  the  '3d  July,  1783,  issued   (what  the 


DIPLOMATIC  CORRESPONDENCE.  QH 

complainants  call)  an  edict,  but  in  fact  a  proclamation,  ordering,  as 
they  say,  "  all  the  British  agents  and  factors  who  had  arrived  in  that 
State  forthwith  to  depart  the  same." 

This  is  not  a  candid  representation  of  that  proclamation.  It  is  as 
follows : 

"  By  his  Excellency  Benjamin  Harrison,  Esquire,  Governor  of  the 
Commonwealth  of  Virginia, 

"A  PROCLAMATION. 

"  Whereas,  by  reason  of  the  late  suspension  of  hostilities  between 
the  United  States  and  his  Britannic  Majesty,  and  an  abuse  of  those 
indulgences  granted  to  British  commerce  at  the  last  session  of  the 
General  Assembly,  many  evil  disposed  persons,  still  obnoxious  to 
the  laws  of  this  Commonwealth,  have  found  means  to  introduce 
themselves  into  the  same :  And  whereas,  it  is  probable  many  others 
will  follow  their  example,  to  the  disturbance  of  the  peace  and 
harmony  of  the  State,  unless  speedily  prevented  by  a  vigorous 
execution  of  the  law :  I  have  therefore  thought,  with  the  advice  of 
the  Council  of  State,  to  issue  this  my  proclamation,  hereby  com- 
manding all  such  persons  as  have  either  voluntarily  left  this  country 
and  adhered  to  the  enemy  since  the  19th  April,  1775,  or  have  been 
expelled,  the  same  by  any  act  of  the  Legislature  or  order  of  the 
Executive,  or  such  natives  who  have  at  any  time  borne  arms  in  the 
service  of  the  enemy  against  this  Commonwealth,  and  have  since 
returned  without  being  authorized  by  law  so  to  do,  forthwith  to 
depart  the  State.  And  I  do  further  hereby  strictly  inhibit  the  return, 
as  well  of  those  as  all  others  coming  within  the  like  description,  until 
the  determination  of  the  Legislature  on  this  subject  can  be  known. 
And  to  the  end  that  this  proclamation  may  have  its  full  effect,  I 
hereby  enjoin  and  command  all  officers,  civil  and  military,  within 
this  Commonwealth,  and  all  others  concerned,  to  pay  due  obedience 
thereto. 

"  Given  under  my  hand  and  seal  of  the  Commonwealth,  in  the 
Council  Chamber,  the  2d  day  of  July,  1783. 

"BENJAMIN  HARRISON." 

They  who  read  this  proclamation  cannot  easily  avoid  observing 
that  it  has  no  relation  to  British  agents  and  factors,  considered  as 
such;  but  only  to  persons  of  certain  descriptions,  whose  residence 


612  JOHN  ADAMS- JOHN  JAY. 

in  Virginia  was  inadmissible  by  the  laws  then  existing,  and  who, 
while  so  circumstanced,  ought  not  to  have  gone,  or  been  sent  there, 
either  as  factors  or  in  any  other  character. 

It  is  also  certain  that  this  proclamation  was  issued  on  the  2d  July, 
1783,  and  that  the  treaty  of  peace  was  not  ratified  by  either  of  the 
parties  until  the  following  year. 

It  is  very  extraordinary,  therefore,  that,  considering  its  contents 
and  date,  this  proclamation  should  be  viewed  by  any  candid  eye  as 
an  infraction  of  the  4th  or  any  other  article  of  the  treaty ;  especially, 
too,  as  the  complainants  knew,  and  do  admit,  that  in  November, 
1783,  and  before  the  treaty  was  ratified,  "  the  legislative  body  of 
Virginia  removed  the  restriction." 

They  further  complain  that,  although  the  said  agents  and  factors 
have  since  remained  unmolested,  yet,  that  "  no  permission  whatever 
'has  been  given,  either  to  merchants  acting  for  themselves,  or  to 
'agents  or  factors  acting  for  employers  in  Britain,  to  recover  any 
'  part  of  the  debts  or  property  left  in  the  country  in  the  year  1775," 
but  they  do  not  particularize  the  acts  of  Virginia,  which  impose  the 
restrictions  they  complain  of. 

Your  Secretary  nevertheless  believes  that  fact  to  be  as  they  repre- 
sent it,  for  he  finds  it  standing  admitted  by  the  Assembly  of  Virginia 
in  resolutions  they  passed  on  the  22d  June,  1784,  viz : 

"  Virginia,  to  wit : 

"  In  General  Assembly,  the  22d  June,  1784. 

"  It  appearing  to  the  General  Assembly,  from  a  letter  from  his 
Excellency  General  Washington,  dated  the  7th  day  of  May,  1783, 
that,  in  obedience  to  a  resolution  of  Congress,  he  had  a  conference 
with  General  Carleton  on  the  subject  of  delivering  up  the  slaves  and 
other  proj)erty  belonging  to  the  citizens  of  the  United  States,  in  com- 
pliance with  tht;  articles  of  the  provisional  treaty,  that  he  (General 
Carleton)  a|)p(;ared  to  evadt;  a  compliance  w  ilii  the  said  treaty  by  a 
misconstruction  of  the  same,  and  j)ennilted  a  large  number  of  tiie 
said  slaves  to  be  sent  olf  to  Nova  Scotiii.  Jt  further  appearing  to 
the  General  Assembly,  from  the  testimony  of  Thomas  VValke,  Esq., 
that  he,  together  with  several  other  persons  from  tiie  counties  of 
Norf(;lk  and  Princess  Anne,  in  or  about  the  month  of  April,  1783, 
went  to  New  York  with  a  view  of  recovering  the  slaves  which  had 
been  taken   from   them   by  the  IJrilish   troops  during  the  war;  that 


DIPLOMATIC  CORRESPONDENCE.  613 

not  being  permitted  to  take  possession  of  those  slaves  which  they 
found  in  that  city,  the  said  Walke  made  a  personal  application  to 
General  Carleton,  and  requested  a  delivery  of  the  said  slaves,  in 
compliance  with  the  7th  article  of  the  treaty,  which  prohibits  the 
carrying  off  negroes  or  other  property  belonging  to  the  inhabitants 
of  the  United  States.  This  he  peremptorily  refused,  alleging  that 
he  was  not  authorized  to  do  it  without  particular  instructions  from 
the  British  Government.  That  at  the  time  of  this  application  the 
said  Walke  was  informed  by  an  aid-de-camp  of  General  Carleton 
that  an  agent  was  appointed  to  superintend  the  embarkation  and 
keep  a  register  of  slaves  sent  to  Nova  Scotia,  and  that  he  afterwards 
saw  the  said  register,  and  also  saw  a  large  number  of  negroes 
embarked  to  be  sent  to  that  country. 

"  It  further  appearing  to  the  General  Assembly,  from  the  testimony 
of  Mr.  John  Stewart,  of  the  State  of  Maryland,  as  well  as  from  a 
variety  of  other  circumstances,  that  many  applications  were  made 
to  General  Carleton,  by  citizens  of  America,  for  the  restitution  of 
property,  which  were  invariably  rejected — 

"  Resolved,  That  there  has  been  an  infraction,  on  the  part  of 
Great  Britain,  of  the  seventh  article  of  the  treaty  of  peace  between 
the  United  States  of  America  and  Great  Britain,  in  detaining  the 
slaves  and  other  property  of  the  citizens  of  the  United  States. 

"  Resolved,  That  the  delegates  representing  this  State  in  Congress 
be  instructed  to  lay  before  that  body  the  subject-matter  of  the  pre- 
ceding information  and  resolution,  and  to  request  from  them  a 
remonstrance  to  the  British  Court,  complaining  of  the  aforesaid 
infraction  of  the  treaty  of  peace,  and  desiring  a  proper  reparation 
of  the  injuries  consequent  thereupon  ;  that  the  said  delegates  be 
instructed  to  inform  Congress  that  the  General  Assembly  has  no 
inclination  to  interfere  with  the  power  of  making  treaties  with  foreign 
nations,  which  the  Confederation  hath  wisely  vested  in  Congress ; 
but  it  is  conceived  that  a  just  regard  to  the  national  honor  and 
interest  of  the  citizens  of  this  Commonwealth  obliges  the  Assembly 
to  withhold  their  cooperation  in  the  complete  fulfilment  of  the  said 
treaty,  until  the  success  of  the  aforesaid  remonstrance  is  known,  or 
Congress  shall  signify  their  sentiments  touching  the  premises. 

"  Resolved,  That  so  soon  as  reparation  is  made  for  the  aforesaid 
infraction,  or  Congress  shall  judge  it  indispensably  necessary,  such 
acts  of  the  Legislature  passed  during  the  late  war,  as  inhibit  the 


614  JOHN  ADAMS— JOHN  JAY. 

recover)'  of  British  debts,  ought  to  be  repealed,  and  payment  thereof 
made  in  such  time  and  manner  as  shall  consist  ^vith  the  exhausted 
situation  of  this  Commonwealth. 

'•  Extract  from  the  Journal  of  Assembly. 

"JOHN  BECKLEY,  Clk.  H.  D." 

Inasmuch,  therefore,  as  the  laws  of  Virginia,  existing  in  force  after 
the  peace,  did  inhibit  the  recovery  of  British  debts,  there  can  be  no 
doubt  but  that  such  inhibition  was,  and  is,  an  infraction  of  the  fourth 
article  of  the  treaty.  Whether  that  infraction  was  justifiable,  or,  in 
other  words,  whether  the  reasons  assigned  for  it  in  the  preamble  to 
those  resolutions  were  good  and  sufficient,  shall  be  considered  under 
a  distinct  head. 

As  to  the  bill  said  to  have  passed  the  Legislature  of  Virginia  in 
October,  1734,  the  complainants  admit  that  it  never  became  a  law, 
and  therefore  it  is,  and  ought  to  be,  entirely  out  of  the  question. 

North  Carolina  is  classed  with  Virginia  in  such  a  manner  as  to 
infuse  an  idea  of  her  having  given  occasion  to  similar  complaints ; 
but  not  a  single  charge  being  specified  or  stated  against  her,  there  is 
reason  to  presume  that  she  had  not  given  just  cause  for  complaint. 

Whether  that  is  or  is  not  in  fact  the  case,  your  Secretary  is 
uninformed ;  not  having,  as  yet,  been  able  to  procure  a  copy  of  the 
acts  of  North  Carolina. 

Of  South  Carolina,  the  list  of  grievances  complains  in  strong  and 
pointed  ti^rms.  It  takes  particular  notice  of  an  ordinance  passed 
there  the  26th  March,  1784,  viz  : 

"  An  Ordinance  respecting  Suits  for  the  Recovery  of  Debts. 

"  Be  it  ordained  by  the  honorable  the  Senate  and  House  of 
Representatives,  met  in  General  Assembly,  and  by  the  authority  of 
the  same,  That  no  suit  or  action  shall  commence,  either  in  equity  or 
at  law,  for  the  recover)-  of  any  dei)t  or  bond,  note  or  account, 
contractcid  by  a  citi/en  of  this  or  any  of  the  United  States,  previous 
to  the  2Gtii  day  of  February,  in  the  year  of  our  Lord  1782,  until 
the  first  day  of  January  next,  after  wiiich  time  it  shall  and  may  be 
lawful  to  and  for  any  person,  and  all  j)ersons,  to  sue  for  and  recover 
all  interest  which  shall  have  accrued  since  the  1st  day  of  January, 
1780,  on  all  bonds,  notes,  or  otluT  contracts  bearing  iiUerest : 
Provided,    nevertheless.    That    nothing    herein    contained    shall    be 


DIPLOMATIC  CORRESPONDENCE.  615 

construed  to  extend  to  prevent  any  creditor  from  suing  for  and 
recovering  all  interest  accruing  upon  bond  or  notes  since  the  26th 
day  of  February,  1782. 

''And  be  it  further  ordained,  by  the  authority  aforesaid,  That 
it  shall  and  may  be  lawful  for  any  person,  and  all  persons,  to  whom 
any  debt  shall  be  due  as  aforesaid,  to  sue  for,  and  recover,  after  the 
1st  day  of  January,  which  will  be  in  the  year  of  our  Lord  1786,  all 
such  other  interest  as  may  be  then  due  on  such  debt,  and  the  fourth 
part  of  the  principal  debt  which  shall  be  owing  to  him,  her,  or  them ; 
and  from  and  after  the  1st  day  of  January,  which  will  be  in  the  year 
of  our  Lord  1787,  one  other  fourth  part  of  the  principal  debt,  with 
the  interest  which  shall  have  accrued  thereon ;  and  from  and  after 
the  1st  day  of  January,  which  will  be  in  the  year  of  our  Lord  1788, 
one  other  fourth  part  of  the  principal  debt,  with  the  interest  which 
shall  have  accrued  thereon ;  and  from  and  after  the  1st  day  of 
January,  which  will  be  in  the  year  of  our  Lord  1789,  the  balance 
which  may  be  then  due  and  owing :  Provided,  nevertheless,  That  if 
any  person  who  shall  be  indebted  as  aforesaid  shall,  after  a  notice 
of  ten  days,  refuse  to  give  security  to  his  creditor  (which  notice  shall 
be  proved  by  such  creditor  on  oath,  before  any  justice  of  the  peace,) 
for  the  payment  of  such  sum  or  sums  of  money  as  may  be  due  and 
owing  to  him,  to  be  approved  of  by  one  of  the  judges  of  the  court 
of  common  pleas,  if  in  Charleston  district,  and  by  a  commissioner 
for  taking  special  bail,  if  in  any  of  the  circuit  court  districts ;  that  in 
such  case  it  shall  and  may  be  lawful  for  the  creditor  to  sue  for  the 
said  debt,  and  to  proceed  to  execution ;  which  execution  may  be 
levied,  and  the  property  so  seized  be  sold,  if  the  debtor  shall  refuse 
to  give  the  security  hereby  required,  and  pay  the  costs  of  suit. 

'•And  be  it  further  ordained,  by  the  authority  aforesaid.  That 
all  moneys  which  shall  be  due  on  such  open  accounts  as  are 
restrained  by  this  ordinance  from  being  sued,  shall  bear  an  interest 
of  seven  percent,  per  annum,  from  the  passing  of  this  ordinance. 

"  And  be  it  further  ordained,  by  the  authority  aforesaid,  That 
all  bonds  or  other  securities  which  have  been  given  since  the  26th 
day  of  February,  in  the  year  of  our  Lord  1782,  for  debts  contracted 
previous  to  that  day,  except  bonds  or  notes  which  have  been  taken 
for  interest  due  since  that  time,  shall  be,  and  the  same  are  hereby 
declared  to  be,  no  otherwise  recoverable  than  other  debts  for  which 
securities  have  not  been  given. 


616  JOHN  ADAMS— JOHN  JAY. 

^^  And  he  it  further  ordained,  by  the  authority  aforesaid,  That 
no  seizure  shall  be  made  of  any  property  which  may  have  been 
mortgaged  previous  to  the  26th  day  of  Februar}',  in  the  year  of  our 
Lord  1782,  provided  the  person  whose  property  has  been  mortgaged 
shall  pay  the  principal  and  interest  of  the  debt  for  which  the  said 
property  has  been  mortgaged,  at  such  periods  as  are  Vccjuired  by  this 
ordinance ;  and,  on  failure  thereof,  the  said  mortgaged  property  may 
be  taken  and  held  by  the  person  to  whom  the  same  has  been  so 
mortgaged,  until  the  payment  shall  be  made  as  aforesaid. 

"  In  the  Senate  House,  the  26th  day  of  March,  in  the  year  of  our 
Lord  1784,  and  in  the  eighth  year  of  the  independence  of  the 
United  States  of  America. 

"JOHN  LLOYD, 

"President  of  the  Senate. 
"HUGH  RUTLEDGE, 
"  Speaker  of  House  Representatives." 

The  most  cursory  comparison  of  this  ordinance  with  the  fourth 
article  of  the  treaty  will  point  out  the  direct  opposition  that  exists 
between  them. 

The  list  of  grievances  also  states,  with  much  particularity,  an  act 
of  South  Carolina,  which,  it  says,  was  passed  12th  October,  1785, 
and  entitled  "  An  act  for  rejiulatins  sales  under  execution,  and  for 
other  purposes  therein  mentioned,"  whereby  a  debtor,  during  any 
period  of  a  suit  that  has  been  or  may  be  commenced,  is  allowed  to 
tender  land  in  payment  of  his  debt,  &,c. 

Your  Secretary  has  not  been  able  to  procure  a  copy  of  this  act. 

If  the  account  given  of  it  in  the  list  of  grievances  be  accurate,  it 
certainly  is  a  singular  act,  and  a  plain  violation  of  the  fourth  article, 
which  expressly  stipulates  for  the  recovery  of  the  full  value  in 
sterling  money,  of  all  bona  fide  debts,  he.  In  the  same  light  must 
be  viewed  the  pleas  (if  adjudged  good  ones)  of  former  tenders  in 
depreciated  paper,  in  bar  of  the  demands  of  Hritish  creditors. 

The  list  of  grievances,  in  a  summary  manner,  charges  Georgia 
with  having  passed  laws  and  regulations  similar  to  those  in  South 
Carolina,  and  with  degrees  of  peculiar  and  manifest  aggravation. 

Hut  as  none  of  these  laws  or  regulations  are  specified,  and  as  your 
Secretary  has  not  the  acts  of  Georgia,  he  cannot  decide  how  far 
these  complaints  against  her  are  well  founded  or  otherwise. 


DIPLOMATIC  CORRESPONDENCE.  617 

It  is  much  to  be  wished  that  the  Executive  of  each  of  the  States 
could  be  prevailed  upon  at  the  conclusion  of  every  session  to  transmit 
to  Congress  copies  of  all  the  acts  passed  by  the  Legislature  during 
the  course  of  it,  or  that  Congress  would  be  pleased  to  direct  that 
such  copies  be  regularly  purchased  and  sent  to  them  at  the  public 
expense. 

There  are  other  matters  mentioned  in  the  list  of  grievances  relative 
to  the  performance  of  the  fourth  article,  which  merit  some  considera- 
tion.    They  may  be  comprised  under  two  heads : 

1.  Popular  and  improper  opposition  to  the  recovery  of  debts. 

2.  The  payments  in  paper  made  into  State  treasuries,  on  account 
of  debts  due  to  British  creditors,  pursuant  to  certain  acts  of  some  of 
the  States  requiring  or  authorizing  the  same. 

With  respect  to  the  first  of  these,  your  Secretary  thinks  the 
following  observations  are  applicable  to  such  cases  when  and  wherever 
arising : 

Although  popular  reluctance  and  opposition  to  pay  debts  may, 
and  probably  does,  in  some  instances,  retard  and  embarrass  the 
recovery  of  them,  yet,  while  the  course  of  justice  continues  steadily 
to  bear  down  that  opposition,  and  to  execute  the  laws  with  punc- 
tuality and  decision,  such  vanquished  opposition  rather  does  honor 
than  discredit  to  the  Government ;  and,  therefore,  however  incon- 
venient and  temporary  commotions  or  improper  combinations  may 
have  been,  yet  the  vigorous  and  effectual  interposition  of  Government 
must  forever  acquit  it  of  blame.  But  if,  from  the  imbecility  and 
relaxation,  or  from  the  connivance  of  Government,  it  should  so 
happen  that  the  ordinary  course  of  justice  becomes  and  continues  so 
obstructed  as  that  foreigners,  claiming  the  benefit  of  treaties  with  the 
United  States,  cannot  avail  themselves  of  rights  secured  to  them  by 
such  treaties,  then,  in  his  opinion,  the  delinquent  State  cannot  be 
without  blame.  For,  as  every  Government  is  and  must  be  presumed 
to  have  sufficient  power  and  energy  to  exact  from  its  own  citizens  a 
compliance  with  their  own  compacts  and  stipulations,  a  failure  or 
omission  to  do  it  will  naturally  be  imputed  to  the  want  of  inclination, 
and  not  to  the  want  of  means. 

Whenever  such  cases  happen,  they  must  excite  the  notice  of 
Congress,  to  whom  it  appertains  to  see  that  national  treaties  be 
faithfully  observed  throughout  tlie  whole  extent  of  their  jurisdiction. 

Your  Secretary  does  not  think  himself  warranted  by  any  facts 


618  JOHN  ADAMS-JOHN  JAY. 

which  have  hitherto  come  to  his  knowledge,  to  apply  these  principles 
against  any  of  the  States.  For,  although  the  list  of  grievances 
complains  "  that  so  great  and  general  are  the  obstructions  to  the 
'recovery  of  debts,  that  in  several  districts  remote  from  Charleston 
'  the  courts  have  been  prevented  by  tumultuous  and  riotous  proceed- 
'ings  from  determining  actions  of  debt,"  yet,  it  neither  informs  us 
whether  this  was  a  singular  or  common  case,  nor  whether  the  Gov^ern- 
ment  did  or  did  not  interpose  and  reestablish  good  order.  The 
presumption  is,  that  the  Government  did  what  they  ought  to  have 
done  ;  and  he  thinks  such  must  continue  to  be  the  presumption  until 
well  authenticated  facts  shall  declare  it  to  be  ill-founded. 

Your  Secretary  does  not  experience  much  difficulty  in  forming  a 
judgment  of  what  is  right  relative  to  the  payments  made  into  some 
of  the  State  treasuries  by  debtors  to  British  creditors,  in  pursuance  of 
certain  State  acts  requiring  or  authorizing  the  same. 

From  the  principles  stated  in  the  preceding  part  of  this  report, 
your  Secretary  infers  that  the  treaty  of  peace  does  not  consider  the 
debts  mentioned  in  the  fourth  article  as  being  exactly  in  their  original 
state  of  obligation  and  extent,  leaving  the  contracts  on  which  they 
depend  to  be  executed  according  to  the  tenor,  true  intent,  and  mean- 
ing of  them.  If  so,  British  creditors  have  no  sort  of  concern  with 
any  payments  (made  on  account  of  the  debts  due  to  them)  other 
than  such  as  they  either  accepted,  directed,  or  approved  ;  for,  in 
relation  to  the  creditor,  all  such  payments  are  as  if  they  had  never 
been  made,  and  he  is  justifiable  in  proceeding  against  his  debtor 
accordingly.  But  between  the  debtor  so  paying  into  a  State 
treasury,  and  the  State  directing,  inviting,  or  authorizing  him  to  do 
it,  an  account  should  be  opened  ;  and  the  State  is,  in  your  Secretary's 
0])inion,  bound  in  justice  to  n-pay  him  the  then  real  value  of  such 
money  as  he  so  put  into  the  treasury,  together  with  lawful  interest  for 
the  use  of  it. 

But  violations  of  the  fourth  article  are  not  the  only  ones  alleged  in 
tlie  list  of  grievances.  It  expressly  charges  that  as  Uttle  respect  has, 
in  certain  instances,  been  paid  to  tlie  fifth  and  sixth  articles.  Of  these 
in  their  order. 

Tile  fifth  article  is  in  these  words  :  "  It  is  agreed  that  Congress 
'  shall  earnestly  recommend  it  to  the  Legislatures  of  the  respective 

•  States  to  provide  for  the  restitution  of  all  estates,  rights,  and  proper- 

*  ties  which  have  been  confiscated,  belonging  to  real  British  subjects; 


DIPLOMATIC  CORRESPONDENCE.  619 

'and  also  of  the  estates,  rights,  and  properties  of  persons  resident 
'  in  districts  in  possession  of  his  INIajesty's  arms,  and  who  have  not 
'  borne  arms  against  the  said  United  States  ;  and  that  persons  of  any 

*  other  description  shall  have  free  liberty  to  go  to  any  part  or  parts  of 
'  the  thirteen  United  States,  and  therein  to  remain  twelve  months 
'  unmolested,  in  their  endeavors  to  obtain  the  restitution  of  such  of 
'  their  estates,  rights,  and  properties,  as  may  have  been  confiscated  ; 
'  and  that  Congress  shall  also  earnestly  recommend  to  the  several 
<  States  a  reconsideration  and  revision  of  all  acts  or  laws  respecting 

*  the  premises,  so  as  to  render  the  said  acts  or  laws  perfectly 
'  consistent,  not  only  with  justice  and  equity,  but  whh  that  spirit  of 
'  conciliation  which,  on  the  return  of  the  blessings  of  peace,  should 
'  universally  prevail ;  and  that  Congress  shall  also  earnestly  recom- 

*  mend  to  the  several  States  that  the  estates,  rights,  and  properties,  of 
«  such  last-mentioned  persons  shall  be  restored  to  them,  they  refunding 

*  to  any  persons  who  may  now  be  in  possession  the  bo7ia  fide  price 
'  (where  any  has  been  given)  which  such  persons  may  have  paid  on 
'  purchasing  any  of  the  said  lands,  rights,  or  properties,  since  the 
'  confiscation. 

"  And  it  is  agreed  that  all  persons  who  may  have  any  interest  in 
'  confiscated  lands,  either  by  debts,  mamage  settlements,  or  other- 

*  wise,  shall  meet  with  no  lawful  impediment  in   the  prosecution  of 

*  their  just  rights." 

The  complainants  insist  that  South  Carolina  has  violated  this 
article,  and  in  the  following  instances,  viz  : 

1.  That  certain  persons  were  permitted  to  go  there  to  obtain  the 
restitution  of  their  rights  and  properties,  and  that  the  purposes  for 
which  they  went  were  frustrated  by  a  suspension  of  the  courts  of 
justice.  That  they  were  compelled  to  depart  by  a  public  notification 
from  the  Governor,  after  having  been  at  considerable  expense  of  time 
and  money  in  a  delusive  pursuit.  That,  during  their  stay,  they 
experienced  great  personal  insult  and  abuse. 

Who  these  persons  were  may  be  conjectured  from  the  purposes 
for  which  they  went  to  South  Carolina.  They  went  to  obtain  the 
restitution  of  their  rights  and  properties,  and  were  probably  of  the 
number  of  those  who  were  objects  of  a  certain  act  passed  there  the 
26th  February,  1782,  entitled  "  An  act  for  disposing  of  certain 
estates  and  banishing  certain  persons  therein  mentioned." 

It  should  be  remembered  that  this  act  was  passed  during  the 
war. 


620  JOHN  ADAMS-JOHN  JAY. 

An  examination  of  it,  and  of  some  subsequent  acts,  will  tend  to 
show  how  far  the  complaint  of  these  persons  is  well  founded. 

This  act  divides  the  persons  intended  to  be  affected  by  it  into  eight 
classes. 

The  first  class  was  composed  of  persons  who  were  known  to  be 
subjects  of  his  Britannic  Majesty.  Their  names  are  mentioned 
in  a  schedule  annexed  to  the  act,  which  is  distinguished  by  list 
No.  1. 

No  personal  offences  are  imputed  to  them,  and  national  reasons 
are  assigned  for  divesting  them  of  their  property,  real  and  personal, 
"  debts  excepted,"  for  the  use  of  the  State. 

The  second  class  was  composed  of  persons  who,  owing  allegiance 
to  the  State,  refused  to  take  an  oath  professing  the  same. 

The  third  class  consisted  of  persons  who,  owing  allegiance  to  the 
State,  had,  in  1779,  taken  up  arms  with  the  enemy,  and  having,  by 
proclamation,  been  required  by  name  to  surrender  themselves  by  a 
given  time,  did  not  obey. 

The  act  divests  them  of  their  estates,  with  exception,  however,  of 
such  as  had  returned  and  borne  amis  in  defence  of  the  State  before 
the  27th  September,  1781. 

The  fourth  class  (named  in  list  No.  2)  had  withdrawn  themselves 
from  their  allegiance ,  and  congratulated  the  enemy's  leaders  on  the 
reduction  of  Charleston. 

The  fifth  class  (named  in  list  No.  3)  had  withdrawn  from  their 
allegiance,  and  requested  to  be  embodied  and  to  be  permitted  to  serve 
as  royal  militia. 

The  sixth  class  (named  in  list  No.  4)  had,  in  violation  of  their 
duty  to  the  State,  and  with  circumstances  aggravating  the  impro- 
priety of  such  conduct,  congratulated  Earl  ComwaUis  on  iiis 
success,  and  gloried  in  the  blood  of  their  countrymen  shed  by  the 
enemy. 

The  seventh  class  (named  in  list  No.  5)  held,  or  had  held,  com- 
missions in  the  enemy's  service,  in  defiance  of  an  act  of  the  State 
declaring  such  offences  to  be  capital. 

The  eighth  class  (named  in  list  No.  6)  had  manifested  their 
attachment  to  the  British  Government,  and  their  inveteracy  to  the 
Slate. 

The  art  divested  the  seven  last  classes  of  their  estates,  and 
banished  all  those  whose  names  arc  mentioned  in  lists  Nos.  2,  3,  4, 
and  5. 


DIPLOMATIC  CORRESPONDENCE.  621 

From  tills  act,  compared  with  the  case  of  the  complainants,  as 
stated  by  themselves,  it  may  fairly  be  inferred  that  they  are  not 
British  subjects,  for  none  of  that  character  are  banished  by  the  act. 

During  the  course  of  the  same  session,  viz,  1782,  an  act  was 
passed  entitled  "An  act  for  pardoning  the  persons  therein  described, 
on  the  conditions  therein  mentioned."  The  preamble  is  in  these 
words :  "  Whereas,  many  persons,  inhabitants  of,  and  owing  allegiance 
'to  this  State,  some  of  them  having  signed  congratulatory  addresses 
'to  Sir  Henry  Clinton  and  Mariot  Arbuthnot,  Esquire,  and  to  the 
'Earl  Cornwallis,  on  the  successes  of  his  Britannic  INIajesty's  arms 
'in  this  country,  and  others  having  borne  commissions  under  the 
'British  Government,  are  excepted,  by  the  Governor's  proclamation, 
'  bearing  date  on  or  about  the  27th  September  last,  from  pardon  for 
'those  offences:  And  whereas,  some  of  the  said  persons  have 
'surrendered  to  the  justice  and  submitted  themselves  to  the  mercy 
'of  their  country:  And  whereas,  many  persons  who  would  have 
'been  entitled  to  the  benefit  of  the  said  proclamation,  had  they 
'  returned  to  their  allegiance  before  the  expiration  of  the  time  limited 
'for  the  same,  did  neglect  to  surrender  themselves,  but  have,  since 
'the  17th  day  of  December,  withdrawn  from  the  enemy,  and  borne 
'arms  in  defence  of  this  State;  and  the  Legislature,  moved  with 
'compassion,  are  willing  to  grant  them  pardon  on  conditions  which 
'may  in  some  degree  atone  for  those  offences." 

The  act  then  proceeds  to  charge  them  with  the  payment  (within 
six  months)  of  ten  per  cent,  on  the  amount  of  their  estates,  and 
thereupon  to  grant  a  full  pardon  to  them  all,  excepting  only  such  as 
were  or  might  be  accused  of  counterfeiting  money,  plundering, 
robbery,  house-burning,  house-breaking,  or  murder.  It  also  pardons 
all  such  as  had  borne  arms  with  the  enemy,  and  had  come  out  since 
the  17th  day  of  December,  and  who  had  no  estates;  it,  however, 
bound  them  over  to  the  next  session,  and  required  that  they  should 
either  do  nine  months'  duty  in  the  militia,  or  enlist  in  the  continental 
service. 

Although  this  merciful  and  humane  act  comprehended  a  large 
number  of  persons,  yet  it  seems  that  the  complainants  were  either 
not  included  in  it,  or  have  failed  to  comply  with  the  terms  it 
required. 

On  the  6th  IMarch,  1783,  an  act  was  passed  to  alter  and  amend 
the  act  entitled  '•  An  act  for  disposing  of  certain  estates  and  banishing 


622  JOHN  ADAMS-JOHN  JAY. 

certain  persons  therein  mentioned.''  This  act  also  bears  strong 
marks  of  temper  and  humanity.  The  preamble  recites :  "  That 
whereas,  in  and  by  the  16th  section  of  the  said  act,  it  is  enacted, 
'  that  instead  of  inflicting  capital  punishment  on  such  persons,  they 
should  be,  and  they  are  thereby,  to  be  forever  banished  from  the 
said  State  ;  and  if  any  of  the  said  persons  should  remain  in  the 
State  forty  days  next  after  the  passing  of  the  said  act,  or  should 
return  to  this  State,  the  Governor  or  Commander-in-Chief,  for  the 
time  being,  is  thereby  authorized  and  required  to  cause  the  persons 
remaining  in  or  returning  to  tlie  State  to  be  apprehended  and 
committed  to  jail,  there  to  remain,  without  bail  or  mainprise,  until 
a  convenient  opportunity  should  offer  of  transporting  the  said  person 
or  persons  from  this  State  to  some  part  of  his  Britannic  Majesty's 
dominions,  which  the  Governor,  or  Commander-in-Chief,  for  the 
time  being,  is  thereby  required  to  do.  And  if  any  of  the  said 
persons  should  return  to  this  State  after  such  transportation,  then, 
and  in  such  case,  he  or  they  should  be  adjudged,  and  they  are 
thereby  declared  to  be  guilty  of  felony,  and  should,  upon  conviction 
of  the  offence  of  having  returned  as  aforesaid,  suffer  death,  without 
the  benefit  of  clergy.' 

"  And  whereas,  notwithstanding  the  said  act,  on  the  evacuation  of 
the  gan-ison  of  Charleston  by  the  British  forces,  on  the  14lh  day  of 
December  last  past,  many  persons,  whose  names  are  mentioned  in 
the  lists  annexed  to  the  said  act,  relying  on  tlie  lenity  of  the 
American  Government  and  the  mercy  of  their  fellow-citizens,  did 
remain  and  continue  in  Charleston,  and  have  surrendered  them- 
selves to  the  custody  of  the  sheriff  of  Charleston  district,  and  have 
been  confined,  by  virtue  of,  and  in  pursuance  of,  the  said  recited 
act,  in  the  common  jail  of  Charleston  district. 

''  And  whereas  such  persons  have  severally  preferred  their  humble 
petitions  to  the  Legislature  of  the  said  State,  asserting  their  iiuio- 
cence  of  any  of  the  crimes  imputed  to  them,  and  praying  for  a  trial 
and  full  examination  of  their  conduct ;  which  petitions  have  been 
received  and  arc  referred  to  proper  committees  by  both  Houses  of 
the  Legislature. 

*'  And  whereas  it  is  considered  unnecessary  in  such  cases  to  carry 
the  said  in  part  recited  act  into  a  full  and  strict  rxecution  with 
respect  to  the  close  imprisonment  and  sale  of  the  effects  of  the  said 
persons  as  aforesaid  surrendering  and  submitting  themselves ;  and 


DIPLOMATIC  CORRESPONDENCE.  623 

'  the  Legislature,  with  its  accustomed  lenity,  hath  resolved  to  admit 
'  bail  for  such  persons  to  be  taken  to  enforce  their  appearance  at  a 

<  future  day,   when   the  merits  of  their  petitions  shall    have    been 
'  decided  on."  * 

The  act  accordingly  admits  them  to  bail,  and  suspends  the 
further  sale  of  their  estates  until  their  cases  should  be  finally 
decided  on. 

To  this  act  there  is  annexed  "  a  list  of  persons  on  the  confiscation 
'bill  who  have  petitioned,  and  whose  cases  have  been  favorably 
'  determined  in  the  Senate,  and  others  who  have  been  favorably 
'  reported  on  in  the  House  of  Representatives." 

This  list  contains  above  seventy  names. 

The  complainants,  however,  seem  not  to  have  been  of  that 
description. 

In  the  same  session  another  good-natured  act  was  passed,  which, 
among  other  things,  provided  "  that  the  household  furniture,  plate, 
'  linen,  wearing  apparel,  carriages,  and  carnage-horses,  with  such 
'negroes  as  were  generally  attendant  upon  the  families  of  those 
'  persons  who  were  described  in  the  confiscation  act,  should  be 
'  allowed  to  them." 

Your  Secretary  takes  notice  of  this  act,  because  it  indicates  a 
degree  of  humanity  in  the  Legislature,  which,  considering  the  out- 
rages committed  in  that  State,  is  remarkable. 

On  the  17th  March,  1783,  an  ordinance  was  passed  for  disposing 
of  the  estates  of  certain  persons,  and  for  other  purposes  therein 
mentioned. 

It  recites    "that   many  of  the   former  citizens   of  the  State,  in 

<  violation  of  their  allegiance,  had  withdrawn  themselves  and  joined 
'  the  enemJ^" 

It  confiscates  the  estates  of  such  persons.  It  directs  the  com- 
manding officers  of  the  several  regiments  of  militia  to  return  the 
names  of  such  persons  to  the  commissioners  within  three  months. 

With  great  regard  for  justice  and  fairness,  it  permits  such  persons 
to  return  to  the  State  ^vithin  six  months  after  the  end  of  that  session, 
to  take  their  trial;  and  declares  the  ordinance  void  as  to  such  of 
them  as  should  be  acquitted. 

If  the  complainants  were  of  the  class  mentioned  in  this  act,  they 
either  neglected  the  means  it  prescribes  for  them  to  manifest  their 
innocence,  or  they  failed  in  doing  it. 


624  JOHN  ADAMS-JOHN  JAY. 

On  the  26th  ]\Iarch,  1784,  an  act  was  passed,  which,  in  the 
opinion  of  your  Secretary,  places  the  magnanimity  and  moderation 
of  the  State  in  so  distinguished  a  point  of  light,  that  it  ought  to  be 
inserted  it  large  in  this  report. 

"An  act  for  restoring  to  certain  persons  therein  mentioned  their 
Estates,  both  real  and  personal,  and  for  permitting  the  said 
persons  to  return  to  this  State,  and  for  other  jjitrposes  therein 
mentioned.'' 

"  Whereas,  by  an  act  entitled  '  An  act  for  disposing  of  certain 
estates,  and  banishing  certain  persons  therein  mentioned,'  the  estates 
of  such  persons  were  confiscated  and  forfeited  to  the  use  of  this 
State :  and  whereas,  the  United  States  in  Congress  assembled  have 
earnestly  recommended  to  the  several  States  to  reconsider  and  revise 
their  laws  regarding  confiscation,  so  as  to  render  the  said  laws 
perfectly  consistent,  not  only  with  justice  and  equity,  but  with  that 
spirit  of  conciliation  which,  on  the  return  of  the  blessings  of  peace, 
should  universally  prevail : 

''Be  it  enacted  by  the  honorable  the  Senate  and  House  of  Repre- 
sentatives in  General  Assembly  met,  and  by  the  authority  of  the 
same,  That  all  and  every  the  estate  and  estates,  both  real  and 
personal,  of  the  several  persons  whose  names  are  mentioned  in  the 
list  number  one,  hereunto  annexed,  and  which  estates  have  not  been 
sold  by  the  Commissioners  of  Forfeited  Estates,  is,  and  are,  and  shall 
be,  taken  from  and  divested  out  of  the  commissioners  appointed  by 
the  said  act  for  disposing  of  the  said  estates,  is  hereby  restored  to, 
and  revested  in,  the  several  persons  respectively  mentioned  in  the 
said  list  number  one,  and  to  the  heirs  of  each  and  every  of  them,  in 
the  same  manner,  and  for  the  same  use  and  behoof,  as  each  and 
every  of  the  said  persons  were  seized  or  possessed  of  the  same  before 
the  passing  of  the  said  act. 

'•And  be  it  further  enacted  by  the  authority  aforesaid,  That  all 
and  every  of  the  said  person  and  persons  mentioned  in  the  lists 
numbers  one,  two,  and  three,  be  allowed  and  permitted  to  return  to 
and  reside  in  this  State  ;  and  every  part,  clause,  matter,  and  thing 
in  the  said  act  contained,  respecting  the  banishment  of  the  said 
persons,  and  the  disposal  of  their  estates  for  the  use  of  this  State, 
except  such  parts  thereof  as  have  been  sold  l)y  the  Commis- 
sioners of  Forfeited   Estates,  be,  and  the  same   is  hereby,  repealed: 


DIPLOMATIC  CORRESPONDENCE.  625 

Provided  always,  and  he  it  further  enacted  by  the  authority  aforesaid, 
That  the  persons  named  in  the  hsts  numbers  one  and  three,  their 
attorneys  or  agents,  where  their  estates  have  not  been  sold,  should 
make  a  true  and  just  return  to  the  said  commissioners,  on  oath  or 
affirmation,  of  all  their  estates,  real  and  personal,  within  four  months 
next  after  the  passing  this  act ;  and  that  the  said  commissioners  shall 
cause  an  assessment  of  twelve  per  cent,  to  be  rated  on  the  just  and 
real  value  of  such  estates,  which  assessment  shall  be  paid  by  the 
said  persons  to  the  said  commissioners,  in  specie,  on  or  before  the 
1st  day  of  March,  1785 ;  and,  on  their  failing  so  to  do,  the  said 
commissioners  shall  cause  such  assessment  to  be  levied  and  paid  into 
the  treasury  for  the  use  of  this  State,  and  that  the  said  assessment 
shall  be  rated  and  levied  in  the  mode  prescribed  by  the  amercement 
act,  with  respect  to  the  amercement  thereby  imposed,  and,  where 
their  estates  have  been  sold,  twelve  per  cent,  shall  be  deducted  from 
the  amount  of  sales  thereof;  and  that  the  Commissioners  of  Confis- 
cated Estates  shall  be  allowed  a  commission  of  two  pounds  per 
centum. 

"And  be  it  further  enacted  by  the  authority  aforesaid,  That  all 
and  every  estate  and  estates,  both  real  and  personal,  of  the  several 
persons  whose  names  are  mentioned  in  the  list  number  two,  hereunto 
annexed,  where  the  same  is  not  yet  sold,  shall  be  taken  from,  and 
divested  out  of  the  said  commissioners  and  their  heirs  as  aforesaid ; 
and  every  such  estate  is  hereby  restored  to,  and  r-evested  in  the 
several  persons  respectively  mentioned  in  the  said  list  number  two, 
and  to  the  heirs  of  each  and  every  of  them,  in  as  full  and  ample 
a  manner  as  hath  been  extended  to  the  persons  and  their  heirs 
comprehended  in  the  list  number  one;  and  that  all  and  every  person 
and  persons  mentioned  in  said  list  number  two  be  allowed  and 
permitted  to  return  to  and  reside  in  this  State ;  and  that  they  or  any 
of  them  shall  not  be  liable  or  subject  to  any  amercement  whatsoever ; 
and  every  part,  clause,  matter,  and  thing  in  the  said  act  contained, 
respecting  the  banishment  of  the  said  persons,  and  the  disposal  of 
their  estates,  where  any  such  estate  hath  not  been  and  is  not  already 
sold  by  the  commissioners  aforesaid  for  the  use  of  this  State,  be,  and 
the  same  is  hereby,  repealed. 

"And  be  it  further  enacted  by  the  authority  aforesaid,  That  in 
all  and  every  case  wherein  the  estate  of  any  of  the  said  persons  hath 
been  sold  by  the  said  commissioners,  and  the  purchaser  shall  be 
Vol.  11.-40 


626  JOHN  ADAMS-JOHN  JAY. 

unwilling  to  give  up  the  purchase  to  such  original  proprietor,  then  it 
shall  and  may  be  lawful  for  the  Commissioners  of  the  Treasury,  or  the 
Commissioners  of  Forfeited  Estates,  and  they  are  hereby  authorized 
and  required  to  pay  on  demand  to  every  person,  respectively,  in  the 
said  lists  number  one,  two,  and  three  comprehended,  all  such  indents 
and  specie  as  they,  the  said  treasurers  and  commissioners,  have  or 
may  receive  from  the  said  purchasers.  And  in  all  and  every  case 
where  such  purchaser  shall  agree  to  give  up  his  purchase  to  any 
original  proprietor  in  the  said  three  lists  comprehended,  (which 
proprietor  shall  be  obliged  to  accept  the  said  relinquishment,)  then, 
in  that  case,  the  Commissioners  of  the  Treasury  and  the  Com- 
missioners of  Forfeited  Estates,  as  the  case  may  be,  are  hereby 
authorized  and  required  to  give  up,  and  restore  to  every  such 
purchaser  his  bond  and  other  security  given  for  the  purchase: 
Provided  always,  That  all  and  every  person  in  the  said  lists 
numbers  one,  two,  and  three  comprehended,  shall  be  liable  and 
subject  to  pay  all  commissions  and  charges  which  may  be  due  to  the 
Commissioners  of  Forfeited  Estates,  or  others  acting  under  their 
authority.  And  in  any  instance  where  the  negroes  or  other  property 
of  any  person  hereby  subject  or  liable  to  amercement  hath  been  sold 
or  taken,  or  moneys  have  been  received  by  virtue  of  any  law  or 
public  authority  of  this  State,  the  price  for  which  such  negroes  were 
sold,  and  the  value  of  such  other  property  and  money  received  as 
aforesaid,  shall  be  allowed  in  discount  of  their  amercement,  respect- 
ively. 

"  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the 
several  persons  whose  names  are  contained  in  the  list  number  three, 
and  all  such  on  the  list  number  one,  who  held  military  connnissions 
at  any  lime  during  the  war,  be  disquahfied  from  being  elected  Gov- 
ernor, Lieutenant  Governor,  member  of  the  Privy  Council,  or  of 
either  branch  of  the  Legislature,  or  of  holding  any  office  or  place 
of  trust  within,  or  under  the  authority  of,  this  State,  for  and  during 
the  term  of  seven  years. 

"■  And  whereas  several  persons  have  applied  to  the  Legislature  to 
be  n.-lieved  from  the  pfMialtics  of  an  art  entitled  '  An  act  for  amercing 
certain  persons  therein  mentioned,'  whose  petitions  were  referred  to 
a  committee  of  each  branch  of  iIk?  Lejiislature  : 

'■ /ic  it  then  fore  enacted  by  the  authority  aforesaid,  That  as 
nuieh    of  the   said    act   as  respects  the  several  persons   favorably 


DIPLOMATIC  CORRESPONDENCE.  627 

reported  on,  in  either  House,  shall  be,  and  the  same  is  hereby, 
repealed. 

"  And  that  the  operation  of  the  said  act  shall  be  suspended,  as  to 
the  remainder  of  the  said  persons  therein  mentioned,  until  the  end 
of  the  next  meeting  and  sitting  of  the  Legislature : 

''And  be  it  further  enacted  by  the  authority  aforesaid,  That 
Nathaniel  Russell,  VViUiam  Roach,  James  Wright,  Peter  Prow,  and 
Andrew  Keigler,  be,  and  they  are  hereby,  exempted  from  all  pains, 
penalties,  and  forfeitures  of  an  ordinance  of  the  General  Assembly 
passed  the  ITth  day  of  March,  1783,  entitled  'An  ordinance  for  the 
'  disposing  of  the  estates  of  certain  persons,  subjects  and  adherents 
'  of  the  British  Government,"  and  for  other  purposes  therein  men- 
'  tioned.' " 

In  the  same  spirit  of  humanity,  the  Legislature  after\vards  (viz : 
the  19th  March,  1785)  passed  a  benevolent  act,  entitled,  "An  act 
to  afford  a  maintenance  to  the  persons  therein  mentioned/'  and  is  as 
follows,  viz: 

"  Whereas,  it  is  but  consistent  with  justice  and  humanity  that  a 
suitable  maintenance  should  be  made  to  the  widows  and  orphans 
of  the  following  persons,  whose  whole  estates  are  under  confisca- 
tion— 

"Be  it  therefore  enacted  by  the  honorable  the  Senate  and  House 
of  Representatives,  now  met  and  sitting  in  General  Assembly,  and 
by  the  authority  of  the  same.  That  the  plantation  or  tract  of  land 
on  Reaburn's  creek,  containing  two  hundred  acres,  late  the  property 
of  Andrew  Cunningham,  whereon  he  formerly  lived,  and  not  sold  by 
the  Commissioners  of  Forfeited  Estates,  shall  be,  and  the  same  is 
hereby,  vested  in  IMargaret  Cumiingham  (relict  of  the  late  Andrew 
Cunningham)  and  her  children  by  the  said  Andrew  Cunningham, 
now  alive,  their  heirs  and  assigns  forever. 

"  Be  it  enacted  by  the  authority  aforesaid,  That  all  those  two 
plantations  or  tracts  of  land,  situated  in  the  neighborhood  of  Ninety- 
Six,  late  the  property  of  Culbert  Anderson,  containing  in  the  whole 
four  hundred  and  forty-one  acres,  and  which  were  sold  to  Captain 
Richard  Pollard,  in  July,  1783,  but  the  terms  of  sale  not  complied 
with,  shall  be,  and  the  same  are  hereby,  vested  in  Mary  Anderson 
(relict  of  the  late  Culbert  Anderson)  and  her  children  by  the  said 
Culbert  Anderson,  now  alive,  their  heirs  and  assigns  forever ;  she 
paying  the  surveyor's  fees  and  contingent  charges  on  the  sale. 


628  JOHN  ADAMS-JOHN  JAY. 

''Be  it  enacted  by  the  authority  aforesaid,  That  those  two 
tenements  or  lots  of  ground,  late  the  property  of  Edward  Oats, 
situate  in  Colleton  square,  the  one  seventy-five  feet  front,  and  one 
hundred  feet  deep,  the  other  thirty  feet  front  and  seventy-five  feet 
deep,  with  eleven  acres  of  land,  more  or  less,  on  Daniel's  Island, 
shall  be,  and  the  same  are  hereby,  vested  in  Elizabeth  Oats  (widow 
and  relict  of  the  said  Edward  Oats)  and  her  children  by  the  said 
Edward.  Oats,  their  heirs  and  assigns  forever;  she  paying  the 
expenses  and  contingent  charges  on  the  sale. 

"  Be  it  enacted  by  the  authority  aforesaid,  That  five  hundred 
acres  of  any  lands,  late  the  property  of  William  Guest,  not  sold  by 
the  Commissioners  of  Forfeited  Estates,  that  Sarah  Guest,  wife  of 
the  said  William  Guest,  shall  choose,  shall  be,  and  the  same  is 
hereby,  vested  in  the  said  Sarah  Guest,  and  her  children  by  the  said 
William  Guest,  their  heirs  and  assigns  forever. 

"  And  be  it  further  enacted  by  the  authority  aforesaid,  That  all 
personal  property  under  confiscation,  not  disposed  of  for  public 
purposes,  lately  belonging  to  the  said  Andrew  Cunningham,  Culbert 
Anderson,  William  Guest,  and  Edward  Oats,  shall  be,  and  the 
same  is  hereby,  restored  to  and  vested  in  the  said  IMargaret  Cun- 
ningham, Mary  Anderson,  Sarah  Guest,  and  Elizabeth  Oats, 
respectively,  and  their  respective  children :  Provided  always,  That 
each  estate,  or  parts  of  estate,  so  restored  by  this  act,  shall  be 
subject  to  the  payment  of  all  just  and  bona  fide  debts  that  may  be 
against  such  estate. 

"In  the  Senate  House,  the  19th  day  of  March,  A.  D.  1785,  and 
in  the  ninth  year  of  the  independence  of  the  United  States  of 
America. 

''JOHN  LLOYD, 

President  of  the  Senate. 
"JOHN  FAUCHEIIEAUD  (JUlMlvE, 
Speaker  of  II.  of  Jirprescntatives.^' 

On  the  24th  March,  1785,  an  act  was  passed  whereby  the  estate 
which  had  been  confiscated  of  Edward  Fcnwick  was  restored  to  and 
revested  in  him,  and  he  permitted  to  remain  twelve  months  in  the 
State. 

From  these  several  acts,  it  is  apparent  that,  ahhough  much 
severity  was  naturally  to  be  exju-cted,  and  would  have  been 
excusable  in  South  Carolinaj  cousideruig  the  manner  in  which  .she 


DIPLOMATIC  CORRESPONDENCE.  629 

had  been  treated;  yet  great  regard  to  justice,  and  an  uncommon 
degree  of  benevolence,  humanity,  and  mercy,  has  marked  her 
conduct  towards  her  offending  citizens.  How  it  happened  that  the 
complainants  have  not  experienced  the  good  effects  of  this  continued 
prevailing  disposition,  cannot  easily  be  accounted  for  on  any  principles 
reputable  to  their  characters.  They  seem  to  have  forgotten  that  the 
fifth  article  of  the  treaty  (the  last  clause  only  excepted,  which  has 
no  relation  to  their  complaint)  contains  no  other  stipulation  than 
that  Congress  should  recommend  the  several  matters  therein  stipulated. 
Congress  accordingly  recommended  them,  and  South  Carolina  com- 
plied with  these  recommendations  to  a  great  extent.  That  State 
was  at  liberty  to  comply  or  not  to  comply,  in  the  whole  or  in  part. 
She  has  shown  much  mercy,  and  is  not  responsible  for  not  showing 
more.  In  that  State,  as  in  some  others,  there  doubtless  were  some 
citizens  to  whom  more  mercy  than  they  have  received  would  have 
been  injustice.  Who  the  complainants  are,  or  what  they  may  be, 
their  characters,  or  particular  cases,  does  not  appear  from  the  list  of 
grievances ;  nor  has  your  Secretary  any  information  respecting  them. 

They  had  permission,  it  seems,  to  go  to  Charleston.  That  was  a 
matter  of  favor,  not  of  right ;  after  a  certain  time  they  were  ordered 
to  depart.  All  this  may  be  true,  and  yet  the  treaty  remain  unvio- 
lated. 

They  say  the  purposes  of  their  going  there  were  frustrated  by  a 
suspension  of  the  courts  of  justice.  If  so,  it  is  evident  that  their 
business  was  not  with  the  Legislature,  but  with  the  courts ;  and 
business  with  the  latter,  for  the  restitution  or  recovery  of  rights  and 
property,  may  as  well  be  transacted  by  attorney  as  in  person. 

If,  after  coming  there,  they  were  insulted  and  abused,  the  persons 
who  treated  them  in  that  manner  acted  improperly ;  but  insults  and 
abuses  are  often  of  a  kind  of  which  the  law  takes  no  notice ;  and 
it  is  probable  that  those  in  question  were  of  that  kind,  for  the 
complainants  do  not  allege  the  contrary ;  nor  do  they,  in  that  respect, 
impute  any  blame  to  the  Government,  which  they  would  doubtless 
have  done  if  there  had  been  room  for  it. 

2d.  That  several  British  merchants,  while  Charleston  was  in 
possession  of  his  Majesty's  troops,  accepted,  in  payment  of  debts, 
houses  and  lands,  which,  on  the  4th  July,  1776,  were  the  property 
of  persons  whose  estates  were  confiscated  by  an  act  passed  26th 
February,  1782,  but  which  retrosjpected  to  the  4th  July,  1776. 


630  JOHN  ADAMS-JOHN  JAY. 

That  these  lands  which,  since  July,  1776,  had  often  been  trans- 
ferred, and  actually  belonged  to  British  merchants  when  the  act 
passed,  were  afterwards,  viz:  in  June,  1784,  sold  by  the  Commis- 
sioners of  Confiscated  Estates,  without  any  regard  to  the  claims  of 
these  merchants  founded  on  the  5th  and  6th  articles  of  the  treaty. 

Under  this  head,  the  first  question  that  presents  itself  is,  whether, 
or  how  far,  it  was  right  that  the  act  of  26th  February,  1782,  should 
retrospect  to  4th  July,  1776? 

The  question  may  be  discussed  with  more  perspicuity  by  distin- 
guishing between  the  British  subjects  and  the  offending  citizens,  who 
were  the  objects  of  this  act. 

This  Jirst  violated  no  allegiance  to  the  State,  for  they  owed  none. 
The  act  imputes  no  particular  offences  to  them,  but  assigns  general 
and  national  reasons  for  confiscating  their  property. 

On  the  4th  July,  1776,  all  British  subjects  became  aliens  to  the 
United  States.  Thenceforth,  to  the  end  of  the  war,  they  were  not 
only  aliens,  but  alien  enemies.  As  such,  they  were  during  that 
period  under  legal  disabilities  either  to  acquire  or  convey  lands  in 
this  country.  On  these  principles,  therefore,  it  was  right  and  just 
that  the  act  should  consider  all  those  lands  to  be  still  the  lands  of 
the  British  subjects  in  question,  of  which  they  were  proprietors  on 
the  4th  July,  1776. 

The  next  inquiry  is,  whether  the  like  retrospect  in  the  cases  of 
offending  citizens  was  justifiable  ? 

On  this  point  your  Secretary  thinks  it  not  improper  to  observe, 
that  if  it  shall  appear  that  the  complainants  are  not  interested  in,  nor 
affected  by,  such  retrospect,  that  then  it  is  a  matter  which  they, 
being  foreigners,  have  no  right  to  meddle  with  nor  to  complain  of. 
By  their  own  showing,  it  appears  that  the  conqjlainants  are,  and 
were,  British  merchants,  (that  is,  British  subjects,)  who,  during  the 
war,  when  they  were  alien  enemies,  accepted  grants  of  land  lying  in 
this  country  in  payment  for  debts.  No  point  is  more  indisputable 
or  more  clearly  established,  both  by  the  law  of  this  country  and  of 
England,  than  that  alienation  of  land  to  an  alien  operates  a  forfeiture 
of  it  to  the  sovereign ;  and  if  such  bo  the  laws  respecting  alien 
friends,  with  how  much  greater  force  docs  it  ajiply  to  alien  enemies? 
It  f(jllows,  tluui,  that  the  British  merchants  in  question,  not  being 
capable  of  purchasing  and  holding  lands  in  this  country,  nothing 
passed  to  them  by  the  said  grants  from  their  debtors.     And  if  they 


DIPLOMATIC  CORRESPONDENCE.  631 

thereby  acquired  no  right  or  title  to  the  lands  in  contemplation,  they 
can  with  no  propriety  complain  of,  or  reprehend  the  Legislature  of 
South  Carolina  for  passing  that  or  any  other  law  respecting  those 
lands. 

As  your  Secretary  considers  this  reasoning  as  being  conclusive,  he 
thinks  it  unnecessary  to  swell  this  report  by  any  further  remarks  on 
the  retrospect  in  this  act. 

There  remains  but  one  further  question  on  this  head,  viz  :  Whether 
the  5th  or  6th  articles  of  the  treaty  contain  any  thing  to  validate 
the  titles  which  these  British  merchants  claim  to  have  to  these 
lands  ? 

By  the  fifth  article,  it  is  agreed  that  all  persons  who  may  have  any 
interest  in  confiscated  lands,  either  by  debts,  marriage  settlements,  or 
otherwise,  shall  meet  with  no  lawful  impediment  in  the  prosecution 
of  their  just  rights. 

The  obvious  meaning  of  which  is,  that  all  fair,  lawful  contracts 
touching  lands  to  which  the  parties  were  at  the  time  competent, 
shall  continue  in  full  force,  and  be  executed  in  favor  of  innocent 
persons  claiming  the  benefit  thereof,  notwithstanding  the  said  lands 
may  have  been  confiscated. 

The  article  clearly  relates  to  grants  or  contracts  which,  at  the  time 
they  were  made,  were  valid ;  and  not  to  grants  or  contracts  which,  at 
the  time  they  were  made,  conveyed  no  rights  to  the  grantees  or 
contractees. 

The  article  expressly  removes  impediments  to  the  prosecution  of 
just  or  legal  rights ;  and  that  idea  excludes  the  supposition  of  its 
meaning  to  confer  validity  to  claims  not  warranted  by  law,  or  to 
create  rights  which  at  no  prior  period  had  ever  existence. 

If,  therefore,  these  British  merchants  never  had,  nor  could  have 
title  to  nor  interest  in  these  lands,  by  any  grants  made  during  the 
war,  and  subsequent  to  July,  1776,  your  Secretary  cannot  perceive 
the  most  distant  reason  for  blaming  the  conduct  of  the  commissioners 
in  paying  no  respect  to  such  fruitless  grants. 

As  to  the  6th  article,  it  gives  color  to  the  complaint. 

1.  It  provides  that  there  shall  be  no  future  confiscation. 

The  confiscation  in  question  was  yrior  and  not  future  to  the 
treaty. 

2.  It  forbids  the  commencement  of  prosecutions  against  any  person 
for  the  part  he  may  have  talcen  during  the  war. 


632  JOHN  ADAMS-JOHX  JAY. 

The  sale  of  land  long  before  vested  in  the  State  by  confiscation, 
can  with  no  more  propriety  be  called  a  commencement  of  a  prose- 
cution than  the  leasing,  or  tilling,  or  fencing  it  can  be. 

3.  It  declares  that  no  person  shall  on  that  account  suffer  any 
future  loss  in  his  person,  liberty,  or  property. 

If  there  was  any  loss  in  the  present  case,  it  arose  from  the 
confiscation  that  took  place  during  the  war,  which,  being  in  point  of 
time  before  the  treaty,  cannot  be  easily  construed  to  have  been 
posterior  or  future  to  it. 

Thus  your  Secretary  has  considered  this  complaint  as  resting  on 
the  facts  and  principles  stated  and  assumed  by  the  complainants,  and 
he  presumes  that  nothing  further,  then,  need  be  added  to  manifest 
its  futility.  He  cannot,  however,  dismiss  it  without  remarking  the 
want  of  candor  observable  in  the  statement  of  this  complaint. 

This  complaint  gives  the  reader  to  understand  that  the  act  retro- 
spected  generally,  and  confiscated,  without  exception  of  cases,  tlie 
lands  which  the  persons  who  were  the  objects  of  it  possessed  on  the 
4th  July,  1776. 

The  fact  is  otherwise,  for  that  very  act  contains  the  following 
clause,  viz : 

"i?e  it  further  enacted  by  the  authority  aforesaid,  That  all  real 
'  and  personal  property  of  which  the  persons  named  in  the  said  lists 

*  were  possessed,  either  by  themselves  or  agents,  on  the  4th  July, 

*  1776,  or  at  any  time  between  that  day  and  the  12th  May,  1786, 

*  shall  be  held  and  deemed  to  be  still  theirs  ;  unless  the  same  was 
'  really  and  bona  fide  sold  and  conveyed  for  a  valuable  consideration 
'  of  money  paid,  or  secured  to  be  paid,  and  actual  possession  given  to 
'  the  purchasers  before  the  said  12/A  May  without  any  secret  trust  or 

*  condition,  and  not  with  a  view  of  eluding  a  forfeiture.'^ 

On  the  IGth  March,  1783,  an  act  was  passed  for  amending  the 
confiscation  act,  and  in  it  there  is   a  clause  which   enacts,  "That 

*  where  purchases  have  been  made  of  the  property  of  the  banished 
'  persons  before  the  passing  of  the  confiscation   act,  by  the  persona 

*  who  were  then  citizens  of  this  or  of  the  United  States,  and  where 

*  such  purchases  have   been  actually  paid   for,  or  only  part  of  the 

*  purchase  money  paid,  such  persons  shall  still  retain  the  property 
'  so  purchased  :  Provided,  The  same  was  made  for  a  valuable  con- 

*  sideralion  of  money,  to  be  paid  without  collusion  or  fraud,"  he. 
The  fact,    then,  really  is,  that  the  retrospect   in   question  was  so 


DIPLOMATIC  CORRESPONDENCE.  633 

narrowed  and  limited  as  to  become  perfectly  consistent,  not  only 
with  strict  law  and  justice,  but  with  the  more  delicate  principles  of 
equity  and  good  conscience. 

Lest  an  idea  should  be  imbibed  from  this  complaint  that  bona  fide 
creditors  lost  their  debts  by  this  act  of  confiscation,  it  may  be  well 
to  refer  those  who  may  not  be  well  informed  on  the  subject  to  the 
first  enacting  clause  of  the  last-mentioned  act,  which  provides  "that 
'  the  estates  of  persons  mentioned  on  the  list  No.  1,  specified  in  the 
'  said  act,  of  those  who  left  this  country  upon  refusing  to  take  the 
'  oath  of  allegiance,  and  also  those  who  withdrew  from  their  allegiance 
'  and  went  over  to,  and  took  up  arms  with,  the  enemy,  in  the  year  of 
'our  Lord  1779,  shall  be  respectively  liable  to  discharge  the  debts 
'  due  by  them,  as  the  estates  of  those  persons  who  are  mentioned  on 
'  the  lists  Nos.  1,  2,  3,  4,  5,  and  6." 

It  further  provides,  that  such  debts,  "  when  examined  and  certified 
'  by  the  auditor  general,  shall  be  allowed  in  purchase  of  any  confis- 
'  cated  property,  where  the  estates  against  which  the  debts  shall  be 
'  so  certified  are  fully  and  clearly  equal  to  the  demands  upon  them ; 
'  or,  at  the  option  of  such  creditors,  they  shall  be  paid  proportionably 
'  out  of  the  annual  interest  arising  on  the  bonds  given  for  the  pur- 
'  chase  of  confiscated  estates." 

The  act  directs  such  demands  to  be  brought  in  and  liquidated  by 
the  20th  July  next ;  but  by  a  posterior  act,  passed  26th  March,  1784, 
the  term  was  extended  to  26th  March,  1785. 

The  list  of  grievances  also  contains  a  singular  complaint  respecting 
certain  adjudications  in  Charleston ;  for  it  is  not  suggested  that  any 
act  of  the  Legislature  had  been  passed  on  the  subject,  viz : 

"  That  the  decisions  of  the  board  of  police  established  under  the 
'King's  government  in  Charleston,  however  equitable,  have  been  set 
'aside  since  the  peace;  British  subjects  have  been  deprived  of  their 
'  property  purchased  under  its  process,  and  cast  in  excessive  damages 
'  and  costs,  for  no  other  cause  than  having  brought  actions  therein 
'  for  the  recovery  of  debts,  even  where  the  defendant  had  confessed 
'judgment,  and  when  both  the  plaintiff  and  defendant  were  British 
'subjects." 

If  the  complainants  had  particularized  any  one  of  these  cases,  by 
stating  the  nature  of  the  case,  the  names  of  the  parties,  and  by  what 
court,  and  when  it  was  tried  and  adjudged,  more  respect  would  have 
been  due  to  their  representation  than  it  seems  to  merit  in  its  present 


634  JOHN  ADAMS— JOHN  JAY. 

form.  Why  these  important  particulars  were  omitted,  can  only  be 
conjectured. 

Your  Secretary  has  no  other  information  respecting  these  extraor- 
dinary facts,  than  what  he  derives  from  the  list  of  grievances. 

To  him,  however,  it  appears  sufficient  to  observe,  that  the  laws 
of  nations  afford  an  answer  to  this  complaint,  which  ought,  in  the 
present  state  of  it,  to  be  satisfactory,  viz :  "  as  the  administration  of 
'justice  necessarily  requires  that  every  definitive  sentence,  regularly 
'  pronounced,  be  esteemed  just,  and  executed  as  such,  as  soon  as  a 
'cause  in  which  foreigners  find  themselves  interested  has  been 
'  decided  in  form,  the  sovereign  of  the  defendants  cannot  hear  their 
'  complaints." 

To  undertake  to  examine  the  justice  of  a  definitive  sentence,  is  to 
attack  the  jurisdiction  of  him  who  has  passed  it.  The  prince  ought 
not  then  to  interfere  in  the  causes  of  his  subjects  in  foreign  countries, 
and  to  grant  them  his  protection,  excepting  in  the  cases  of  a  refusal 
of  justice,  palpable  and  evident  injustice,  a  manifest  violation  of 
rules  and  form,  or  an  odious  distinction  made  to  the  prejudice  of  his 
subjects,  or  of  foreigners  in  general. 

Your  Secretary  having  considered  several  matters  alleged  against 
South  Carolina  as  violations  of  the  6th  article,  will  now  proceed  to 
examine  the  remaining  complaints  of  the  like  kind  against  New 
York;  for  South  Carolina  and  New  York  are  the  only  States  against 
which  such  complaints  are  made. 

It  should  be  remembered  that  this  article  contains  five  express 
and  positive  stipulations,  viz: 

1 .  That  there  shall  be  no  future  confiscations  made. 

2.  Tiiat  there  shall  not  he  any  prosecutions  commenced  against 
any,  for  the  part  he  may  have  taken  during  the  war. 

3.  That  no  person  shall,  on  that  account,  suller  any  future  loss  or 
damage,  either  in  his  person,  liberty,  or  property. 

4.  That  persons  in  confinement  on  sucii  charges  shall  be  set  at 
liberty ;  and 

5.  That  the  prosecution  so  commenced  shall  be  discontinued. 

It  is  charged  that  the  State  of  New  York  has  violated  this  article; 
for  that  by  an  act  "passed  thi;  17th  March,  1783,  and  confirmed 
'by  others  in  1784  and  1785,  those  Americans  who  had  abandoned 
'  their  possessions  in  New  York  upon  its  capture  by  the  IJritish 
'troops,  and  resided  wiliiout  the  lines  during  the  war,  are  enabled 


DIPLOMATIC  CORRESPONDENCE.  635 

'to  bring  actions  of  trespass  for  rents,  he,  during  their  absence, 
'against  persons  who  had  occupied  their  premises,  whether  under 
'the  authority  or  permission  of  the  British  commander  or  otherwise, 
'and  who,  by  this  act,  are  precluded  from  pleading  any  military 
^  order  whatsoever,  in  justification  of  their  occupancy." 

It  also  authorizes  "  the  sequestration  of  the  estates  of  British 
subjects  lying  in  that  country,  for  their  conduct  during  the  war." 

This  charge  (the  last  article  excepted)  is  not  without  foundation, 
as  will  appear  from  a  perusal  of  this  extraordinary  act.  It  is  as 
follows : 

"  An  act  for  granting  a  more  effectual  relief  in  cases  of  certain 
Trespasses, ^^  ^passed  11th  March,  1783. 

"  Be  it  enacted  by  the  people  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
authority  of  the  same,  That  it  shall  and  may  be  lawful  for  any 
person  or  persons,  who  are  or  were  inhabitants  of  this  State,  and 
who,  by  reason  of  the  invasion  of  the  enemy,  left  his,  her,  or 
their  place  or  places  of  abode,  and  who  have  not  voluntarily  put 
themselves  respectively  into  the  power  of  the  enemy  since  they 
respectively  left  their  places  of  abode,  his,  her,  or  their  heirs,  exec- 
utors, and  administrators,  to  bring  an  action  of  trespass  against  any 
person  or  persons  who  may  have  occupied,  injured,  or  destroyed  his, 
her,  or  their  estate,  either  real  or  personal,  within  the  power  of  the 
enemy,  or  against  any  person  or  persons  who  shall  have  purchased 
or  received  any  such  goods  or  effects,  or  against  his,  her,  or  their 
heirs,  executors,  or  administrators,  in  any  court  of  record  within  this 
State  having  cognizance  of  the  same ;  in  which  action,  if  the  same 
shall  be  brought  against  the  person  or  persons  who  have  occupied, 
injured,  or  destroyed,  or  purchased  and  received  such  real  or  personal 
estate  as  aforesaid,  the  defendant  or  defendants  shall  be  held  to  bail ; 
and  if  any  such  action  shall  be  brought  in  any  inferior  court  within 
this  State,  the  same  shall  be  finally  determined  in  such  court,  and 
every  such  action  shall  be  considered  as  a  transitory  action. 

"  That  no  defendant  or  defendants  shall  be  admitted  to  plead  in 
justification  any  military  order  or  command  whatever,  of  the  enemy, 
for  such  occupancy,  injury,  destruction,  purchase,  or  receipt,  nor  to 
give  the  same  in  evidence  on  the  general  issue." 

Your  Secretary  has  reason  to  believe  that  this  is  the  first  and  only 


636  JOHN  ADAMS— JOHN  JAY. 

act  of  the  kind  that  ever  was  passed  by  any  Legislature  or  sovereign. 
Neither  the  laws  nor  the  practice  of  nations  (as  far  as  your  Secretary 
has  knowledge  of  them)  afford  any  countenance  or  color  to  an 
opinion  that,  after  a  war  has  been  terminated  by  a  treaty  of  peace, 
solemnly  made  and  ratified,  either  of  the  late  belligerent  Powers,  or 
their  respective  citizens,  have  a  right  to  commence  and  prosecute 
actions  at  law  against  the  soldiers,  subjects,  or  adherents  of  the  other, 
for  damages  by  them  done  during  the  war,  and  in  the  course  of 
invasions  and  hostilities,  by  military  order. 

Such  an  opinion  appears  to  your  Secretary  to  be  so  destitute  of 
even  resemblance  to  reason,  that  a  particular  exposition  of  its 
demerits  would  be  an  unnecessary,  and,  therefore,  improper  applica- 
tion of  time  and  attention. 

Li  a  word,  this  act  is,  in  his  opinion,  a  direct  violation  of  the  treaty 
of  peace,  as  well  as  of  the  acknowledged  law  of  nations.  But  it  is 
not  true  that  this  act  does  "  authorize  the  sequestration  of  the  estates 
'  of  British  subjects  lying  in  this  country,  for  their  conduct  during  the 
'war,"  as  the  list  of  grievances  very  improperly  asserts. 

It  is  said  that  this  act  was  confirmed  by  others  in  1784  and  1785, 
but  they  are  not  described,  either  by  their  titles  or  contents. 

Your  Secretary  finds  one  passed  the  r2th  INIay,  1784,  entitled 
"  An  act  to  preserve  the  freedom  and  independence  of  this  State, 
and  for  other  purposes  therein  mentioned,"  which,  in  his  opinion, 
is  very  exceptionable.     It  is  as  follows : 

"  Whereas,  it  is  of  great  importance  to  the  safety  of  a  free  Gov- 
ernment, that  persons  holding  principles  inimical  to  the  Constitution 
should  not  be  admitted  into  ofliccs  or  places  of  trust,  whereby  they 
might  acquire  an  immediate  influence  in  the  direction  of  its  councils; 
and  whereas  some  of  the  citizens  of  this  State,  entertaining  senti- 
ments hostile  to  its  independence,  and  have  taken  an  active  part  in 
the  late  war,  in  opposition  to  the  present  Government,  and  it  would 
be  improper  and  dangerous  that  such  persons  should  'be  suffered  to 
hold  or  enjoy  any  sucii  office  or  place  of  trust  within  this  State. 

'•  And  whereas  it  is  the  duly  of  the  Legislature  to  j)ur.suc  every 
reasonable  and  proper  measure  to  secure  the  Government  from  being 
disturbed  and  endangered — 

"  lie  it  therefore  enacted  by  the  people  of  the  State  of  New 
J  orl:,  represented  in  Senate  and  Assembly,  and  it  is  hereby  enacted 
by  the  authority  of  the  same,  That  all  and  every  person  or  persons, 


DIPLOMATIC  CORRESPONDENCE.  637 

natives  or  others,  who  bemg  resident  in  this  State,  or  any  other  of 
the  United  States,  on  the  9th  day  of  July,  in  the  year  of  our  Lord 
1776,  and  who  have  at  any  time  since  the  said  9th  day  of  July, 
in  the  year  of  our  Lord  1776,  accepted,  received,  held,  or  exercised 
any  military  commission  or  commissions  whatever,  by  or  under  any 
authority  derived  from  the  King  of  Great  Britain  ;  and  every  person 
or  persons,  who,  being  resident  within  this  State,  or  any  other  of  the 
United  States,  as  aforesaid,  on  the  9th  day  of  July,  1776,  aforesaid, 
who  have  owned  or  fitted  out,  or  who  have  been  concerned  in 
fitting  out,  any  privateer  or  privateers,  or  vessels  of  war,  to  cruise 
against  or  commit  hostilities  upon  the  vessels,  property,  and  persons 
of  any  of  the  citizens  of  the  L^nited  States,  or  against  their  allies ; 
and  every  person  or  persons  whatsoever,  who,  being  resident  in  this 
State,  or  any  other  of  the  said  L'nited  States,  on  the  9th  day  of 
July,  in  the  year  of  our  Lord  1776,  aforesaid,  who  have  served  on 
board  such  privateers  or  vessels  of  war,  in  the  condition  or  capacity 
of  captain,  lieutenant,  or  master;  and  also  every  person  or  persons, 
who,  being  resident  in  this  State,  or  any  other  of  the  United  States, 
on  the  9th  day  of  July,  1776,  aforesaid,  and  who,  since  that  time, 
have  accepted,  held,  or  exercised  any  office,  commission,  or  appoint- 
ment in  the  board  or  boards  of  pohce  instituted  and  established  in 
the  southern  district  of  this  State  during  the  late  war,  by  virtue  of, 
and  under  authority  derived  from  the  King  of  Great  Britain  ;  and 
also  every  person  or  persons  whatsoever,  who,  being  resident  in  this 
State,  or  any  other  of  the  United  States,  on  the  9th  day  of  July,  in 
the  year  1776,  aforesaid,  and  who,  since  that  time,  have  accepted, 
received,  held,  or  exercised  any  oflice,  commission,  or  appointment 
whatsoever  in  the  Court  of  Admiralty,  instituted  and  established  in 
the  southern  district  of  this  State  during  the  late  war,  by  virtue  of 
authority  derived  from  the  King  of  Great  Britain  as  aforesaid  ;  and 
also,  all  and  every  person  or  persons  whatsoever,  who  being  resident 
in  any  of  the  United  States,  except  this  State,  on  the  9th  day  of 
July,  1776,  aforesaid,  and  who  at  any  time  since  that  day,  and 
during  the  late  war,  have  fled  or  removed  from  such  of  the  said 
States  of  which  such  person  or  persons  were  respectively  resident  on 
the  9th  day  of  July,  aforesaid,  and  who  have  gone  over  to,  joined, 
or  put  himself  or  themselves  under  the  po\\'er  or  protection  of,  the 
fleets  or  armies  of  the  King  of  Great  Britain  aforesaid,  and  all  and 
every  person  and  persons  who,  being  resident   in   this  State  on  the 


633  JOHN  ADAMS-JOHN  JAY. 

9th  day  of  July,  1776,  aforesaid,  and  \vho,  since  that  day,  have 
voluntarily  gone  over  to,  remained  with,  or  joined  the  fleets  and 
armies  of  the  King  of  Great  Britain  aforesaid,  at  any  time  during  the 
late  war,  who  has  or  have  left  this  State  on  or  before  the  10th  day 
of  December,  in  the  year  of  our  Lord  1783,  and  who  have  not 
returned,  and  who  shall  hereafter  be  found  within  this  State  ;  such 
person  or  persons  so  found  shall  be,  on  conviction  thereof,  adjudged 
guilty  of  misprision  of  treason. 

"  Provided  alivays,  That  nothing  in  this  act  contained  shall  be 
taken  or  deemed  to  affect  any  person  who,  at  the  time  of  committing 
any  of  the  offences  aforesaid,  was  a  minor,  under  sixteen  years  of 
age,  or  a  person  insane. 

'' And  provided  also,  That  it  shall  and  may  be  lawful  for  any 
such  person  or  persons,  whose  estates,  respectively,  may  be  attached 
by  any  law  of  this  State,  and  advertisement  made  thereof  agreeably 
to  such  laws,  to  come  and  remain  within  this  State  for  so  long  a 
time  as  may  be  absolutely  necessary  to  defend  his,  her,  or  their 
suit ;  anything  in  this  act  to  the  contrary  thereof  in  any  wise 
notwithstanding. 

"  And  be  it  further  enacted  hy  the  authority  aforesaid,  That 
all  and  every  person  or  persons  falling  under  any  of  the  descriptions 
hereinbefore  mentioned,  and  the  descriptions  mentioned  in  the  twelfth 
section  of  the  act  entitled  '  An  act  to  regulate  elections  within  this 
State,'  passed  the  '27th  day  of  March,  1788,  and  who  has  or  have 
not  left  this  State,  are  hereby  forever  disqualified  and  rendered 
incapalile  of  holding,  exercising,  or  enjoying  any  legislative,  judicial, 
or  executive  office  or  place  whatsoever  within  this  State,  and  shall, 
and  hereby  is  and  are  forever  disqualified  and  incapacitated  to  elect 
or  vote,  either  by  ballot  or  viva  voce,  at  any  election,  to  fill  any 
office  or  place  whatsoever  within  this  State.  And  if  any  person 
shall  offer  himself  as  an  elector  at  any  election  hereafter  to  be 
holden,  for  an  office  or  place  within  -this  State,  and  shall  be 
suspected  or  rhargfd  to  be  within  any  of  tlie  descriptions  aforesaid, 
it  shall  be  lawful  for  the  inspectors  or  suj)erinlendents  (as  the  case 
may  be)  to  in'iuirc  into  and  determine  the  fact  w  JKTcof  such  person 
shall  b(;  suspected,  or  whennvith  he  shall  l)e  charged,  as  the  cause 
of  disqualification  aforesaid,  on  the  oath  of  one  or  more  witness  or 
witnesses,  or  on  the  oath  of  the  party  so  suspected  or  charged,  at 
their  discretion  ;    and,   if  such  fact  shall,    in    the  judgment  of  the 


DIPLOMATIC  CORRESPONDENCE.  639 

inspectors  or  superintendents,  be  established,  it  shall  be  lawful  for 
them,  and  they  are  hereby  required,  to  reject  the  vote  of  such 
persons  at  such  election  :  Provided  always,  That  if  it  shall  appear, 
to  the  satisfaction  of  the  inspectors  or  superintendents,  at  any  election? 
that  any  person  offering  himself  as  an  elector  has,  during  the  late 
war,  within  the  southern  district,  by  fear  or  compulsion,  accepted, 
held,  or  exercised  any  such  office,  commission,  or  appointment,  or 
may  have  involuntarily  done  any  act  or  acts  which,  by  the  said 
section,  would  have  disquaUfied  him  from  holding  any  office,  or  from 
being  an  elector,  had  the  same  been  voluntarily  done,  and  that  such 
person  otherwise  has  unifomily  behaved  as  a  friend  to  the  freedom 
and  independence  of  the  United  States,  the  inspector  shall  admit 
such  person  to  give  his  vote  at  any  such  election,  anything  in  this 
act  to  the  contrary  notwithstanding. 

''Whereas,  a  very  respectable  number  of  citizens  of  this  State, 
well  attached  to  the  freedom  and  independence  thereof,  have 
entreated  the  Legislature  to  extend  mercy  to  persons  hereinafter 
mentioned,  and  to  restore  them  to  their  country : 

"  Be  it  therefore  enacted  by  the  authority  aforesaid,  That  Gysbert 
Marselius,  Henry  Staats,  John  Stevenson,  Henry  Van  Dyck,  John 
Van  Allen,  Henry  Van  Schaack,  David  Van  Schaack,  Harman 
Pruyn,  William  Rea,  Myndert  Viele,  William  Lupton,  Cadwallader 
Colden,  Walter  Dubois,  Cornelius  Luyster,  Andrew  Graham,  John 
Thurman,  Samuel  Fowler,  Joseph  INIabbit.  John  Green,  Dirck  Van 
Vlect,  Jost  Garrison,  John  Booth,  Rolef  Elting,  Solomon  Elting, 
Richard  Harrison,  James  Smith,  and  Benjamin  Lapham,  shall  be,  and 
every  of  them  are,  hereby  permitted  to  return  to  and  reside  within  this 
State,  without  any  molestation,  and  therein  to  remain  until  the  end  of 
the  next  meeting  of  the  Legislature,  or  until  further  legislative  pro- 
vision shall  be  made  in  the  premises,  anything  in  the  act  entitled  '  An 
act  more  effectually  to  prevent  the  mischiefs  arising  from  the  influence 
and  example  of  persons  of  equivocal  and  suspected  character  in  this 
State,'  passed  the  30th  day  of  June,  1778,  to  the  contrary  thereof  in 
anywise  notwithstanding." 

This  intemperate  act  was  passed  after  the  treaty  had  been  ratified 
by  both  nations,  and  most  clearly  violates  the  sixth  article  in  various 
respects,  too  obvious  and  decided  to  require  enumeration  or  dis- 
cussion. 


640  JOHN  ADAMS-JOHN  JAY. 

Your  Secretary  has  reason  to  believe  that  there  arc  some  other 
acts  not  particularized  in  the  list  of  grievances,  which,  on  being  com- 
pared with  the  treaty,  would  appear  in  some  respects  inconsistent 
with  it ;  but  as  the  principles  applied  by  this  report  to  the  other  acts 
will  also  apply  to  all  of  the  Uke  kind,  he  thinks  the  investigation 
may  here  be  concluded  with  propriety. 

From  the  aforegoing  review  of  the  several  acts  complained  of,  it  is 
manifest  that  the  4th  and  Oth  articles  of  the  treaty  have  been 
violated  by  certain  of  them. 

The  next  inquiry  in  order  seems  to  be,  whether  these  violations 
can  be  justified  or  excused  by  any  prior  ones  on  the  part  of  Britain. 

There  is  no  doubt  but  tliat  Britain  has  violated  the  7th  article, 
which  provides  that  his  Britannic  Majesty  shall,  with  all  convenient 
speed,  and  without  causing  any  destruction  or  carrying  away  any 
negroes  or  other  property  of  the  American  inhabitants,  withdraw  all 
his  armies,  garrisons,  and  fleets,  from  the  said  United  States,  and  from 
every  port,  place,  and  harbor,  within  the  same. 

The  violations  of  these  articles  alluded  to  are  these,  viz : 

1.  That,  on  the  evacuation  of  New  York,  negroes  belonging  to 
American  inhabitants  wcvv,  carried  away. 

2.  That  his  Britannic  IMajesty's  garrisons  have  not  been  withdrawn 
from,  but  still  keep  possession  of,  certain  posts  and  places  within  the 
United  States. 

AVith  respect  to  the  negroes,  it  may  |je  proper  to  distinguish  diem 
into  three  classes : 

1.  Such  as  in  the  course  of  the  war  were  captured  and  disposed 
of  as  booty  by  the  enemy. 

2.  Such  as  remained  willi  and  belonged  to  American  inhabitants 
within  the  British  lines. 

.'i.  Such  as,  confiding  in  jjroclamations  and  promises  of  freedom 
and  pn)t(;ction,  fled  from  tlieir  masters  without,  and  were  received 
and  pr(;l(;cted  within,  the  ]Jriti.sh  cam})s  and  lines. 

The  stipulation  "  not  to  carry  away  any  negroes  or  other  property 
of  the  American  inhabitants"  cannot,  in  the  opinion  of  your  Secre- 
tary, be  construed  to  extend  to  and  comprehend  the  first  class. 

By  the  laws  of  war,  all  goods  and  chattels  captured  and  made 
hooly ,  Jlajrrantc  btUo,  bc^come  the  j)roperty  of  the  caj)tors.  Whether 
men  ran  be  so  degraded  as,  uiidcr  any  circumstances,  to  l)e  with 
propritjty   denominated   goods   and   chatl<ls,   and,   under   lliat   idea, 


\ 


DIPLOMATIC  CORRESPONDENCE.  641 

capable  of  becoming  booty,  is  a  question  On  which  opinions  are 
unfortunately  various,  even  in  countries  professing  Christianity  and 
respect  for  the  rights  of  mankind.  Certain  it  is  that  our  laws  assert, 
and  Britain,  by  this  article,  as  well  as  by  her  practice,  admits  that 
man  may  have  property  in  man.  If  so,  it  is  as  fair  reasoning  to 
conclude  that  this,  like  other  moveable  property,  is  capable  of 
changing  owners  by  capture  in  war.  The  article  places  "  negroes 
and  other  property  of  the  American  inhabitants"  on  the  same  footing; 
so  that  if  it  means  that  captured  negroes  shall  not  be  carried  away, 
it  must  also  mean  that  no  other  captured  property  shall  be  carried 
away ;  which  would,  in  other  words,  amount  to  an  agreement  that 
the  British  fleet  and  army  should  leave  behind  all  the  booty  then  in 
this  country  which  they  had  taken  from  American  inhabitants  at  any 
period  of  the  war. 

It  would  be  a  task  beyond  the  abilities  of  your  Secretary  to  raise 
such  a  construction  of  the  article,  on  any  principles  capable  of 
supporting  it. 

As  to  the  second  class,  to  wit,  such  as  belonged  to,  and  remained 
with  American  inhabitants  within  the  British  lines :  They  seem 
clearly  to  be  within  the  design  and  meaning  of  the  article ;  for  as 
the  enemy  had  never  taken  them  from  their  masters,  nor  treated 
them  as  booty,  the  property  remained  unchanged;  and  the  like 
reasoning  applies  to  all  other  negroes  kept  as  slaves  within  their 
lines,  and  respecting  whom  the  enemy  had  done  no  act  which 
divested  their  masters  of  the  property. 

Your  Secretary  also  thinks  that  the  third  class  are  clearly  com- 
prehended in  the  article,  and  for  the  same  reasons,  viz :  because 
they  still  remained,  as  much  as  ever,  the  property  of  their  masters. 
They  could  not,  by  merely  flying  or  eloping,  extinguish  the  right  or 
title  of  their  masters ;  nor  was  that  title  destroyed  by  their  coming 
into  the  enemy's  possession,  for  they  were  received,  not  taken  by 
the  enemy ;  they  were  received,  not  as  slaves,  but  as  friends  and 
freemen.  By  no  act,  therefore,  either  of  their  owner  or  of  their 
friends,  was  the  right  of  their  masters  taken  away ;  so  that,  being 
the  property  of  American  inhabitants,  it  was  an  infraction  of  the  7th 
article  of  the  treaty  to  carry  them  away. 

Whenever  the  conduct  of  nations  or  of  individuals  becomes  the 
subject  of  investigation,  truth  and  candor  should  direct  the  inquiry. 
The  circumstances  under  which  the  last  mentioned  negroes  were 
Vol.  II. — 41 


64-2  JOHN  ADAMS- JOHN  JAY. 

carried  away  make  a  strong  impression  on  the  mind  of  your  Secre- 
tary, and  place  that  transaction  before  him  in  a  point  of  view  less 
unfavorable  to  Britain  than  it  appears  in  to  his  countrymen  in 
general.  He  is  aware  that  he  is  about  to  say  unpopular  things,  but 
higher  motives  than  personal  considerations  press  him  to  proceed. 

If  a  war  should  take  place  between  France  and  Algiers,  and,  in 
the  course  of  it,  France  should  invite  the  American  slaves  there  to 
nm  away  from  their  masters,  and  actually  receive  and  protect  them 
in  their  camp,  what  would  Congress,  and,  indeed,  the  world,  think 
and  say  of  France,  if,  on  making  peace  with  Algiers,  she  should 
give  up  those  American  slaves  to  their  former  Algerine  masters  ?  Is 
there  any  other  difference  between  the  two  cases  than  this,  viz :  that 
the  American  slaves  at  Algiers  are  white  people,  whereas  the  African 
slaves  at  i\ew  York  were  black  people  ? 

It  may  be  said  that  these  remarks  are  made  out  of  season  ;  for 
whether  they  be  well  or  ill-founded,  the  fact  is,  that  Britain  expressly 
agreed  to  give  them  up,  and  therefore  ought  to  have  done  it. 

How  far  an  obligation  to  do  wrong  may,  consistent  with  morality, 
be  so  modified  in  the  execution  as  to  avoid  doing  injury,  and  yet  do 
essential  justice,  merits  consideration.  By  the  agreement,  Britain 
bound  herself  to  do  great  wrong  to  these  slaves,  and  yet,  by  not 
executing  it,  she  would  do  great  wrong  to  their  masters.  This  was 
a  painful  dilemma  ;  for  as,  on  the  one  hand,  she  had  invited,  tempted, 
and  assisted  these  slaves  to  escape  from  their  masters,  and,  on 
escaping,  had  received  and  protected  them,  it  would  have  been 
cruelly  perfidious  to  have  afterwards  delivered  them  up  to  their 
former  bondage,  and  to  the  severities  to  which  such  slaves  are  usually 
subjected ;  so,  on  the  oilier  hand,  after  contracting  to  leave  these 
slaves  to  their  masters,  tiicn  to  refuse  to  execute  that  contract,  and, 
in  the  face  of  it,  to  carry  them  away,  would  have  been  highly  incon- 
sistent with  justice  and  good  faith. 

But  one  way  appears  to  your  Secretary  in  which  Britain  could 
cxtrif-ate  herself  from  these  embarrassments  ;  that  was,  to  keep  faith 
with  the  slaves  by  carrying  liiem  away,  and  to  do  substantial  justice 
to  their  masters  by  paying  them  the  value  of  those  slaves.  In  tliis 
way,  neither  could  have  just  cause  to  complain  ;  for,  although  no 
price  can  ronipensate  a  man  for  bondage  for  life,  yet  every  master 
may  Ije  compensated  for  a  runaway  slave. 

In  the  opinion,  therefore,  of  your  Secretary,  Great  Britain  ought 


DIPLOMATIC  CORRESPONDENCE.  643 

to  stand  excused  for  having  carried  away  these  slaves,  provided  she 
pays  the  full  value  of  them ;  and  on  this  he  thinks  the  United  States 
may  with  great  propriety  and  justice  insist ;  indeed,  there  is  an 
intimation  in  one  of  Mr.  Adams's  letters  that  the  British  Minister 
did  not  ohject  to  it. 

But,  however  capable  of  palliation  the  conduct  of  Britain  respect- 
ing these  negroes  may  be,  it  unquestionably  was  an  infraction  of  the 
7th  article. 

It  is  equally  clear  that  her  continuing  to  hold  the  posts,  from 
which,  by  that  article,  she  agreed  to  withdraw  her  garrisons,  is  also 
a  decided  violation  of  the  treaty. 

It  appears,  then,  that  there  are  violations  of  the  treaty  justly 
chargeable  on  both  parties ;  but  as  the  present  inquiry  is,  whether 
our  violations  can  be  justified  by  antecedent  ones  on  the  part  of 
Britain,  their  respective  dates  must  be  ascertained. 

It  is  but  just  to  observe  that  Britain  withdrew  her  fleet  and  army 
from  New  York  before  the  treaty  was  ratified.  She  evacuated  that 
place  on  the  25th  November,  1783,  and  it  was  not  until  the  next 
year  that  the  treaty  was  ratified. 

The  first  violation  that  (to  the  knowledge  of  your  Secretary)  we 
complain  of  happened  when  the  British  forces  left  New  York  ;  for  they 
then  carried  away  with  them  the  negroes  in  question.  So  that  the  first 
violation  on  the  part  of  Britain  was  on  the  25th  November,  1783. 

The  famous  trespass  act  of  New  York  was  passed  17th  March, 
1783,  and  is  still  in  force. 

The  act  of  Pennsylvania  which  impeded  the  recovery  of  British 
debts,  was  passed  12th  March,  1783. 

The  ordinance  of  South  Carolina  for  disposing  of  certain  estates, 
&.C.,  was  passed  17th  March,  1783. 

All  these  acts  were  in  force  on  and  long  after  the  day  of  the  date 
of  the  treaty,  viz:  3d  September,  1783. 

In  whatever  light,  therefore,  deviations  fi'om  the  treaty,  prior  to  its 
final  conclusion  and  ratification,  may  be  viewed,  it  is  certain  that 
deviations  on  our  part  preceded  any  on  the  part  of  Britain ;  and, 
therefore,  instead  of  being  justified  by  them,  afford  excuse  to  them. 

As  to  the  detention  of  our  posts,  your  Secretary  thinks  that  Britain 
was  not  bound  to  surrender  them  until  we  had  ratified  the  treaty. 

Congress  ratified  it  14th  January,  1784,  and  Britain  on  the  9th 
April  following. 


644  JOHN  ADAMS— JOHX  JAY. 

From  that  time  to  this  the  4th  and  6th  articles  of  the  treat)'  have 
been  constantly  violated  on  our  part  by  legislative  acts  then  and  still 
existing  and  operating. 

Under  such  circumstances,  it  is  not  a  matter  of  surprise  to  your 
Secretary  that  the  posts  are  detained  ;  nor.  in  his  opinion,  would 
Britain  be  to  blame  in  contmuing  to  hold  them,  until  America  shall 
cease  to  impede  her  enjoying  every  essential  right  secured  to  her  and 
her  people  and  adherents  by  the  treaty. 

Your  Secretar}'  has  heard  another  reason  or  excuse  assigned  to 
justify  deviating  from  the  4th  article,  and  restraining  British  creditors 
in  the  recovery  of  their  debts,  viz :  that  by  giving  time  to  the  debtor, 
he  became  more  able  to  pay  the  debt ;  and  as  that  additional  ability 
was  a  benefit  to  the  creditor,  the  latter  ought  not  to  complain  of  the 
restraint  which  produced  it. 

Although  this  argument  may  be  somewhat  ingenious,  it  unfortu- 
nately proves  too  much.  By  the  treaty  a  British  creditor  has  a 
right  to  sue  when  he  pleases ;  and  by  the  common  law  a  farmer  has 
a  right  to  plough  when  he  pleases ;  a  merchant  to  send  out  his 
vessels  when  he  pleases :  and  eveiy  man  to  eat  and  drink  when  he 
pleases. 

Admit  that  a  British  creditor  would  do  better  to  delay  his  suits ; 
that  a  farmer  was  about  to  plough  in  an  improper  season  or  manner ; 
that  a  merchant  had  ordered  his  vessels  to  sea  when  a  hurricane 
was  expected;  or  that  a  certain  gentleman  injured  his  health  by 
intemperance — admit  these  facts,  would  it  thence  follow  that  every 
or  any  good-natured  officious  man,  who  might  think  himself  more 
judicious  and  prudent,  has  a  right  to  hinder  the  creditor  from  suing, 
the  farmer  from  ploughing,  the  merchant  from  despatching  his 
vessels,  or  the  bon  vivont  from  indulging  his  appetite?    Surely  not. 

In  short,  as  your  Secretary  is  uninformed  of  any  facts  or  matters 
that  can  justify  the  violations  on  our  part,  the  only  question  which 
seems  to  remain  to  be  considered  is.  What  is  to  be  done  ?  The 
United  States  in  Congress  assembled  have  neither  committed  nor 
approved  of  any  violations  of  the  treaty.  To  their  conduct  no 
exceptions  are  taken  ;  but  to  their  justice  an  appeal  is  made  relative 
to  the  conduct  of  particular  States.  The  United  States,  however, 
must  eventually  answer  for  the  conduct  of  their  respective  members ; 
and  for  that  and  other  reasons  suggested  by  the  nature  of  their 
sovereignty  and  the  Articles  of  Confederation,  your  Secretary  thinks 


DIPLOMATIC  CORRESPONDENCE.  645 

they  have  good  right  to  msist,  and  require  that  national  faith  and 
national  treaties  be  kept  and  observed  throughout  the  Union ;  for, 
otherwise,  it  would  be  in  the  power  of  a  particular  State,  by  injuries 
and  infraction  of  treaties,  to  involve  the  whole  Confederacy  in 
difficulties  and  war. 

In  his  opinion  it  would  highly  become  the  dignity  of  the  United 
States  to  act  on  such  occasions  with  the  most  scrupulous  regard  to 
justice  and  candor  towards  the  injured  nation,  and  with  equal  moder- 
ation and  decision  towards  the  delinquent  State  or  States.  In  the 
present  case,  he  thinks  it  would  be  proper  to  resolve,  1st.  That  the 
Legislatures  of  the  several  States  cannot,  of  right,  pass  any  act  or 
acts  for  interpreting,  explaining,  or  construing  a  national  treaty,  or 
any  part  or  clause  of  it ;  nor  for  restraining,  limiting,  nor  in  any 
manner  impeding,  retarding,  or  counteracting  the  operation  and 
execution  of  the  same ;  for  that,  on  being  constitutionally  made, 
ratified,  and  published,  they  become,  in  virtue  of  the  Confederation, 
part  of  the  law  of  the  land,  and  are  not  only  independent  of  the 
will  and  power  of  such  Legislatures,  but  also  binding  and  obligatory 
on  them.  2d.  That  all  such  acts,  or  parts  of  acts,  as  may  be  now 
existing  in  either  of  the  States,  repugnant  to  the  treaty  of  peace, 
ought  to  be  forth\\-ith  repealed,  as  well  to  prevent  their  continuing 
to  operate  as  violations  of  that  treaty,  as  to  avoid  the  disagreeable 
necessity  there  might  otherwise  be  of  raising  and  discussing  questions 
touching  their  validity  and  obligation.  3d.  That  it  be  recommended 
to  the  several  States  to  make  such  repeal  rather  by  describing  than 
reciting  the  said  acts ;  and  for  that  purpose  to  pass  an  act  declaring, 
in  general  terms,  that  all  such  acts  and  parts  of  acts  repugnant  to  the 
treaty  of  peace  between  the  United  States  and  his  Britannic  ]\Iajesty, 
or  any  article  thereof  shall  be,  and  are  thereby,  repealed ;  and  that  the 
courts  of  law  and  equity,  in  all  causes  and  questions  cognizable  by 
them  respectively,  and  arising  from  or  touching  the  said  treaty,  shall 
decide  and  adjudge  according  to  the  true  intent  and  meaning  of  the 
same,  anything  in  the  said  acts  or  parts  of  acts  to  the  contrar}-  thereof 
in  anywise  notwithstanding. 

The  two  first  of  these  proposed  resolutions  do  not  appear  to  your 
Secretary  to  require  any  comment. 

He  thinks  the  third  would  be  expedient,  for  several  reasons. 

As  it  is  general,  and  points  to  no  particular  State,  it  cannot  wound 
the  feelings  of  any. 


646  JOHN  ADAMS-JOHN  JAY. 

The  general  law  It  recommends  he  thinks  preferable  to  a  minute 
enumeration  of  the  exceptionable  acts  and  clauses  ;  because  either 
omissions  might  accidentally  be  made  in  the  enumeration,  or  questions 
might  be  agitated,  and  perhaps  improperly  determined,  respecting 
this  or  that  act  or  clause,  which  some  may  think  exceptionable, 
and  others  not.  By  repealing  in  general  terms,  and  obliterating  all 
exceptionable  acts  and  clauses,  as  it  were  by  one  stroke  of  the  pen, 
the  whole  business  will  be  turned  over  to  its  proper  department,  viz  : 
the  judicial;  and  the  courts  of  law  will  find  no  difficulty  in  deciding 
whether  any  particular  act  or  clause  is  or  is  not  repugnant  to  the 
treaty.  When  it  is  considered  that  the  judges  in  general  are  men  of 
character  and  learning,  that  they  stand  in  responsible  situations,  and 
feel  as  well  as  know  the  obligations  of  office  and  the  value  of  reputa- 
tion, there  is  reason  to  presume  that  their  conduct  and  judgments 
relative  to  these,  as  well  as  other  judicial  matters,  will  be  wise  and 
upright. 

Your  Secretary  also  thinks  that,  in  case  these  resolutions  should 
be  adopted,  it  would  be  proper  that  a  circular  letter  from  Congress 
should  accompany  copies  of  them  to  the  States ;  but  as  the  forming 
a  drauglit  or  plan  of  such  a  letter  seems  not  to  belong  to  the  Depart- 
ment of  Foreign  Affairs,  he  forbears  to  report  one. 

He  is  further  of  opinion  that  a  copy  of  this  report  should  be 
transmitted  to  the  Minister  Plenipotentiary  of  the  United  States  at 
the  Court  of  London,  for  his  information  ;  and  that  he  be  instructed 
candidly  to  admit  that  the  4th  and  6th  articles  of  the  treaty  have 
been  violated  in  America,  as  well  as  the  7th  has  on  the  part  of  Great 
Britain  ;  that  he  inform  his  Britannic  Majesty  that  the  United  States 
are  taking  efficacious  measures  for  removing  all  cause  of  complaint 
on  their  part.  That  he  also  be  authorized  to  propose  and  conclude, 
in  the  name  and  behalf  of  the  United  States,  a  convention  with  his 
Majesty,  whereby  it  shall  be  agreed  that  the,  value  of  the  negroes,  or 
oiIkt  American  property  carried  away  contrary  to  the  7th  article,  be 
cstimatt.'d  by  commissioners,  and  paid  for  ;  and  that  the-  said  j):)yment, 
together  with  a  surrender  of  all  the  posts  and  places  now  held  liy  his 
Majesty  within  the  limits  of  tiie  United   Slates,  shall  he  made  within 

months  after  all  the  acts  and  parts  of  acts  existing  in  the  several 

States,  and  which  violate  the  treaty,  are  repealed,  and  due  notice 
thereof  given. 

That  he  be  also  instructed  to  assure  his  iMajesty  that  it  will  always 


DIPLOMATIC  CORRESPONDENCE.  647 

give  pleasure  to  Congress  fairly  and  candidly  to  discuss  and  accom- 
modate every  difference  or  complaint  that  may  arise  relative  to  the 
construction  or  the  performance  of  the  treaty.  That  they  are 
determined  to  execute  it  with  good  faith  ;  and  that  as  this  is  the  only 
instance  in  which  any  complaints  of  that  kind  have  ever  come  regu- 
larly before  them,  they  flatter  themselves  that  the  frankness  and 
candor  of  their  conduct  on  this  occasion  will  create  in  him  the  same 
confidence  in  the  purity  of  their  intentions  which  they  repose  in  his 
assurance,  "  that  whenever  America  shall  manifest  a  real  determina- 
'  tion  to  fulfil  her  part  of  the  treaty,  Great  Britain  will  not  hesitate 
'  to  cooperate  in  whatever  points  depend  upon  her  for  carrying  every 
'  article  into  real  and  complete  efiect." 

It  might  also  be  well  to  instruct  Mr.  Adams  to  endeavor  to  have 
an  article  inserted  in  the  convention  for  the  remission  of  the  interest, 
or  a  portion  of  it,  which  became  due  on  private  contracts  during  the 
war;  but  your  Secretary  apprehends,  from  the  general  and  great 
impropriety  of  such  interference  with  private  contracts,  that  his 
endeavors  would  be  fruitless.  He  also  thinks  it  might  be  proper  to 
instmct  Mr.  Adams  to  obtain,  if  possible,  an  article  to  fix  the  true 
construction  of  the  declaration  for  ceasing  hostilities,  and  stipulating 
that  compensation  be  made  for  all  captures  contrary  to  it ;  but  he 
likewise  fears  that  as  this  may  be  considered  as  a  judicial  question, 
and  as  the  balance  of  the  captures  so  circumstanced  is  in  favor  of 
Great  Britain,  her  consent  to  such  an  article  would  not  be  easy  to 
obtain. 

It  appears  to  your  Secretary  that  this  system  ought  to  give  perfect 
satisfaction  to  the  Court  of  London,  unless  perhaps  in  one  point,  viz: 
that  the  individuals  who  have  sufiered  by  our  violations  are  left 
without  compensation  for  their  losses  and  suffering. 

Although  strict  justice  requires  that  they  who  have  wrongfully 
suffered  should,  as  far  as  possible,  receive  retribution  and  compensa- 
tion ;  yet,  as  it  would  be  very  difficult,  if  practicable,  to  prevail  on 
the  States  to  adopt  such  a  measure,  he  thinks  it  best  to  be  silent 
about  it,  especially  as  the  United  States  have  neither  the  power  nor 
the  means  of  doing  it  without  their  concurrence. 

Besides,  as  the  detention  of  the  posts  has  been,  and  continues 
injurious  to  the  United  States,  the  consequences  of  the  respective 
violations  may  be  set  against  each  other ;  and  although  the  account 
may  not  be  exactly  balanced,  yet  it  cannot  be  well  expected  that,  in 


648  JOHN  ADAMS— JOHX  JAY. 

affairs  of  such  magnitude,  the  same  regard  can  be  had  to  minutiae  as 
in  transactions  between  individuals. 

This  report  is  on  a  subject  no  less  new  and  singular  than  important. 
Your  Secretary  is  not  conscious  of  any  errors  in  it,  and  yet  there  may 
be  some.  He  hopes  the  facts  are  not  mistaken  or  misstated.  He 
believes  his  reasoning  on  them  to  be  just ;  and  he  flatters  himself 
whatever  mistakes  relative  to  either  may  be  discovered,  that  they 
will  be  treated  with  candor,  and  ascribed  neither  to  want  of  attention 
nor  of  care,  but  to  that  fallibility  from  which  few,  if  any  even  of  the 
wisest  and  most  able,  are  wholly  exempt. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


Extract  from  the  Secret  Journal,  March  21,  1T8T. 

On  the  report  of  the  Secretary  of  the  United  States  for  the 
Department  of  Foreign  Affairs,  to  whom  was  referred  a  letter  of  the 
4th  March,  1786,  from  INIr.  J.  Adams,  Minister  Plenipotentiary  of 
the  United  States  of  America  at  the  Court  of  London,  together  with 
the  memorial  of  the  said  Minister,  dated  the  30th  November,  1785, 
and  presented  by  him  on  the  8th  December  following  to  his 
Britannic  Majesty's  Secretary  of  State,  and  the  answer  received  by 
Mr.  Adams  to  the  said  memorial,  and  contained  in  a  letter  from  said 
Secretary  of  State,  dated  at  St.  James's,  February  28lh,  1786,  and 
other  papers  accompanying  the  same — 

Congress  unanimously  agreed  to  the  following  resolutions : 

Resolved,  That  the  Legislatures  of  the  several  States  cannot,  of 
right,  pass  any  act  or  acts  for  interpreting,  explaining,  or  construing 
a  national  treaty,  or  any  part  or  clause  of  it ;  nor  for  restraining, 
limiting,  nor  in  any  manner  impeding,  retarding,  or  counteracting  the 
operation  and  execution  of  the  same ;  for  that,  on  being  constitu- 
tionally ina(l<\  ratified,  and  published,  tliey  become,  in  virtue  of  the 
Confederation,  jiart  of  the  law  of  the  land,  and  arc  not  only  inde- 
pendent of  tlie  will  and  power  of  such  Legislatures,  but  also  binding 
and  obligatory  on  tlu-m. 

Resolved,  That  all  such  acts,  or  parts  of  acts,  as  may  be  now 
oxisiinj,'  in  any  of  tlie  States  rei)ugnant  to  tlie  treaty  of  jieaee,  ought 
to  b«;  forthwith  repealed,  as  well  to  prevent  their  continuing  to  be 


DIPLOMATIC  CORRESPONDENCE.  649 

regarded  as  violations  of  that  treaty  as  to  avoid  the  disagreeable 
necessity  there  might  otherwise  be  of  raising  and  discussing  questions 
touching  their  validity  and  obligation. 

Resolved,  That  it  be  recommended  to  the  several  States  to  make 
such  repeal  rather  by  describing  than  reciting  the  said  acts ;  and 
for  that  purpose  to  pass  an  act  declaring,  in  general  terms,  that  all 
such  acts,  and  parts  of  acts,  repugnant  to  the  treaty  of  peace  between 
the  United  States  and  his  Britannic  Majesty,  or  any  article  thereof, 
shall  be,  and  thereby  are,  repealed ;  and  that  the  courts  of  law  and 
equity,  in  all  causes  and  questions  cognizable  by  them  respectively, 
and  arising  from  or  touching  the  said  treaty,  shall  decide  and  adjudge 
according  to  the  true  intent  and  meaning  of  the  same,  anything  in 
the  said  acts  or  parts  of  acts  to  the  contrary  thereof  in  anywise 
notwithstandino;. 


DRAUGHT    OF    CIRCULAR    LETTER   TO    THE    GOVERNORS    OF    STATES. 

Office  for  Foreign  Affairs,  April  6,  17S7. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  in  pursuance  of  the  order  of  Congress  directing  him  to 
report  the  draught  of  a  letter  to  the  States,  to  accompany  the 
resolutions  in  his  report  of  13th  October  last,  on  a  letter  of  4th 
March,  1786,  from  the  Honorable  John  Adams,  Esq.,  reports  the 
following,  viz: 

To  his  Excellency  the  Governor  of : 

Sir, 

Our  Secretary  for  Foreign  Affairs  has  transmitted  to  you  copies 
of  a  letter  to  him  from  our  Minister  at  the  Court  of  London,  of  the 
4th  day  of  March,  1T86,  and  of  the  papers  mentioned  to  have  been 
enclosed  with  it. 

We  have  deliberately  and  dispassionately  examined  and  considered 
the  several  facts  and  matters  urged  by  Britain  as  infractions  of  the 
treaty  of  peace  on  the  part  of  America ;  and  we  regret  that  in  some 
of  the  States  too  little  attention  appears  to  have  been  paid  to  the 
public  faith  pledged  by  that  treaty. 

Not  only  the  obvious  dictates  of  religion,  morality,  and  national 
honor,  but  also  the  first  principles  of  good  policy,  demand  a  candid 


650  JOHN  ADAMS-JOHN  JAY. 

and  punctual  compliance  with  engagements  constitutionally  and 
fairly  made. 

Our  national  Constitution  having  committed  to  us  the  management 
of  the  national  concerns  with  foreign  States  and  Powers,  it  is  our 
duty  to  take  care  that  all  the  rights  which  they  ought  to  enjoy  within 
our  jurisdiction,  by  the  laws  of  nations  and  the  faith  of  treaties, 
remain  inviolate ;  and  it  is  also  our  duty  to  provide  that  the  essential 
interests  and  peace  of  the  whole  Confederacy  be  not  impaired  or 
endangered  by  deviations  from  the  line  of  public  faith,  into  which 
any  of  its  members  may,  from  whatever  cause,  be  unadvisedly 
drawn. 

Let  it  be  remembered  that  the  thirteen  independent  sovereign 
States  have,  by  express  delegation  of  power,  formed  and  vested  in 
us  a  general  though  limited  sovereignty,  for  the  general  and  national 
purposes  specified  in  the  Confederation.  In  this  sovereignty  they 
cannot  severally  participate,  (except  by  their  delegates.)  nor  with 
it  have  concurrent  jurisdiction  ;  for  the  ninth  article  of  the  Confede- 
ration most  expressly  conveys  to  us  the  sole  and  exclusive  right  and 
power  of  determining  on  war  and  peace,  and  of  entering  into  treaties 
and  alliances,  &:.c. 

When,  therefore,  a  treaty  is  constitutionally  made,  ratified,  and 
published  by  us,  it  immediately  becomes  binding  on  the  whole 
nation,  and  superadded  to  the  laws  of  the  land,  without  the  interven- 
tion or  fiat  of  State  Leijislatures.  Treaties  derive  their  obligation 
from  being  compacts  between  the  sovereign  of  this  and  the  sovereign 
of  another  nation,  whereas  laws  or  statutes  derive  tlieir  force  from 
being  acts  of  a  Legislature  competent  to  the  passing  of  them. 
Hence  it  is  clear  that  treaties  must  be  implicitly  received  and 
observed  by  every  meiuber  of  the  nation  ;  for  as  State  Legislatures 
are  not  competent  to  tlie  making  of  such  compacts  or  treaties,  so 
neither  an;  they  competent,  in  that  capacity,  authoritatively  to  decide 
on  or  ascertain  the  construction  and  sense  of  them.  When  doubts 
arise  respecting  the  construction  of  State  law,  it  is  not  unusual  nor 
improper  for  the  State  Legislatures,  by  explanatory  or  declaratoiy  acts, 
to  remove  those  doubts.  But  the  case  between  laws  and  compacts 
or  treaties  is  in  this  widely  (lilffrent ;  for  when  doubts  arise  resj)ect- 
ing  the  sense  and  meaning  of  a  treaty,  they  are  so  far  from  being 
cognizable  by  a  St:it«;  Legislature,  that  the  United  States,  in 
Congress    assembled,   iiave    no    authority   to    settle    and    determine 


DIPLOMATIC  CORRESPONDENCE.  651 

them ;  for  as  the  Legislature  only,  which  constitutionally  passes  a 
law,  has  power  to  revise  and  amend  it,  so  the  sovereigns  only,  who 
are  parties  to  the  treaty,  have  power,  by  mutual  consent  and 
posterior  articles,  to  correct  or  explain  it. 

In  cases  between  individuals,  all  doubts  respecting  the  meaning  of 
a  treaty,  like  all  doubts  respecting  the  meaning  of  the  law,  are,  in 
the  first  instance,  mere  judicial  questions,  and  are  to  be  heard  and 
decided  in  the  courts  of  justice  having  cognizance  of  the  causes  hi 
which  they  arise,  and  whose  duty  it  is  to  determine  them  according 
to  the  rules  and  maxims  established  by  the  laws  of  nations  for  the 
interpretation  of  treaties.  From  these  principles  it  follows,  of  neces- 
sary consequence,  that  no  individual  State  has  a  right,  by  legislative 
acts,  to  decide  and  point  out  the  sense  in  which  their  particular 
citizens  and  courts  shall  understand  this  or  that  article  of  a  treaty. 

It  is  evident  that  a  contrary  doctrine  would  not  only  militate 
against  the  common  and  established  maxims  and  ideas  relative  to 
this  subject,  but  would  prove  no  less  ludicrous  in  practice  than  it  is 
irrational  in  theory ;  for,  in  that  case,  the  same  article  of  the  same 
treaty  might  by  law  be  made  to  mean  one  thing  in  New  Hampshire, 
another  thing  in  New  York,  and  neither  the  one  nor  the  other  in 
Georgia. 

How  far  such  legislative  acts  would  be  valid  and  obligatory,  even 
within  the  limits  of  the  State  passing  them,  is  a  question  which  we 
hope  never  to  have  occasion  to  discuss.  Certain,  however,  it  is, 
that  such  acts  cannot  bind  either  of  the  contracting  sovereigns,  and, 
consequently,  cannot  be  obligatory  on  their  respective  nations. 

But  if  treaties  and  every  article  in  them  be  (as  they  are  and  ought 
to  be)  binding  on  the  whole  nation ;  if  individual  States  have 
no  right  to  accept  some  articles,  and  reject  others ;  and  if  the 
impropriety  of  State  acts  to  interpret  and  decide  the  sense  and 
construction  of  them  be  apparent,  still  more  manifest  must  be  the 
impropriety  of  State  acts  to  control,  delay,  or  modify  the  operation 
and  execution  of  their  national  compacts. 

When  it  is  considered  that  the  several  States,  assembled  by  their 
delegates  in  Congress,  have  express  power  to  form  treaties,  surely 
the  treaties  so  formed  are  not  afterwards  to  be  subject  to  such  altera- 
tions as  this  or  that  State  Legislature  may  think  expedient  to  make, 
and  that,  too,  without  the  consent  of  either  of  the  parties  to  it ;  that 
is,  in  the  present  case,  without  the  consent  of  all  the  L^nited  States, 


652  JOHN  ADAMS-JOHX  JAY. 

who,  collectively,  are  parties  to  this  treaty  on  the  one  side,  and  his 
Britannic  Majesty  on  the  other.  Were  the  Legislatures  to  possess 
and  to  exercise  such  power,  we  should  soon  be  involved,  as  a  nation, 
in  anarchy  and  confusion  at  home,  and  in  disputes  which  would 
probably  terminate  in  hostilities  and  war  with  the  nations  with  whom 
we  may  have  formed  treaties.  Instances  would  then  be  frequent  of 
treaties  fully  executed  in  one  State,  and  partly  executed  in  another ; 
and  of  the  sam.e  article  being  executed  in  one  manner  in  one  State, 
and  in  a  different  manner,  or  not  at  all,  in  another  State.  History 
furnishes  no  precedent  of  such  liberties  taken  with  treaties,  under 
form  of  law,  in  any  nation. 

Contracts  between  nations,  like  contracts  between  individuals, 
should  be  faithfully  executed,  even  though  the  sword,  in  the  one 
case,  and  the  law  in  the  other,  did  not  compel  it.  Honest  nations, 
like  honest  men,  require  no  constraint  to  do  justice ;  and  though 
impunity  and  the  necessity  of  affairs  may  sometimes  afford  tempta- 
tions to  pare  down  contracts  to  the  measure  of  convenience,  yet  it 
is  never  done  but  at  the  expense  of  that  esteem,  and  confidence, 
and  credit,  which  are  of  infinitely  more  Vi'orth  than  all  the  momentary 
advantages  which  such  expedients  can  extort. 

But  although  contracting  nations  cannot,  like  individuals,  avail 
themselves  of  courts  of  justice  to  compel  performances  of  contracts, 
yet  an  appeal  to  Heaven  and  to  anns  is  always  in  their  power,  and 
often  in  their  inclination.  But  it  is  their  duty  to  take  care  that  they 
never  lead  their  people  to  make  and  support  such  appeals,  unless 
the  sincerity  and  propriety  of  their  conduct  affords  them  good  reason 
to  rely  with  confidence  on  the  justice  and  protection  of  Heaven. 

Thus  much  we  think  it  useful  to  observe,  in  order  to  explain  the 
principles  on  which  we  have  unanimously  come  to  the  following 
resolution,  viz: 

"  Resolved,  That  the  Ledslatures  of  the  several  States  cannot, 
*of  right,  pass  any  act  or  acts  for  interpreting,  explaining,  or 
'constming  a  national  treaty,  or  any  j)art  or  (;lauso  of  it;  nor  for 
'restraining,  limiting,  or  in  any  maimer  impeding,  retarding,  or  coun- 
'  leracting  the  ojjeration  and  execution  of  llie  same;  for  that,  on 
'being  constitutionally  made,  ratified,  and  ijublished,  they  become,  in 
'virtue  of  the  ('onfedcratioii,  part  of  the  law  of  the  land,  and  are  not 
'only  iii(!cpeii(leiit  of  the  will  mid  i)o\ver  of  such  Legislatures,  but 
'also  liinding  and  obligatory  on  them." 


DIPLOMATIC  CORRESPONDENCE.  653 

As  the  treaty  of  peace,  so  far  as  it  respects  the  matters  and  things 
provided  for  in  it,  is  a  law  to  the  United  States,  which  cannot,  by 
all  or  any  of  them,  be  altered  or  changed,  all  State  acts  establishing 
provisions  relative  to  the  same  objects,  which  are  incompatible  v.ith 
it,  must,  in  every  point  of  view,  be  improper.  Sucli  acts  do, 
nevertheless,  exist;  but  we  do  not  think  it  necessary  either  to 
enumerate  them  particularly,  or  to  make  them  severally  the  subjects 
of  discussion.  It  appears  to  us  sufficient  to  observe  and  insist  that 
the  treaty  ought  to  have  free  course  in  its  operation  and  execution, 
and  that  all  obstacles  interposed  by  State  acts  be  removed.  We 
mean  to  act  with  the  most  scrupulous  regard  to  justice  and  candor 
towards  Great  Britain,  and  with  an  equal  degree  of  delicacy, 
moderation,  and  decision  towards  the  States  who  have  given  occasion 
to  these  discussions. 

For  these  reasons,  we  have  in  general  terms — 

'^Resolved,  That  all  such  acts,  or  parts  of  acts  as  may  be  now 
'existing  in  any  of  the  States,  repugnant  to  the  treaty  of  peace, 
'ought  to  be  forthwith  repealed,  as  well  to  prevent  their  continuing 
'  to  be  regarded  as  violations  of  that  treaty  as  to  avoid  the  disagree- 
<able  necessity  there  might  otherwise  be  of  raising  and  discussing 
'questions  touching  their  validity  and  obligation." 

Although  this  resolution  applies  strictly  only  to  such  of  the  States 
as  have  passed  the  exceptionable  acts  alluded  to,  yet,  to  obviate  all 
future  disputes  and  questions,  as  well  as  to  remove  those  which  now 
exist,  we  think  it  best  that  every  State,  without  exception,  should 
pass  a  law  on  the  subject ;  we  have,  therefore, 

"  Resolved,  That  it  be  recommended  to  the  several  States  to  make 
'such  repeal  rather  by  describing  than  reciting  the  said  acts,  and  for 
'  that  purpose  to  pass  an  act,  declaring,  in  general  terms,  that  all  such 
'acts  and  parts  of  acts  repugnant  to  the  treaty  of  peace  between  the 
'United  States  and  his  Britannic  Majesty,  or  any  article  thereof, 
'  shall  be,  and  thereby  are,  repealed ;  and  that  the  courts  of  law  and 
'equity,  in  all  causes  and  questions  cognizable  by  them,  respectively, 
'and  arising  from  or  touching  the  said  treaty,  shall  decide  and 
'  adjudge  according  to  the  tme  intent  and  meaning  of  the  same,  any 
'  thing  in  the  said  acts  or  parts  of  acts  to  the  contrary  thereof  in 
'  anywise  notwithstanding." 

Such  laws  would  answer  every  purpose,  and  be  easily  formed. 
The  more  the}^  were  of  the  like  tenor  throughout  the  States  the 
better.     They  might  each  recite  that, 


654  JOHN  ADAMS- JOHN  JAY. 

"  Whereas  certain  laws  and  statutes  made  and  passed  in  some  of 

*  the  United  States  are  regarded  and  complained  of  as  repugnant  to 
'  the  treaty  of  peace  with  Great  Britain,  by  reason  whereof  not  only 

*  the  good  faith  of  the  United  States,  pledged  by  that  treaty,  has  been 

*  drawn  into  question,  but  their  essential  interests  under  that  treaty 
'greatly  affected;  and  whereas  justice  to  Great  Britain,  as  well   as 

*  regard  to  the  honor  and  interests  of  the  United  States,  requires  that 

*  the  said  treaty  be  faithfully  executed,  and  that  all  obstacles  thereto, 
<  and  particularly  such  as  do,  or  may  be  construed  to  proceed  from 
'the  laws  of  the  State,  be  effectually  removed:  Therefore, 

''Be  it  enacted  by ,  and  it  is  hereby  enacted  by  the 

'  authority  of  the  same,  That  such  of  the  acts,  or  parts  of  acts  of  the 
'Legislature  of  this  State  as  are  repugnant  to  the  treaty  of  peace 
'between  the  United  States  and  his  Britannic  Majesty,  or  any 
'  article  thereof,  shall  be,  and  hereby  are,  repealed ;  and  further  that 
'  the  courts  of  law  and  equity  within  this  State  be,  and  they  hereby 
'are,  directed  and  required,  in  all  causes  and  questions  cognizable 
'by  them  respectively,  and  arising  from  or  touching  the  said  treaty, 
'  to  decide  and  adjudge  according  to  the  tenor,  true  intent,  and 
'  meaning  of  the  same,  any  thing  in  the  said  acts  or  parts  of  acts  to 
'the  contrary  thereof  in  anywise  notwithstanding." 

Such  a  general  law  would,  we  think,  be  preferable  to  one  that 
should  minutely  enumerate  the  acts  and  clauses  intended  to  be 
repealed,  because  omissions  might  accidentally  be  made  in  the 
enumeration,  or  questions  might  arise,  and  perhaps  not  be  satisfac- 
torily determined,  respecting  particular  acts  or  clauses  about  which 
contrary  opinions  may  be  entertained.  By  repealing  in  general 
terms  all  acts  and  clauses  repugnant  to  the  treaty,  the  business  will 
be  turned  over  to  its  proper  department,  viz :  the  judicial ;  and  the 
courts  of  law  will  Gnd  no  difficulty  in  deciding  whether  any  particular 
act  or  clause  is  or  is  not  contrary  to  the  treaty.  Besides,  when  it  is 
considered  that  the  judges  in  general  are  men  of  character  and 
learning,  and  feel  as  well  as  know  the  obligations  of  office  and  the 
value  of  reputation,  there  is  no  reason  to  doubt  that  their  conduct 
and  judgments  relative  to  these,  as  well  as  other  judicial  matters,  will 
be  wise  and  upright. 

Br  pleased,  sir,  to  lay  this  Inter  before  the  Legislature  of  your 
Stale  widiout  delay.  We  flatter  ourselves  tlu  y  will  concur  with  us 
in  oitinion  that  candor  and  jusiire  are  as  necessary  to  true  policy  as 
they  arc  to  sound  morality  ;  and  that  the  most  honorable  way  of 


DIPLOMATIC  CORRESPONDENCE.  655 

delivering  ourselves  from  the  embarrassment  of  mistakes  is  fairly  to 
correct  and  amend  them.  It  certainly  is  time  that  all  doubts  respect- 
ing the  public  faith  be  removed,  and  that  all  questions  and  differences 
between  us  and  Great  Britain  be  amicably  and  finally  settled.  The 
States  are  informed  of  the  reasons  why  his  Britannic  Majesty  still 
continues  to  occupy  the  frontier  posts,  which  by  the  treaty  he  agreed 
to  evacuate ;  and  we  have  the  strongest  assurances  that  an  exact 
compliance  with  the  treaty  on  our  part  shall  be  followed  by  a 
punctual  performance  of  it  on  the  part  of  Great  Britain. 

It  is  important  that  the  several  Legislatures  should,  as  soon  as 
possible,  take  these  matters  into  consideration ;  and  we  request  the 
favor  of  you  to  transmit  to  us  an  authenticated  copy  of  such  acts  and 
proceedings  of  the  Legislature  of  your  State  as  may  take  place  on 
the  subject  and  in  pursuance  of  this  letter. 
By  order  of  Congress, 

,  President. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


Extract  from  the  Secret  Journal,  April  13,  1787. 

The  Secretary  for  Foreign  Affairs  having,  in  pursuance  of  an 
order  of  Congress,  reported  the  draught  of  a  letter  to  the  States,  to 
accompany  the  resolutions  passed  the  21st  day  of  March,  1787,  the 
same  was  taken  into  consideration,  and  unanimously  agreed  to,  as 
follows ; 

Office  for  Foreign  Affairs,  April  23,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  in  obedience  to  the  order  of  Congress  directing  him  to 

report  instructions  to  their  Minister  Plenipotentiary  at  the  Court 

of  London  on  the  subject  of  his  letter  of  4th  March,  1786,  and  of 

the  papers  which  accompanied  it,  reports  the  following : 

Resolved,  That  the  Minister  of  the  L^nited  States  at  the  Court  of 

Great  Britain  be,  and  he  hereby  is,  instructed  to  inform  his  Britannic 

Majesty  that  Congress  do    candidly   admit  that  the  4th   and  6th 

articles  of  the  treaty  of  peace  have  been  violated  in  America,  and 

that  they  consider  the  7th  article  as  ha^ang  been  violated  on  the  part 

of  Great  Britain.    That  he  do  also  inform  his  Britannic  Majesty  that 


656  JOHN  ADAMS— JOHN  JAY. 

Congress  are  taking  effectual  measures  for  removing  all  cause  of 
complaint  on  their  part,  and  that  he  communicate  to  his  Majesty 
their  resolutions  of  the  21st  day  of  March  last,  together  with  their 
circular  letter  to  the  States  of  the  13th  day  of  April  instant. 

Resolved,  That  the  said  ^Minister  be,  and  he  hereby  is,  authorized 
and  directed,  in  the  name  and  behalf  of  the  United  States,  to  propose 
and  conclude  a  convention  with  his  ^Majesty,  whereby  it  shall  be 
agreed  that  the  value  of  the  slaves  or  other  American  property  carried 
away  contrary  to  the  7th  article,  be  estimated  by  commissioners,  and 
paid  for;  and  that  the  said  payment,  together  with  a  surrender  of  all 
the  posts  and  places  now  held  by  his  ]\Iajesty  within  the  limits  of  the 

United  States,  shall  be  made  within months  after  the  several 

States  shall  each  have  passed  such  a  law  for  repealing  all  the  acts  or 
parts  of  acts  existing  in  the  same,  and  repugnant  to  the  said  treaty, 

as  is  specified  in  the  circular  letter  abovementioned ;  which  

months  shall  be  computed  from  the  time  that  formal  notice  of  all  the 
States  having  passed  such  laws  shall  be  duly  given  to  his  Britannic 
Majesty. 

Resolved,  That  the  said  ^linister  be,  and  he  hereby  is,  further 
instructed  to  assure  his  ^lajesty  that  it  will  always  give  pleasure  to 
Congress  fairly  and  candidly  to  discuss  and  accommodate  every 
difference  and  complaint  that  may  arise  relative  to  the  construction 
or  to  the  performance  of  the  treaty.  That  they  are  determined  to 
execute  it  with  good  faith ;  and  that,  as  this  is  the  on!)  instance  in 
which  any  complaints  of  that  kind  have  ever  come  regidarly  before 
them,  they  flatter  themselves  that  the  frankness  and  candor  of  their 
conduct  on  this  occasion  will  create  in  him  the  same  confidence  in 
the  purity  of  their  intentions  which  they  repose  in  his  assurances, 
"That  whenever  America  shall  manifest  a  real  determination  to  fulfil 
'her  part  of  the  treaty.  Great  Britain  will  not  hesitate  to  cooperate 
'  in  whatever  points  depend  upon  her  for  carrying  every  article  into 
'real  and  complete  effect." 

Resolved,  That  the  said  ^Minister  be,  and  he  iiereby  is,  further 
instructed  to  endeavor  to  have  an  article  inserted  in  the  convention 
for  the  remission  of  the  interest,  or  a  portion  of  it,  which  accrued  on 
private  contracts  during  the  war;  and  that  he  also  endeavor  to 
obtain  an  article  to  fix  the  true  constmction  of  the  declaration  for 
ceasing  hostilities,  and  to  stipulate  that  compensation  be  made  for  all 
captures  contrary  to  it. 


DIPLOMATIC  CORRESPONDENCE.  657 

And  to  the  end  that  the  said  Ministry  may  have  the  more  ample 
information  on  the  several  subjects, 

Ordered,  That  a  copy  of  the  report  of  the  Secretary  for  Foreign 
Afiairs  on  his  said  letter  be  transmitted  to  him,  by  means  of  some 
proper  and  confidential  person  that  may  be  going  from  hence  to 
London. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  June  6,  1786. 
Dear  Sir, 

INIy  last  to  you  was  dated  the  4th  ultimo ;  since  which  I  have 
been  honored  with  several  from  you,  viz :  two  dated  24th  November 
last,  9th,  16th,  ITth,  20th,  22d,  26th,  and  27th  February,  and  4th 
March  last;  all  of  which,  with  their  several  enclosures,  were 
immediately  laid  before  Congress. 

I  have  at  length  the  pleasure  of  informing  you  that  nine  States 
begin  to  be  frequent  in  Congress,  and,  consequently,  that  there  is  a 
prospect  of  my  being  soon  enabled  to  send  you  some  despatches  of 
more  importance  than  many  of  my  late  ones  have  been. 

It  will  not  be  long  before  a  good  private  opportunity  will  offer, 
and  then  I  mean  to  write  you  at  least  a  long  private  letter,  if  not  a 
public  one. 

You  will  find,  herewith  enclosed,  a  ratification  of  the  Prussian 
treaty,  which  for  many  months  was  delayed  for  want  of  a  proper 
number  of  States  in  Congress  to  order  and  complete  it. 

There  are  several  of  my  reports  on  your  letters  before  Congress  ; 
and  I  assure  you  these  delays  are  as  painful  to  me  as  they  can  be 
to  you. 

Our  country  has  yet  much  to  think  of,  and  much  to  decide  on. 
A  natural  but  improper  rage  for  paper  money  prevails.  Rhode 
Island,  New  York,  and  New  Jersey  are  making  experiments  upon 
it,  and  I  think  injuring  themselves  and  the  Union,  in  some  measure, 
by  it.  The  next  London  ships  shall  carry  you  some  journals  and 
acts  of  Assembly,  which,  by  the  packet,  would  cost  more  postage 
than  they  are  worth. 
Vol.  II. — 42 


658  JOHN  ADAMS— JOHN  JAY. 

I  doubt  the  propriety  of  borrowing  more  money,  without  funds 
or  prospect  to  repay  any.  Our  Treasury  is  low,  the  States  back- 
ward, our  people  intent  on  private  gain,  and  too  inattentive  to  national 
concerns  and  exigencies. 

With  great  and  sincere  esteem,  he,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  May  IG,  1786. 

Dear  Sir, 

Last  night  I  was  honored  with  your  letter  of  April  7th,  and  am 
happy  to  find  that  twelve  States  have  granted  to  Congress  the 
impost.  New  York,  I  am  persuaded,  will  not  long  withhold  her 
assent,  because  that,  in  addition  to  all  the  other  arguments  in  favor 
of  the  measure,  she  will  have  to  consider  that  all  the  blame  of  conse- 
quences must  now  rest  upon  her ;  and  she  would  find  this  alone 
a  greater  burden  than  the  imposts.  This  measure  alone,  as  soon  as 
it  is  completed,  will  have  a  great  effect,  and  instantly  raise  the 
Cnited  States  in  the  consideration  of  Europe,  and  especially  of 
England.  Its  beneficial  effects  will  be  soon  felt  in  America  by 
producing  a  circulation  of  that  property,  the  long  stagnation  of  which 
has  been  a  principal  cause  of  the  distress  of  the  community.  The 
States,  jointly  and  severally,  would  find  immediate  benefits  from 
establishing  taxes  to  pay  the  whole  mterest  of  their  debts,  those  of 
the  Confederation  as  well  as  those  of  particular  States.  The  interest 
of  money  would  instantly  be  lowered,  and  capitals  be  employed  in 
manufactures  and  commerce  that  are  now  at  usury.  It  is  no  paradox 
to  say  that  every  man  would  find  himself  the  richer  the  more  taxes 
he  pays ;  and  this  rule  must  hold  good  until  the  taxes  shall  amount 
to  a  sum  sufficient  to  discharge  the  interest  due  to  every  creditor  in 
the  community.  The  power  to  regulate  the  commerce  of  the  whole 
will  not  probably  be  long  withheld  from  Congress  ;  and  when  that 
point  shall  be-  agreed  to,  you  will  begin  to  hear  a  bray  in  England 
for  a  treaty.  Like  Daniel  Defoe's  game-cock  among  the  horses' 
feet,  it  will  be,  •'  Pray,  gentlemen,  don't  let  us  tread  upon  one 
another." 

^  «u  havr,  1  hope,  before  now.  Lord  Caermarthen'."  answer  of 
February  52dth  to  my  memorial  of  November  30th.     I  had  detcrm- 


DIPLOMATIC  CORRESPONDENCE.  559 

ined  in  my  own  mind  not  "  to  demand  a  categorical  answer,  without 
the  further  orders  of  Congress  ;"  and  it  is  a  great  satisfaction  to  find 
your  opinion  coincides.  It  is  now  with  Congress  to  dehberate  what 
answer  they  should  make  to  his  Lordship  ;  and,  for  my  own  part, 
I  do  not  see  what  answer  they  can  give,  until  they  know  the  sense 
of  Massachusetts,  New  York,  Virginia,  and  South  Carolina. 
With  the  highest  regard,  he,  JOHN  ADAMS. 


FROM   JOITN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  May  25,  1186. 
Dear  Sir, 

I  have  not  presented  a  formal  memorial  in  the  name  of  our 
sovereign,  concerning  the  negroes  carried  off  contrary  to  the  treaty, 
although  it  has  been  frequently  and  constantly  insisted  upon  with 
the  British  Ministry,  for  several  reasons ;  one  was,  a  desire  to  confine 
the  first  memorial  to  one  point — the  frontier  posts,  that  the  real 
motives  and  intentions  of  the  Cabinet  might  be  the  more  distinctly 
laid  open  to  Congress.  Another  reason  was  the  frankness  of 
Ministers  to  own,  in  conversation,  that  the  negroes  must  be  paid  for, 
as  a  clear  point.  Another  was,  that  tune  might  be  allowed  to  you, 
sir,  to  transmit  me  the  whole  amount  and  evidence  of  the  claim ; 
and,  lastly,  that  I  might  have  the  explicit  instructions  of  Congress  to 
demand  payment  for  the  negroes  in  money,  and  especially  at  what 
prices  they  should  be  stated. 

By  the  answer  of  Lord  Caermarthen  to  the  memorial  of  the  30th 
of  November,  Congress  will  see  that  the  detention  of  the  posts  is 
attempted  to  be  justified  by  the  laws  of  certain  States  impeding  the 
course  of  law  for  the  recovery  of  old  debts,  &;c.  Were  another 
memorial  to  be  now  presented  relative  to  the  negroes,  the  sam.e 
answer  would  undoubtedly  be  given,  or,  more  probably,  a  reference 
only  to  that  answer. 

It  is  my  duty  to  be  explicit  with  my  country ;  and,  therefore,  I 
hope  it  will  not  be  taken  amiss  by  any  of  my  fellow-citizens,  when 
they  are  told  that  it  is  in  vain  to  expect  the  evacuation  of  posts,  or 
payment  for  the  negroes,  or  a  treaty  of  commerce,  or  restoration  of 
prizes,  payment  of  the  Maryland  or  Rhode  Island  demand,  compen- 
sation to  the  Boston  merchants,  or  any  other  relief  of  any  kind, 


660  JOHN  ADAMS-JOHN  JAY. 

until  these  laws  are  all  repealed.  Nor  will  the  Ministry  ever  agree 
to  any  explanation  concerning  the  interest  during  the  war,  or 
payments  by  instalments.  The  old  creditors  have  formed  themselves 
into  a  society,  and  have  frequent  meetings ;  send  committees  to 
Mr.  Pitt  and  Lord  Caermarthen ;  and,  I  am  well  informed,  oppose 
even  a  treaty  of  commerce  upon  this  ground ;  and  the  Ministers 
know  them  to  be  so  numerous,  that  they  could  raise  a  clamor — a 
consideration  which  has  always  had  more  weight  at  this  Court  and 
in  Parliament  than  the  interest  of  America  or  the  British  Empire. 

What,  then,  is  to  be  done?  The  States,  it  may  be  said,  will  not 
repeal  their  laws.  If  they  do  not,  then  let  them  give  up  all  expect- 
ation from  this  Court  and  country,  unless  you  can  force  them  to  do 
as  you  please  by  investing  Congress  with  full  pow  er  to  regulate  the 
trade. 

I  will  run  the  hazard,  sir,  of  all  the  clamor  that  can  be  raised  against 
me  by  my  friends  or  by  my  enemies,  (if  any  such  there  are,)  and  of 
all  the  consequences  that  can  befall  me,  for  writing  my  sentiments 
freely  to  Congress,  on  a  subject  of  this  importance.  It  will  appear 
to  all  the  world  with  an  ill  grace  if  we  complain  of  breaches  of  the 
treaty,  when  the  British  Court  have  it  in  their  power  to  prove  upon 
us  breaches  of  the  same  treaty  of  greater  importance.  My  advice, 
then,  if  it  is  not  impertinent  to  give  it,  is,  that  every  law  of  every 
State,  which  concerns  either  debts  or  royalists,  which  can  be  impar- 
tially construed  contrary  to  the  spirit  of  the  treaty  of  peace,  be 
immediately  repealed,  and  the  debtors  left  to  settle  with  their  creditors 
or  dispute  the  point  of  interest  at  law.  I  do  not  believe  a  jury 
would  fnve  the  interest.  I  hcji,  leave  to  sun^fjest  another  thins :  if 
Congress  are  themselves  clear  that  interest  during  the  war  was  not 
part  of  that  bona  fide  debt  which  was  intended  by  the  contracting 
parties,  they  may  declare  so  by  a  resolution  ;  or  the  Legislatures  of 
the  separate  States  may  declare  so  ;  and  then  the  courts  of  justice  and 
the  juries  will  certainly  give  no  interest  during  the  war.  But  even 
in  this  case,  those  States  which  have  few  debts,  and  have  made  no 
laws  against  the  recovery  of  them,  will  think  it  hard  that  they  should 
be  subjected  to  dangers  by  the  conduct  of  such  as  have  many,  and 
}iav(!  made  laws  inconsistent  with  the  treaty,  both  respecting  debts 
and  Tories.  You  will  give  me  leave,  sir,  to  suggest  another  idea. 
Suppose  the  States  should  venture  to  do  themselves  justice;  for 
example,  suppose  Maryland  should  undertake  to  pay  herself  for  her 


DIPLOMATIC  CORRESPONDENCE.  661 

bank  stock  and  negroes  carried  off  after  the  treaty,  by  accepting 
security  for  it  from  her  own  citizens  who  are  debtors  to  British 
subjects,  and  giving  discharges  to  those  debtors,  or  engaging  to  stand 
between  them  and  the  claims  of  the  creditor ;  suppose  the  Carohnas 
Virginia,  and  all  the  other  States  which  had  negroes  carried  off  after 
the  peace,  should  do  the  same.  Suppose  Massachusetts  should  make 
up  the  losses  of  the  inhabitants  of  Boston,  in  goods  carried  off  by 
General  Howe,  in  the  same  way,  (at  least  those  of  them  who  were 
promised  compensation  by  General  Howe,)  for  these  are  undoubtedly 
creditors  of  the  British  Government.  Suppose  further,  that  each 
State  should  undertake,  in  the  same  way,  to  compensate  the  owners 
of  vessels  taken  after  the  commencement  of  the  armistice. 

I  throw  out  these  hints  as  possibilities  and  speculations  only, 
sensible  that  they  might  open  a  door  to  much  altercation ;  but  I  will 
not  fail  to  add,  that  I  think  it  would  be  much  sounder  policy  and 
nobler  spirit  to  repeal  at  once  every  law  of  every  State  which  is  in 
the  smallest  degree  inconsistent  with  the  treaty,  respecting  either 
debts  or  Tories,  and  am  well  persuaded  that  no  inconvenience  would 
be  felt  from  it ;  neither  lawsuits,  nor  bankruptcies,  nor  imprisonments, 
would  be  increased  by  it ;  on  the  contrary,  the  credit  and  commerce 
of  all  the  States  would  be  so  increased  that  the  debtors  themselves, 
in  general,  would  find  their  burdens  lighter. 

With  great  esteem,  he,  .JOHN  ADAINIS. 

P.  S.  Enclosed  are  two  acts  of  Parliament  and  the  King's  last 
proclamation.  The  other  acts  which  affect  America  shall  be  sent 
as  soon  as  they  are  passed,  and  I  can  obtain  them. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  May  28,  17S6. 

Dear  Sir, 
An  agent  from  South  America  was  not  long  since  arrested  at 
Rouen,  in  France,  and  has  not  since  been  heard  of.  Another  agent, 
who  was  his  associate,  as  I  have  been  told,  is  here,  and  has  applied 
to  Government  for  aid.  Government,  not  being  in  a  condition  to  go 
to  war  with  Spain,  declines  having  any  thing  to  do  with  the  business. 
But  if  application  should  be  made  to  rich  individuals,  and  profitable 
prices  otTered  for  twenty  or  thirty  thousand  stands  of  arms,  a  number 
of  field-pieces,  a  few  battering  cannon,  some  mortars,  a  good  deal 


562  JOHN  ADAMS-JOHN  JAY. 

of  ammunition,  clothing,  Sec,  do  you  think  that  in  this  capital  of 
mammon  they  might  not  be  obtained  ?  I  might  mention  names  and 
facts  which  have  been  communicated  to  me,  but  my  information  is 
not  official,  nor  autlientic  enough  for  this.  It  is  sufficient  to  say, 
that  an  office  like  that  once  undertaken  by  Mr.  Beaumarchais  would 
not  probably  be  refused  by  all  men  here. 

You  are  probably  better  informed  than  I  can  pretend  to  be  of  the 
disturbances  which  took  place  in  the  Spanish  provinces  of  South 
America  during  the  late  war,  of  the  pacification  of  them,  and  of  the 
complaints  and  discontents  which  now  prevail.  It  is  a  fixed  opinion 
in  many  minds  here  that  a  revolution  in  South  America  would  be 
agreeable  to  the  United  States,  and  it  is  depended  on  that  we  shall 
do  nothing  to  prevent  it,  if  we  do  not  exert  ourselves  to  promote  it. 
I  shall  dechne  entering  far  into  this  speculation,  which  is  out  of  my 
depth.  But  I  must  venture  to  say,  that  Portugal  is  bound,  by  a 
treaty  of  1778,  to  assist  Spain  in  such  a  case.  France  must  assist 
her,  from  the  family  compact,  and  for  a  still  more  weighty  reason, 
viz :  to  prevent  England  from  getting  too  rich  and  powerful  by  it ; 
and  Holland  is  now  bound  by  treaty  to  France,  and  perhaps  to 
Spain.  We  should  be  very  cautious  what  we  do ;  for  England  will 
certainly  reap  the  greatest  advantage,  as  she  will  supply  witli  her 
manufactures  all  South  America,  which  will  give  her  a  sudden 
wealth  and  power  that  will  be  very  dangerous  to  us. 

That  British  Ambassadors  will  very  soon  endeavor  to  excite  the 
two  empires  and  Denmark  to  an  alliance,  for  the  purpose  of  setting 
the  Spanish  and  Portuguese  colonics  free,  is  very  probable ;  as  an 
inducement,  they  may  agree  to  assist  in  opening  the  Danube  and 
the  navigation  by  the  Dardanelles.  The  object  of  the  next  war,  I 
think,  will  be  the  liberty  of  commerce  in  South  America  and  the 
East  Indies.  We  shall  be  puzzled  to  keep  out  of  it ;  but  I  think  we 
ought  if  we  can.  England  would  gain  the  most  by  such  a  turn  in 
affairs,  by  the  advantages  she  has  over  other  nations  in  the  improve- 
ments of  her  manufactures,  commerce,  and  marine ;  and  England, 
unfortunately,  we  cannot  trust. 

Such  speculations  as  tlicse  arc  not  new ;  a  pamphlet  was  written 
in  1783,  under  the  title  of  '-La  Crise  de  I'Europe,"  by  a  learned 
British  knight,  and  circulated  upon  the  continent.  As  I  cannot 
send  you  the  whole,  you  may  possess  yourself  of  the  spirit  of  it  by 
a  few  extracts. 


DIPLOMATIC  CORRESPONDENCE.  663 

[Translation.] 

'•'What  ought  to  be  the  object  which  the  different  States  of 
Europe  have  in  view,  and  what  plan  ought  they  to  form  to  restrain 
the  ambition  of  the  Bourbons,  to  preserve,  in  America  as  well  as  in 
Europe,  the  balance  of  power,  and  to  afford  an  opportunity  to  the 
armed  neutrality  to  maintain  the  just  and  generous  system,  in  the 
preservation  of  which  she  finds  herself  personally  interested.  The 
jplan  was  not  difficult  to  find ;  it  was,  in  two  words,  to  free  the 
different  European  colonies  in  America  from  the  commercial  restraints 
imposed  on  them  by  the  different  Powers  to  whom  they  are  at  present 
subject. 

'•  It  is  not  necessary  to  show  the  advantages  which  all  the  States 
of  Europe  would  reap,  and,  in  the  issue,  those  very  Powers  from 
whom  the  Colonies  should  be  emancipated,  were  it  possible  that  this 
important  revolution  could  have  effect  with  respect  to  the  most 
precious  and  richest  provinces  in  the  world.  My  heart  leaps  to 
think  that  we  may  one  day  see  the  Powers  of  Russia,  Denmark, 
Sweden,  Austria,  Holland,  Prussia,  Great  Britain,  land  without 
restrictions  on  the  coasts  of  Chili  and  Peru,  when  proud  monopolists 
can  no  longer  prevent  them  from  exchanging  the  productions  of 
Europe  for  the  treasures  of  America.  jNIy  heart  leaps  to  think  that 
every  State  will  be  certain  of  procuring  all  the  necessaries  and 
pleasures  of  life,  in  the  proportion  to  the  fertility  of  its  soil  and  the 
industry  of  its  inhabitants.  What  discoveries  have  we  not  reason  to 
expect  ?  What  talents  shall  we  not  see  displayed  ?  To  what  degree 
of  perfection  will  not  every  art,  every  science  be  carried,  should  so 
vast  a  field  be  opened  to  the  activity  of  the  human  race  ?  The  soul 
of  the  friend  of  mankmd  feels  itself  overwhelmed  with  the  grandeur 
and  importance  of  the  ideas  which  offer  themselves  to  its  view,  when 
it  figures  to  itself  for  an  instant  the  human  race  united  by  a  mutual 
interest,  and  compelled  by  the  ties  which  bind  the  communication  of 
commerce  to  advance  the  general  happiness  of  mankind.  It  is 
needless  to  stop  to  prove  that  such  a  plan  can  be  executed  with 
little  difficulty  and  expense.  Great  Britain  would  certainly  be  blind 
to  her  interests,  and  have  lost  all  sense  to  foresight,  if  she  would  not 
exert  her  utmost  strength  to  carry  this  plan  intp  execution,"  k.c. 

'-  Who  can  suppose  that  Holland  would  refuse  to  enter  into  a 
confederation  whose  principles  would  so  particularly  favor  the 
extension  of  her  commerce  and  power  ? 


664  JOHN  ADAMS- JOHN  JAY. 

<'  ^Moreover,  the  new  States  of  North  America  would  not  fail  to 
rejoice  in  an  event  which  would  afford  them  an  opportunity  of 
repairing  with  rapidity  the  loss  of  treasure  and  hlood  which  they  so 
generously  lavished  in  their  noble  efforts  to  acquire  independence. 

"Suppose,  then,  on  the  one  side,  the  strict  union  of  such  a 
confederation,  whose  object  should  be  the  general  emancipation  of 
the  Colonies;  France  and  Spain  in  the  opposite  scale  against  this 
confederation.  Who  can  doubt  but  that  one  campaign  would  be 
sufficient  to  obtain  the  end  which  this  league  should  propose?  The 
English  fleet  is  already  equal,  in  the  number  and  strength  of  its 
ships,  to  the  fleets  of  the  house  of  Bourbon.  If,  then,  the  armed 
neutrality,  comprehending  Holland,  should  join  the  forces  of  England 
whh  fifty  sail  of  the  line,  which  might  be  very  easily  done,  there  is 
no  French  or  Spanish  colony  which  would  not  be  reduced  to 
obedience  in  the  space  of  six  months.  The  West  India  Islands,  in 
particular,  could  make  but  little  resistance;  and  as  to  Spanish 
America,  so  great  benefit  would  result  to  these  provinces  from  the 
suggested  project  of  emancipating  the  Colonies  that,  far  from  fearing 
their  opposition  or  resistance,  we  might  reasonably  reckon  on  their 
concurrence,"  Sic. 

"  The  aim  of  this  object  should  be,  to  abolish  all  those  restrictions 
on  commerce  to  which  the  European  colonies  on  the  continent  of 
America  are  at  this  time  subject ;  to  give  entire  liberty  to  these 
colonies;  to  establish  among  them  the  kind  of  government  which 
would  best  suit  the  characters  and  genius  of  their  inhabitants  ;  and 
to  make  such  a  division  of  the  islands  of  America  among  the  Powers 
who  should  assist  in  the  system  as  would  defray  their  respective 
expenses,  provided  that  the  execution  of  this  system  should  lead 
them  into  extraordinary  expenses,"  he. 

"  Holland  must  be  assisted  in  disengaging  herself  from  the  impolitic 
union  in  which  she  is  at  present  connected  with  France,  by  pro- 
curing an  army  capable  to  protect  her  against  the  invasions  of 
this  monarch,  and,  in  case  of  necessity,  even  to  attack  the  provinces 
of  France. 

"  Who  docs  not  see  that,  with  little  persuasion,  the  Emperor,  that 
friend  of  humanity,  migiit  be  engaged  to  cooperate  in  the  execution 
of  a  j)lan  conforinablo  to  his  noble  and  generous  disposition  ? 

'•The  conf(.'derates  should  solemidy  engage  not  to  invadt",  on  their 
own  account,  any  of  the   possessions  nor  any  of  the  provinces  of 


DIPLOMATIC  CORRESPONDENCE.  665 

South  America ;  contenting  themselves  with  forcing  Spain  and  her 
allies  to  withdraw  their  fleets  and  armies  from  this  continent,  to 
demolish  the  fortifications  they  have  erected  there,  and  to  leave  the 
natives  at  full  liberty  to  adopt  such  form  of  government  as  they  may 
judge  most  suitable  to  them. 

"  Finally,  as  the  expenses  which  the  execution  of  this  might 
occasion  appear  to  authorize  some  compensation,  it  is  once  more 
proposed  to  divide  the  islands  of  the  American  Archipelago  between 
the  different  Powers,  promoters  of  the  execution  of  this  plan.  The 
island  of  Cuba  should  be  given  to  Russia  ;  Martinico,  to  Denmark ; 
Guadaloupe,  to  Sweden  ;  Porto  Rico,  to  Prussia  ;  Spanish  Hispaniola, 
to  the  Dutch;  French  Hispaniola,  to  the  Emperor;  and  the  remain- 
ing islands,  to  Great  Britain.  And,  supposing  that  this  plan  could 
be  executed  with  little  expense,  it  would  doubtless  be  more  conform- 
able to  the  generous  principles  of  the  league  to  grant  independence 
also  to  these  islands.  They  might  form  a  republic  among  themselves, 
under  a  Government  whose  residence  should  be  established  in  some 
one  of  them ;  while  the  confederated  Powers  of  Europe  should 
establish  themselves  guarantees  of  their  commerce  and  politics. 

"  This  plan  offers  a  very  beneficial  system  to  the  Powers  interested 
in  the  armed  neutrality,  and  even  to  mankind. 

"Even  France  and  Spain  would  have  no  reason  to  complain  of 
such  a  confederation,"  k,c. 

"  As  to  Spain,  there  is  a  greater  reason  to  be  astonished  that  the 
indignation  and  resentment  of  Europe  has  not  iong  ago  broke  out 
against  these  proud  monopolists,  and  mankind  renounced  all  sensi- 
bility, when  it  suflered  the  most  fertile  and  richest  provinces  in  the 
world  to  be  so  long  subjected  to  this  hard  and  detestable  Power. 
What  nation  but  what  ouffht  to  feel  an  indio;nation  at  thinking  on  the 
arrogant  pretensions  of  a  single  monarchy,  which  claims  the  power 
of  possessing  so  great  an  extent  of  country,  and  preventing  any 
other  European  State  from  approaching  its  borders?  Were  it  not 
for  her  oppression  and  bad  government,  how  many  millions  of  new 
inhabitants  would  we  not  now  see  prospering  in  those  distant  regions, 
and  what  benefits  would  not  Europe  derive  from  her  communication 
with  these  people  ?  The  time,  then,  is  not  far  distant  when  this 
tyrannical  system  of  oppression  shall  be  forever  abolished,  by  allow- 
ing these  unhappy  colonies  to  partake  at  last  of  a  little  liberty  and 
happiness. 


GQQ  JOHN  ADAMS-JOHN  JAY. 

"  Can  we  neglect  to  awaken  the  attention  of  Europe  towards  the 
indignant  treatment  which  Great  Britain  has  experienced  from  her 
enemies  ?*'  &;c.  "  Had  the  independence  of  America  heen  the  only 
object,  their  proceedings  might  have  been  colored  with  the  appear- 
ance of  generosity  !  But  what  kind  of  connexion  could  the  possession 
of  Gibraltar,  Minorca,  Granada,  Tobago,  and  St.  Vincent's,  have 
with  the  independence  of  this  continent  ? 

"  Great  Britain  is  accused  with  having  manifested  a  proud  conduct 
with  respect  to  her  neighbors.  Were  there  foundations  for  this 
reproach,  she  has  since  received  too  many  lessons  of  humility.  But 
can  Europe  forget,  on  the  other  hand,  the  different  services  which 
almost  every  one  of  these  Powers  has  received  from  the  inhabitants 
of  this  island — Russia,  the  brave  Frederick,  and  the  Emperor  of 
Germany?  And  how  can  we  support  the  idea  that  there  should  be 
in  Europe  men  so  insensible  to  the  calamities  of  their  fellow-creatures, 
so  blind  to  their  own  interests,  as  to  suffer  such  a  Power  to  be 
crushed  by  an  ambitious  family,  and  that  States,  already  sufficiently 
powerful,  should  aggrandize  themselves  with  her  spoils  ? " 

Such  are  the  secret  thoughts  of  many  in  this  country,  but  not  a 
word  or  hint  escapes  in  conversation.  They  are  sent  to  you  because 
they  afford  a  clew  for  the  whole  political  conduct  of  Great  Britain 
in  future,  and  for  the  present,  too ;  for  it  is  impossible  otherwise  to 
account  for  the  inattention  of  this  country  to  the  commerce  and 
friendship  of  the  United  States  of  America;  they  are  keeping  up 
their  navy,  and  sacrificing  everything  to  seamen,  in  order  to  be  able 
to  strike  a  sudden  and  awful  blow  to  the  house  of  Bourbon,  by  setting 
South  America  free ;  and  they  rely  upon  it  the  United  States  will 
not  oppose  them. 

With  great  and  sincere  esteem,  &:c.,  JOHN  ADAMS. 


FIIOM    JOHN    ADAMS    TO    JOHX    JAY. 

Grosvcnor  Square,  June  C,  1786. 

Dear  Sir, 
I  do  myself  the  honor  to  enclose  papers  relative  to  African  affairs, 
although  Mr.  Jefferson  has  transmitted  them  before,  as  it  is  possible 
liis  conveyance  may  fail. 


DIPLOMATIC  CORRESPONDENCE.  (367 

The  intelligence  all  tends  to  confimi  what  has  been  more  than 
once  written  to  you  before,  that  two  or  three  hundred  thousand 
pounds  sterlmg  will  be  necessary  to  obtain  a  perpetual  peace.  It  is 
very  clear  that  a  peace  would  be  worth  more  than  that  sum  annually, 
if  you  compute  insurance,  and  the  Levant,  IMediterranean,  Portu- 
guese, and  Spanish  trade. 

If  Congress  should  be  empowered  to  lay  on  taxes  upon  navigation 
and  commerce,  or  anything  else,  to  pay  the  interest  of  the  money 
borrowed  in  Europe,  you  may  borrow  what  you  will.  If  that  is  not 
done,  their  servants  abroad  had  better  be  all  recalled,  and  our  exports 
and  imports  all  surrendered  to  foreign  bottoms. 

Enclosed  is  a  bill  now  pending.  The  system  of  this  country  is 
quite  settled.  It  is  with  our  States  to  unsettle  it  by  acts  of  retalia- 
tion, or  to  acquiesce  in  it,  as  they  judge  for  their  own  good. 

With  great  regard,  Sec,  JOHN  ADAMS. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  August  19,  1786. 

Dear  Sir, 

I  wrote  to  you  on  the  7th  of  last  month,  and  also  on  the  18th  of 
this,  enclosing  some  papers  respecting  an  American  vessel  seized  at 
Barbadoes  by  a  British  man-ol-war.  I  have  been  honored  with 
yours  of  the  I6th,  25th,  and  28th  May,  and  6th  June  last,  which, 
with  the  papers  accompanying  them,  were  immediately  laid  before 
Congress. 

The  situation  in  which  the  want  of  an  adequate  representation 
had,  for  many  months,  placed  Congress,  put  it  out  of  their  power  to 
decide  on  several  of  my  reports,  some  of  which  were  founded  on 
your  letters.  These  delays  oblige  me  to  leave  those  letters 
unanswered,  and  to  leave  you  without  instructions  on  points  on 
which  I  think  you  should  be  furnished  with  the  sentiments  of 
Congress. 

We  daily  expect  to  receive  the  treaty  with  Portugal. 

I  have  advised  that  new  commissions  be  issued  to  you  and  Mr. 
Jefferson. 

You  will  herewith  receive  the  late  requisition  of  Congress,  their 
ordinance  for  the  Indian  department,  and  several  other  printed 
papers.     A  vessel  for  London  has  just  touched  here,  and  given  me 


668  JOHN  ADAMS— JOHN  JAY, 

an  opportunity  of  writing  you  these  few  lines.  I  am  mortified  to 
write  you  such  letters,  but  that  must  be  the  case  until  Congress 
enable  me  to  write  more  particularly  and  satisfactorily.  You  want 
answers  to  many  questions,  and,  though  I  am  not  at  a  loss  to  form 
a  judgment  what  they  should  be,  yet  my  private  sentiments  and 
those  of  Congress  may  not  coincide. 

With  great  and  sincere  esteem,  Sec,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  June  16,  1786. 

Dear  Sir, 

Two  days  ago  I  was  honored  with  your  letter  of  the  4th  of  May, 
in  which  another,  of  the  1st  of  the  same  month,  is  referred  to  ;  and 
as  I  hear  there  is  a  passenger  expected  from  the  packet,  I  hope  to 
receive  it  from  him  when  he  arrives  in  town. 

Lord  Caermarthen  told  me  yesterday  "  that  he  had  letters  from 
Mr.  Anstey,  mentioning  his  civil  reception."  His  Lordship  said, 
too,  that  a  ''Minister  Plenipotentiary  would  certainly  be  sent  to 
'  Congress ;  that  it  was  not  from  any  coldness  or  want  of  respect  to 
'  the  L^nited  States  that  it  had  not  been  already  done,  but  merely 
'  from  the  difiiculty  of  finding  a  proper  person  ;  that  he  had  received 
<  many  applications,  but  they  had  been  generally  from  persons  who, 
'  he  was  sure,  would  not  be  agreeable  in  America,  and,  in  some 
'instances,  from  persons  more  suitable  for  a  place  in  the  customs 
'  than  in  the  corps  diplomatique.^^ 

A  long  conversation  ensued  upon  the  subjects  of  the  posts,  debts, 
&ic.,  little  of  which  being  new,  is  worth  repeating.  The  policy  of 
givihg  up  the  interest  during  the  war,  and  of  agreeing  to  a  plan  of 
payment  by  instalments,  was  again  insisted  on,  from  various  consider- 
ations, particularly  from  the  evident  injustice  of  demanding  interest 
for  that  period.  It  was  urged  that  the  claim  of  interest,  in  most 
cases,  was  grounded  upon  custom  and  the  mutual  understanding  of 
the  parlies ;  but  that  it  never  had  been  the  custom,  nor  had  it  ever 
been  understood  or  foreseen,  that  an  act  of  Parliament  should  be 
passed  casting'  the  Amf-riran  debtor  out  of  the  protection  of  the 
Crown,  culling  offail  correspondence,  and  rendering  all  intercourse 
criiuinal  ;  for  that  was  the  result,  and  the  legal  construction,  during 
the  whole  war.  Here  his  Lordship  fidly  agreed  with  me,  and  even 
oulwenl  me  in  saying  that  "  it  was  very  true  that,  by  construction 


DIPLOMATIC  CORRESPONDENCE.  (369 

*of  the  law  of  this  land,  it  was  high  treason  in  a  creditor  in  Great 
'  Britain  to  receive  a  remittance  from  his  debtor  in  America  during 
'  the  war."  His  Lordship  added  some  slight  expressions  concerning 
the  interest,  and  wished  that  the  courts  were  open  for  recovering  the 
principal.  We  might  leave  the  interest  for  an  after-consideration. 
In  short,  they  waited  only  for  some  appearance  of  a  disposition. 
The  answer  to  my  memorial  of  30th  November  contained  their  true 
intentions.  They  sincerely  meant  to  fulfil  every  engagement  when- 
ever they  saw  a  disposition  on  our  part.  These  expressions,  you 
see,  are  somewhat  oracular,  but  they  conveyed  so  much  meaning 
to  me  that  I  will  no  longer-  hesitate  to  recommend  to  Congress  to 
take  up  this  matter,  and  decide  it  at  once.  It  would  be  going  too 
far  to  point  out  the  mode,  but  it  may  be  suggested  to  require  of  all 
the  States  who  have  made  laws  irreconcilable  to  the  treaty  imme- 
diately to  repeal  them,  declaring,  at  the  same  time,  that  interests 
upon  book  debts  and  simple  contracts  during  the  war  cannot  be 
considered  as  any  part  of  the  bona  Jide  debts  intended  in  the  treaty. 
As  to  specialties,  there  may  be,  in  some  cases,  more  difficulty ;  yet 
I  do  not  see  but  the  same  reasoning  is  applicable  to  all.  The  legal 
contract  was  dissolved  by  throwing  us  out  of  the  protection  of  the 
Crown,  and  our  subsequent  assumption  of  independence,  and  had  no 
existence  until  revived  by  treaty.  Private  honor  and  conscience  are 
out  of  this  question.  Those  who  think  themselves  bound  by  these 
ties  will  do  as  they  please ;  but  I  believe,  under  all  the  circum- 
stances, few  persons,  even  of  the  most  delicate  sentiments,  will  be 
scrupulous.  If  such  a  declaration  should  be  made  by  Congress, 
candor  will  require  that  it  should  extend  to  both  sides,  to  the  British 
and  refugee  debtor  to  American  creditors,  as  well  as  vice  versa. 

If  Congress  should  choose  to  avoid  involving  themselves  in  such 
a  declaration,  would  it  not  be  proper  for  individual  States  to  do  it ; 
and  in  this  case,  I  humbly  conceive  the  laws  ought  to  be  repealed, 
and  the  question  left  to  the  judges  and  juries,  who,  upon  the 
strictest  construction  of  law,  equity,  and  the  treaty,  may,  in  my 
opinion,  in  most  cases,  if  not  in  all,  deny  the  interest  during  the 
war  to  the  creditor.  In  some  of  these  ways  relief  must  be  had,  or 
in  none ;  for  the  Ministry  here  will  never  intermeddle  in  the 
business. 

If  any  one  should  ask,  what  was  the  intention  of  the  contracting 
parties  at  the  treaty  ?  the  answer  must  be,  the  treaty  itself  must 
determine ;  and  any  one  who  reads  it  may  judge,  as  well  as  one  of 


670  JOHN  ADAMS-JOHN  JAY. 

the  Plenipotentiaries.  The  word  "  heretoforer"  was  not  used,  in 
preference  to  the  words  '•  before  the  war,"  with  any  view  of  the 
interest,  but  to  comprehend  debts  which  had  been  contracted  during 
the  war.  The  intention  was,  no  doubt,  that  whatever  judges  and 
juries  should  find  to  be  a  debt,  should  be  recovered  ;  and  I  beheve 
that  any  man,  acting  in  the  character  of  either,  will  find  it  difficult 
to  say,  upon  his  oath,  that  interest  during  the  war  is-  bona  fide  due. 
Did  any  debtor,  foreseeing  the  war,  contract  a  debt,  and  pledge  his 
faith  to  pay  interest  during  the  continuance  of  it?  Let  this  be 
proved,  and  a  judge  or  juror  would  compel  payment.  But  probably 
there  is  not  one  such  case.  The  war  may  be  considered  as  one  of 
those  accidents  bona  fide  not  expected  or  foreseen,  against  which 
equity  will  always  give  relief. 

With  great  and  sincere  esteem,  &;c.,  JOHN  ADAMS. 


FROM    JOHN    ADAMS    TO    JOHN    JAY. 

London,  June  27,  1786. 
Sir, 

I  have  received  the  letter  you  did  me  the  honor  to  write  me  on 
the  1st  of  INIay,  and  the  pleasure  of  Congress  signified  in  it  shall  be 
Strictly  observed.  You  will  perceive,  by  my  letter  of  the  4th  of 
March,  that  it  was  my  determination  to  make  no  reply  to  his 
Lordship's  answer  of  the  28th  of  February,  to  the  memorial  of  the 
30th  of  November,  until  I  should  receive  the  orders  of  Congress. 
As  we  hear  that  the  vessel  which  carried  out  that  despatch  sprung 
aleak  at  sea,  put  into  Lisbon,  and  did  not  sail  from  thence  till  late 
in  April,  I  do  myself  the  honor  to  enclose  a  duplicate  of  Lord 
Caermarthen's  letter  of  28th  February,  and  of  the  representations  of 
the  merchants  enclosed  in  it. 

With  great  respect,  &ic.,  JOHN  ADAMS. 


-o- 


FROM    JOHN    ADAMS    TO    JOHN    JAV. 

London,  July  15,  178G. 
Sir, 

On  Wednesday,  the  13th,  the  Marquis  of  Caermarthcn  informed 

mi;  that  Cnptuiii  Stanhope,  of  the  Mercury  man-of-war,  to  use  his 

Lordihip's  own  words,  '*  had  rocuivod  a  severe  rap  over  the  kuucldes 


DIPLOMATIC  CORRESPONDENCE.  671 

'from  the  Lords  of  the  Admiralty,  for  his  conduct  at  Boston.  His 
'Lordship  had  received  a  letter  from  Lord  Howe,  accompanied  with 
'a  long,  dull  letter  from  Captain  Stanhope,  which,  instead  of  being 
*  a  justification  of  his  conduct,  was  rather  an  aggravation  of  it." 
His  Lordship  then  called  in  his  under  Secretary  of  State,  Mr. 
Frazier,  and  ordered  the  letter  from  the  Admiralty  to  be  brought  to 
him,  which  he  read  to  me.  It  informed  him  that  the  Lords  of  the 
Admiralty  had  called  upon  Captain  Stanhope  for  his  justification  of 
his  conduct  to  Governor  Bowdoin,  and  had  received  from  him  the 
letter  enclosed,  for  the  information  of  his  INIajesty,  which  their 
Lordships,  however,  thought  no  apology ;  that  their  Lordships  had 
accordingly  signified  to  Captain  Stanhope  their  sensible  displeasure 
at  his  conduct ;  and  as  the  ^Mercury  had  been  ordered  home  from 
the  American  station,  their  Lordships  would  take  special  care  that 
he  should  be  no  longer  continued  in  that  service. 

The  Secretary  of  State  was  pleased  to  say,  further,  that  he  would 
speak  to  Lord  Sidney  concerning  the  affair  of  the  eastern  line,  that 
Sir  Guy  Carleton  might  have  insti'uctions  concerning  it  before  he 
went  out. 

His  Lordship  was  asked  if  any  appointment  had  been  made  of  a 
Minister  Plenipotentiary  to  the  United  States,  and  answered,  not 
yet. 

With  gi-eat  respect,  Uc,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  Jixly  30,  1786. 

Dear  Sir, 

I  have  received  the  letter  you  did  me  the  honor  to  write  me  on  the 
6th  of  June,  with  the  ratification  of  the  treaty  with  Prussia.  As  the 
term  limited  is  near  expiring,  I  shall  go  over  to  Holland,  or  send 
Colonel  Smith  to  make  the  exchange. 

Mr.  Penn,  a  member  of  the  House  of  Commons,  whose  character 
is  well  known  in  America  and  in  England  as  a  steady  friend  to  our 
country  will  be  the  bearer  of  this,  and  will  be  able  to  acquaint  you 
with  the  present  disposition  of  this  Court  and  nation ;  and  I  believe 
his  information,  although  a  British  subject  and  Senator,  will  not  be 
materially  different  from  mine. 


672  JOHN  ADAMS-JOHN  JAY. 

I  cannot  but  lament  from  my  inmost  soul  that  lust  for  paper 
money  which  appears  in  some  parts  of  the  United  States.  There 
will  never  be  any  uniform  rule,  if  there  is  a  sense  of  justice,  nor  any 
clear  credit,  public  or  private,  nor  any  settled  confidence  in  public 
men  or  measures,  until  paper  money  is  done  away. 

It  is  a  great  satisfaction  to  me  to  learn  that  you  have  received,  in 
my  letter  of  the  4th  March,  the  answer  of  this  Court  to  the  memorial 
respecting  the  posts.  As  that  is  a  despatch  of  more  importance  than 
all  others  you  have  received  from  me,  I  shall  be  anxious  to  know 
your  sentiments  upon  it.  You  will  not  expect  me  to  answer  Lord 
Caermarthen's  letter,  nor  to  take  any  further  steps  concerning  it  until 
I  shall  receive  the  orders  of  Congress. 

I  wish  for  the  instructions  of  that  august  body  concerning  a 
requisition  in  their  name  for  the  negroes — whether  I  am  to  demand 
payment  for  them,  at  what  prices,  and  for  what  number. 

With  great  regard,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  July  31,  1786. 
Dear  Sir, 

Paul  Randall,  Esquire,  who  has  been  with  Mr.  Lamb  to  Algiers, 
will  have  the  honor  to  deliver  this  letter,  in  order  to  lay  before 
Congress  the  earliest  information  of  all  that  has  come  to  his 
knowledge  in  the  course  of  his  journeys  and  voyages.  He  proposes 
to  return  without  loss  of  time  to  New  York.  He  has  conducted,  as 
far  as  I  can  judge,  with  prudence  and  fidelity,  and  has  merited  a 
recommendation  to  Congress. 

His  salary  will  be  paid  him  by  Mr.  Lamb,  if  arrived  in  New  York, 
out  of  the  moneys  remaining  in  his  hands.  Mr.  Lamb  has  drawn 
uj)OM  me  for  thret;  thousand  two  hundred  and  twelve  pounds  twelve 
sliiniiii:.s  sterling,  and  his  bills  for  that  sum  have  been  acjcepted  and 
j)ai(l.  !!(;  will  accuKint  with  Congress  for  the  expenditun;  of  it,  and 
pay  llie  balance  into  their  Treasury.  Mr.  Randall  was  at  some 
small  expense  for  clothing,  which  it  will  be  but  reasonable  to  allow 
him. 

There  are,  it  seems,  at  Algiers  onc-and-twenty  prisoners  taken  on 
board   the  two  American  vessels.     Mr.  Lamb  has  left  some  money 


DIPLOMATIC  CORRESPONDENCE.  673 

for  their  benefit,  but,  however  anxious  they  may  be  to  be  redeemed 
from  captivity,  there  is  reason  to  fear  that  all  that  money  will  be 
expended  before  they  obtain  their  liberty ;  in  which  case  they  will 
probably  write  to  me  for  more.  I  should,  therefore,  be  happy  to 
receive  the  instructions  of  Congress,  whether  I  may  be  permitted  to 
relieve  them,  and  how  far,  or  whether  they  must  be  left  to  the  care 
and  expense  of  their  friends  in  America  ?  If  the  last  should  be  the 
determination  of  Congress,  I  should  think  it  will  be  necessary  that 
some  public  advertisement  should  be  made  that  those  friends  may 
know  their  duty,  according  to  their  abilities.  The  provision  that  is 
made  for  the  subsistence  and  clothing  of  captives,  either  by  the 
Government  or  their  masters,  is  said  to  be  very  inadequate  to  their 
comforts  and  necessities. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  October  4,  1786. 

Dear  Sir, 

A  vessel  will  sail  from  hence  for  London  about  the  20th  instant. 
By  her  you  will  hear  from  me  again.  Since  the  date  of  my  last, 
viz:  19tli  August,  I  have  been  honored  with  your  letters  of  16th 
and  two  of  27th  June,  and  30th  and  31st  July  last ;  which,  with  the 
papers  enclosed  with  them  were  nnmediately  laid  before  Congress. 

You  will  hear  of  commotions  in  New  England.  The  enclosed 
account  of  one  at  Exeter,  New  Hampshire,  does  credit  to  the 
Government  of  that  State.  Massachusetts  seems  not  to  have 
adverted  to  obsta  principiis.  A  rage  for  paper  money,  and  too 
little  decision,  or  perhaps  capacity  of  decision,  in  the  construction  of 
our  Governments,  expose  us  to  inconveniences  for  which  it  is  time 
to  provide  remedies.  I  hope  you  will  soon  receive  instructions 
relative  to  the  objections  against  evacuating  the  posts.  That  matter 
is  in  train. 

Be  pleased  to  forward  the  enclosed  order  to  Mr.  Lamb.  We  hear 
nothing  certain  respecting  the  issue  of  Mr.  Barclay's  mission.  Report 
says  he  has  made  a  truce. 

With  great  esteem,  &tc.,  JOHN  JAY. 

Vol.  n.— 43 


674  JOHN  ADAMS-JOHN  JAY. 

FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  November  1,  1786. 

Dear  Sir, 

]My  last  to  you  was  dated  4th  ultimo,  since  which  I  have  been 
honored  with  yours  of  the  15th  July  last,  which  was  immediately 
communicated  to  Congress. 

]\Iy  report  on  the  answer  of  the  British  INIinister  to  your  memorial 
respecting  our  frontier  posts,  is  under  the  consideration  of  Congress. 
Your  ideas  and  mine  on  those  subjects  very  nearly  correspond,  and 
I  sincerely  wish  that  you  may  be  enabled  to  accommodate  every 
difference  between  us  and  Britain  on  the  most  liberal  principles  of 
justice  and  candor.  The  result  of  my  inquiries  into  the  conduct  of 
the  States  relative  to  the  treaty  is,  that  there  has  not  been  a  single 
day,  since  it  took  effect,  on  which  it  has  not  been  violated  in  America, 
by  one  or  other  of  the  States ;  and  the  observation  is  equally  just 
whether  die  treaty  be  supposed  to  have  taken  effect  either  at  the  date 
of  exchange  of  the  provisional  articles,  or  on  the  day  of  the  date  of 
the  definitive  treaty,  or  of  the  ratification  of  it. 

Our  affairs  are  in  a  very  unpleasant  situation,  and  changes  become 
necessary,  and  in  some  little  degree  probable.  When  Government, 
either  from  defects  in  its  construction  or  administration,  ceases  to 
assert  its  rights,  or  is  too  feeble  to  afford  security,  inspire  confidence, 
and  overawe  the  ambitious  and  licentious,  the  best  citizens  naturally 
grow  uneasy,  and  look  to  other  systems. 

How  fiir  the  disorders  of  Massachusetts  may  extend,  or  how  they 
will  terminate,  is  problematical ;  nor  is  it  possible  to  decide  whether 
the  people  of  Rhode  Island  will  remain  much  longer  obedient  to  tiie 
very  extraordinary  and  exceptionable  laws  passed  for  compelling 
them  to  embrace  the  doctrine  of  the  political  transubstantiation  of 
paper  in  gold  and  silver. 

I  suppose  that  our  posterity  will  read  the  history  of  our  last  four 
years  with  much  regret. 

I  enclose  for  your  information  a  pamplilft  containing  the  acts  of 
thf!  different  States  granting  an  impost  to  Congress. 

You  will  also  find  enclosed  a  copy  of  an  art  oC  Congress  of  20th 
and  2 1st  ultimo,  for  raising  an  additional  number  of  troops.  Tiiis 
inca-suro  was  doubtless  necessary,  although  the  difliciilty  of  i)roviding 
for  the  expense  of  it  is  a  serious  one.     I  (latter  tnysilf  y(ju  will  be 


DIPLOMATIC  CORRESPONDENCE.  675 

able  to  obviate  any  improper  suspicion  which  the  Minister  may  be 
led  to  entertain  respecting  the  objects  of  this  force. 

I  have  pressed  the  policy  of  deciding  on  my  report  on  the  infrac- 
tions of  the  treaty  without  delay,  that  you  may  thence  be  furnished 
with  conclusive  arguments  against  the  insinuations  of  those  who 
may  wish  to  infuse  and  support  opinions  unfavorable  to  us  on  those 
points. 

The  newspapers  herewith  sent  will  give  you  information  in  detail 
of  Indian  affairs,  but  they  will  not  tell  you  (what,  however,  is  the 
fact)  that  our  people  have  committed  several  unprovoked  acts  of 
violence  against  them ;  these  acts  ought  to  have  excited  the  notice 
of  Government,  and  been  punished  in  an  exemplary  manner. 

There  is  reason  to  believe  that  the  people  of  Vermont  are  in  corre- 
spondence with  Canada.  This  hint,  by  calling  your  attention  to 
that  subject,  may  possibly  suggest  modes  of  inquiry  and  further 
discoveries  on  your  side  the  water.  Some  suppose  that  the  eastern 
insurgents  are  encouraged,  if  not  moved,  by  expectations  from  the 
same  quarter ;  but  this  is  as  yet  mere  suspicion. 

I  have  left  my  despatches  for  Mr.  Jefferson  (which  you  will  find 
under  the  same  cover  with  this)  open  for  your  inspection.  You  will 
perceive  that  the  nature  of  them  is  such  as  to  render  it  expedient 
that  they  should  be  conveyed  to  him  without  risk  of  inspection. 
That  consideration  induced  me  to  decline  sending  them  by  the 
French  packet. 

With  great  and  sincere  esteem,  Stc,  JOHN  JAY. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  October  3,  178G. 

Dear  Sir, 
An  event  has  taken  place  of  too  much  importance  to  the  United 
States  to  be  omitted  in  despatches  to  Congress.  A  messenger 
arrived  at  the  Secretary  of  States  office  last  night,  with  a  treaty  of 
commerce  between  France  and  England,  signed  by  the  Count  de 
Vergennes  and  Mr.  Eden.  It  cannot  be  supposed  that  the  contents 
can  be  fully  known,  but  it  is  suggested  that  England  has  stipulated 
to  reduce  the  duty  upon  French  wines  to  the  sum  which  is  now 
stipulated  upon  Portugal  wines ;  reserving,  at  the  same  lime,  a  power 


676  JOHN  ADAMS-JOHN  JAY. 

of  reducing  those  upon  the  latter  one-thu'd  lower  than  they  are,  If 
necessary.  A  ^linistcr  (^Ir.  Faulkner)  is,  in  the  meantime,  sent  off 
to  Lisbon,  to  negotiate  there  both  this  point  and  another  in  dispute 
with  Ireland. 

England  has  stipulated  that  France  shall  enjoy  all  the  privileges 
in  trade  of  the  most  favored  nation  in  Europe ;  so  that  a  reservation 
is  made  of  a  right  to  allow  the  United  States  of  America  some 
superior  advantages. 

It  is  supposed  that  France  is  to  admit  British  manufactures,  and 
that  all  the  commerce  is  to  be  carried  on  in  British  bottoms. 

The  treaty  is  probably  subject  to  the  ratification  or  consent  of 
Parliament,  and  will  be  kept  as  secret  as  possible  till  the  meeting  of 
that  assembly. 

The  consequences  of  this  treaty  cannot  be  indifferent,  and  time 
alone  can  reveal  who  is  the  gainer ;  but  this  is  clear,  that  if  either 
obtains  any  considerable  advantage,  a  war  must  ere  long  be  the 
consequence  of  it ;  for  neither  of  these  nations  can  bear  to  be  out- 
witted by  the  other  in  commercial  affairs. 

The  negotiation  between  England  and  Russia  is  at  a  stand,  and 
the  foreign  ^linisters  here  are  anxious  to  learn  whether  there  is  to 
be  a  better  understandinfj  between  London  and  Berlin,  durinfj  the 
present  reign  in  Prussia,  than  there  was  in  the  last.  It  is  certain 
that  England,  more  or  less  underhand,  supports  the  Prince  of 
Orange,  who  is  more  openly  encouraged  by  his  brother-in-law,  the 
present  King  of  Prussia.  France,  on  the  other  hand,  has  connexions 
with  the  Republicans,  who  seem  determined  that  no  foreign  Power 
shall  interfere  in  their  internal  policy.  The  Emperor  would  not  be 
sorry  to  see  France  and  Prussia  at  variance  concerning  Dutch 
affairs.  For  all  these  reasons  together,  I  hope  the  patriots  in  Holland 
will  have  a  peaceable  opportunity  to  go  through  their  projected  resto- 
ration and  improvement  of  their  constitution. 

The  designs  they  entertain  arc  interesting  to  mankind  in  general, 
as  well  as  to  their  particular  country,  since  the  principles  of  liberty 
and  the  theory  of  good  government  may  be  propagated  by  them. 

A  writer  of  great  abilities  and  reputation  has  been  enqjloyed  to 
draw  up  a  plan  for  the  settlement  of  the  republic,  to  wliieli  many  of 
the  ai)lest  men  in  the  several  pro\inees  have  eontribuled  their  assist- 
ance. It  has  been  published  in  three  volumes,  under  the  title  of 
GronJcwcllige  Ilcrstdllng,  and  near  five  thousand  copies  of  it  have 


DIPLOMATIC  CORRESPONDENCE.  677 

been  sold,  which  shows  the  zeal  with  which  it  has  been  generally 
approved.  .The  author  of  it  is  INIr.  Cerisier,  who  has  been  constant 
to  his  principles,  and  has  professedly  recommended  the  constitutions 
of  our  United  States  as  models,  as  far  as  the  circumstances  will 
admit.  Several  cities  have  reformed  their  regencies  according  to  his 
ideas ;  and  many  more — perhaps  all — will  follow  their  example,  if 
no  foreign  Power  should  interfere.  In  a  late  excursion  to  the  Low 
Countries,  I  happened  to  be  at  Utrecht  on  the  day  of  the  ceremony 
of  administering  the  oaths  to  the  new  magistrates  elected  by  the  free 
suffrages  cf  the  people.  It  was  conducted  with  perfect  order  and 
striking  dignity,  in  the  presence  of  the  whole  city,  well  armed  and 
well  clothed  in  uniform,  and  apparently  well  disciplined,  besides  a 
vast  concourse  of  spectators  from  other  cities.  A  revolution, 
conducted  in  this  decisive  manner,  and  with  such  decorum,  shows 
the  principles  upon  which  it  was  founded  must  have  taken  a  very 
deep  root. 

If  neighboring  monarchies  should  not,  from  jealousies  that  demo- 
cratical  principles  may  spread  too  far,  and,  in  time,  affect  their  own 
subjects,  interfere  and  disturb  this  free  people,  they  will  exhibit  to 
the  world  something  worthy  of  its  attention.  When  I  mention 
democratical  principles,  I  do  not  mean  that  it  is  their  intention  to 
establish  a  Government  merely  democratical,  but  a  well-regulated 
Commonwealth,  consisting  in  a  composition  of  democratical,  aristo- 
cratical,  and  monarchical  powers,  without  which  they  are  too 
enlightened  to  suppose  that  peace  and  liberty  can  ever  be  long 
preserved  among  men. 

With  great  and  sincere  esteem,  &ic.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Squfire,  October  27,  1786. 

Dear  Sir, 
When  the  ratification  of  Congress  of  their  treaty  with  the  King 
of  Prussia  arrived  here,  the  term  limited  for  the  exchange  of  it  was 
near  expiring.  As  a  few  members  of  the  States  General  had 
discovered  uneasiness  at  my  coming  to  London  without  going  to  the 
Hague  to  take  leave,  it  seemed  a  convenient  opportunity  to  go  over 


{378  JOHN  ADAMS-JOHN  JAY. 

and  show  them  as  much  of  the  respect  they  required  as  remained  in 
my  power.  Accordingly  I  went,  and,  making  the  customary  visits 
to  the  President,  Pensionary,  and  Secretary,  renewed  assurances 
of  the  friendship,  esteem,  and  respect  of  the  United  States  for  their 
High  Mightinesses  and  the  RepubHc  ;  and  the  visit  appeared  to  be 
kindly  received.  The  exchange  of  ratifications  was  soon  made  with 
the  Baron  de  Thulemeier,  who  had  time  to  transmit  the  act  of 
Congress  to  the  great  Prince,  who  first  proposed  the  treaty  some 
days  before  he  expired.  The  ratification,  under  the  signature  of 
Frederick  the  Great,  is  here  enclosed. 

At  the  same  time,  sir,  you  will  receive  so  much  of  the  substance 
of  a  treaty  of  commerce  between  France  and  England  as  the  Min- 
istry have  thought  fit  to  publish.  This  is  so  great  an  event,  and 
must  have  consequences  so  extensive,  that  I  feel  myself  incapable 
of  forming  any  judgment  of  it,  upon  the  whole.  Every  treaty  of 
commerce  between  these  nations,  for  three  hundred  years,  has  been 
found  beneficial  to  France  and  hurtful  to  England. 

But,  at  present,  this  nation  is  very  sanguine  the  advantage  will 
be  theirs.  They  boast  of  the  superior  skill  of  their  manufacturers, 
of  the  superlative  excellence  of  their  manufactures,  the  multitudes 
of  inventions  and  machines  peculiar  to  themselves,  by  which  time 
and  labor  are  saved,  and  productions  sold  cheaper  than  in  any  other 
country.  A  market  like  France,  where  five-and-twenty  millions  of 
people  have  occasion  for  English  fabrics,  must  be  a  valuable  acqui- 
sition. Commercial  connections,  by  softening  prejudices,  may  lessen 
the  disposition  to  war;  and  a  friendship,  even  an  alliance  with 
France,  would  enable  the  two  nations  to  govern  the  world.  This 
is,  at  present,  the  style  of  conversation,  and  the  treaty  appears  to  be 
popular. 

France  and  England  arc  both  endeavoring,  at  this  moment,  to 
impose  upon  each  other  by  j)rofessing  desires  of  friendship  which 
tlw^y  never  felt.  The  secret  motive  of  both  is  to  impose  upon  the 
Lnilcd  Stales  of  America.  The  English  imagine  that,  by  assuming 
an  appearance  of  friendship  for  France,  they  shall  excite  a  j(!alousy 
of  France  in  America,  and  provoke;  Congress  to  break  their  faith 
with  her.  Tin;  I''rencli  are  in  hopes  that,  by  putting  on  a  sliow  of 
familiarity  with  England,  they  shall  >limulate  Congress  to  make  llicm 
l)roposals  of  closer  connexions.     The  w  hole,  at  bottom,  is  a  farce  of 


DIPLOMATIC  CORRESPONDENCE.  679 

political  hypocrisy.     The  United   States  will   continue  steadily,  it  is 
to  be  hoped,  on  the  reserve. 

England  is  now  pursuing  her  proposals  of  treaties  of  commerce 
with  the  Emperor,  the  Empress  of  Russia,  with  Denmark,  and 
Portugal,  and,  perhaps,  Spain.  France  and  the  Emperor  took  the 
only  way  to  compel  England  to  treat,  when  they,  by  their  edicts, 
prohibited  British  manufactures.  The  United  States  must  imitate 
the  example,  or  they  will  never  be  attended  to. 

The  present  appearances  of  friendship  are  forced  and  feigned. 
The  time  may  not  be  far  distant,  however,  when  we  may  see  a 
combination  of  England  and  the  house  of  Bourbon  against  the 
United  States.  It  is  not  in  gloomy  moments  only,  but  in  the  utmost 
gayety  of  heart,  I  cannot  get  rid  of  the  persuasion  that  the  fair  plant 
of  liberty  in  America  must  be  watered  in  blood.  You  have  seen 
enough  in  Europe  to  know  that  these  melancholy  forebodings  are  no 
chimeras.  There  is  such  a  disposition  in  the  principal  Powers  who 
have  possessions  in  the  Indies,  that  our  country  will  find  no  other 
resource  but  to  swear  her  children  on  the  holv  altar  to  fio;ht  them  all 
at  once  in  defence  of  her  liberties.  It  may  have  some  tendency  to 
save  us  from  such  extremities,  if  we  enter  into  treaties  with  the  two 
Empires ;  for  these  will  soon  be  jealous  of  any  connexion  between 
France  and  England. 

The  Chevalier  del  Pinto's  courier  is  not  yet  returned  from  Lisbon 
with  the  treaty.  This  worthy  Minister  makes  frequent  apologies  on 
account  of  the  absence  of  the  Queen  in  the  country,  and  the  unset- 
tled state  of  the  Court;  but,  perhaps,  there  maybe  difficulties  which 
he  is  not  apprized  of,  or  not  inclined  to  mention. 

Mr.  Barclay's  treaty  with  INIorocco  is  not  yet  come  to  hand. 
Congress  will,  I  hope,  determine  whether  we  are  to  send  him  or  any 
other  to  Algiers,  without  more  money  in  his  hands.  It  would  cost 
us  three  or  four  thousand  pounds,  to  send  any  one,  and  unless  he  has 
the  power  to  offer  larger  presents,  he  would  only  make  matters 
worse. 

I  hope  our  country,  in  every  part  of  it,  will  cherish  their  militia  as 
the  apple  of  their  eyes,  and  put  everything  in  as  good  a  posture  of 
defence  as  possible,  and  keep  up  a  constant  expectation  of  war. 
This  is  the  best  and  most  serious  advice  that  can  be  given  by,  dear 
sir,  &ic., 

JOHN  ADAMS. 


6S0  JOHN  ADAMS— JOHN  JAY. 

FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  January  17,  1787. 

Dear  Sir, 

Since  my  last  to  you  of  1st  November,  I  have  been  favored  with 
yours  of  3d  and  27th  October,  1786. 

Nothing  material  has  since  taken  place.  Congress  have  not  made 
a  House  since  the  3d  November  last.  There  is  a  prospect  of  there 
soon  being  one.  Until  then  their  foreign,  and,  indeed,  domestic, 
affairs  must  continue  much  at  a  stand.  You  will,  herewith,  receive 
the  public  papers. 

You  will  soon  hear  from  me  again. 

I  am,  dear  sir,  &;c.,  JOHN  JAY. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  February  6,  1787. 

Dear  Sir, 

Congress  at  length  begins  to  do  business.  Seven  States  are 
represented,  and  General  St.  Clair  was,  three  days  ago,  chosen 
President. 

Since  my  last  to  you  of  17th  ultimo,  I  have  not  had  the  pleasure 
of  receiving  any  letters  from  you. 

You  will,  herewith,  receive  a  letter  from  Congress  to  the  Queen 
of  Portugal,  which  you  will  be  pleased  to  transmit  in  the  manner 
suggested  in  my  report,  of  which  you  will  find  a  copy  enclosed. 
The  Colonel  will,  I  hope,  be  pleased  with  the  commission.  J3(>ing 
persuaded  that  your  instructions  to  him  will  comprehend  every 
proper  object,  I  forbear  suggesting  any  hints  on  that  head. 

A  report  on  your  correspondence  with  Lord  Caermarthen,  relative 
to  the  posts  and  treaty  of  peace,  was  made  to  Congress  on  the  13th 
day  of  October  last,  and  you  shall  be  informed  without  drlay  of  the 
result  of  their  deliberations  nj)on  that  and  other  points  arising  from 
your  letters-.  As  yet  no  great  progress  towards  a  decision  on  any  of 
llioin  has  been  made. 

I  find  myself  too  inueli  constrained  by  the  reflection  that  this  letter 
i.s  to  go  iiy  tlu!  packet  to  be  very  particular. 

Willi  great  and  sincere  esteem,  &.C.,  JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  681 

Office  for  Foreign  Affairs,  January  25,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  to  him  from  the  honorable 
John  Adams,  of  the  27th  June  last,  informing  that  the  Queen  of 
Portugal  had  ordered  her  squadron  in  the  straits  to  protect  the 
vessels  of  the  United  States  equally  with  those  of  her  own 
subjects,  reports : 

That,  in  his  opinion,  as  this  Is  a  particular  mark  of  her  Majesty's 
friendly  disposition,  it  should  be  acknowledged  in  the  manner  most 
likely  to  be  pleasing  and  acceptable.  He  therefore  thinks  it  would 
be  proper  for  Congress  to  write  her  a  letter  of  the  following  tenor : 

"Great  and  good  Friend, 

"We  take  the  earliest  opportunity,  since  our  annual  election,  of 
'  presenting  to  your  Majesty  our  sincere  acknowledgments  for  the 
'  friendly  regard  you  have  manifested  for  us.  In  having  ordered  your 
<  squadron  In  the  straits  to  protect  our  vessels  equally  with  those  of 
'  Portugal. 

"  Permit  us  to  assure  you  that  we  shall  retain  this  mark  of  generous 
'  attention  in  grateful  remembrance,  and  shall  omit  no  opportunity  of 
'testifying  our  desire  to  establish  and  perpetuate  between  our  two 
'  countries  an  Intercourse  of  commerce  and  good  offices,  which  may 
'prove  no  less  beneficial  than  agreeable  to  both. 

"  We  pray  God  to  bless  and  preserve  your  Majesty.  Done  by  the 
'  Congress  of  the  United  States,  convened  at  the  city  of  New  York, 
'  the day  of ,  seventeen  hundred  and  eighty-seven." 

As  this  communication  was  made  by  the  Envoy  In  London  to  Mr. 
Adams,  your  Secretary  thinks  this  letter  should  be  transmitted  to 
him ;  and  that  the  compliment  would  be  more  delicate  if  his 
Secretary  was  commissioned  to  carry  and  deliver  it.  Perhaps,  too, 
so  striking  a  proof  of  respect  might,  among  other  consequences, 
promote  the  conclusion  of  the  treaty. 

Mr.  Adams,  In  the  same  letter,  takes  notice  of  the  question,  whether 
it  would  not  be  expedient  for  the  United  States  to  wage  war  with  the 
hostile  Powers  of  Barbary ;  but  as  your  Secretary  submitted  his 
sentiments  on  that  subject  to  Congress,  In  his  report  of  the  20th 
day  of  October,  1785,  he  forbears  to  repeat  them  In  this. 

All  which  Is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


682  JOHN  ADAMS-JOHN  JAY. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  November  30,  1786. 

Dear  Sir, 

Your  favor  of  the  4th  of  October  I  have  had  the  honor  to  receive, 
and  have  dispatched  the  resolution  enclosed  in  it  to  Paris,  to  go  from 
thence  to  Spain ;  but  I  hope  Mr.  Lamb  is  already  on  his  passage  for 
America. 

The  commotions  in  New  England  will  terminate  in  additional 
strength  to  Government,  and,  therefore,  they  do  not  alarm  me. 

I  have  lately  received  from  Lord  Caermarthen,  officially,  the 
enclosed  treaty  between  France  and  England.  Congress  will  be 
able  to  form  a  judgment  of  it  with  more  accuracy  than  I  can  pretend 
to.  There  is  no  obvious  particular  in  which  it  can  be  prejudicial  to 
us.  At  first  it  appeared  to  be  popular  here.  At  present  there  is 
some  appearance  of  opposition. 

There  are  no  symptoms  of  a  inore  favorable  inclination  to  a  treaty 
with  confederated  America,  although  the  taxes  have  fallen  short  very 
considerably.  Mr.  Pitt  will  be  obliged  to  propose  fresh  taxes,  and 
the  people  will  bear  them;  for,  in  this  country,  the  people  universally 
endeavor  to  reconcile  themselves  to  their  inevitable  situation,  and  to 
encounter  their  difficulties  with  courage  and  constancy.  They  know 
that  the  interest  of  their  public  debt  must  be  paid,  or  they  must  be 
ruined ;  for  nobody  ever  here  is  profligate  enough  even  to  insinuate 
that  public  faith  and  credit  is  to  be  trampled  under  foot,  or  trifled 
witii. 

It  is  a  pity  that  every  American  could  not  be  transported  to 
Europe  for  a  few  weeks  to  take  a  view  of  the  taxes  paid  in  France, 
Spain,  Holland,  and  England,  and  see  how  the  people  live.  It  would 
soon  reconcile  them  to  their  situation,  and  make  them  ashamed  to 
have  ever  uttered  a  complaint.  The  just  complaint  of  the  people, 
of  real  grievances,  ought  not  to  be  discouraged  ;  and  even  their 
imaginary  grievances  may  be  treated  with  too  great  severity ;  but 
when  a  cry  is  set  up  for  the  abolition  of  debts,  an  equal  division  of 
property,  and  the  abolition  of  Senates  and  Governors,  it  is  time  for 
r.\('vy  honest  man  to  c-orisi(l(,'r  his  situation.  The  people  at  large;  will 
In-  lui^craljh-  dupes  indeed,  if  they  indulge  themselves  in  slumbers 
which  may  give  scope;  to  a  few  of  tiie  most  worthless  in  society,  in 
point  of  morals  as  well  as  property,  to  render  their  lives,  liberties, 
religion,  property,  and  characters  insecure.     The  laws  alone  can 


DIPLOMATIC  CORRESPONDENCE.  683 

secure  any  man  his  own  body,  estate,  or  peace  of  mind;  and  if  these 
are  scorned,  in  God's  name  what  is  ever  to  be  respected ;  what  is 
there  worth  hving  for? 

Doctor  White  and  Doctor  Provost,  he,  have  arrived  at  Fal- 
mouth, but  not  yet  come  to  town.  By  them  we  expect  more 
letters. 

With  great  respect,  Sic,  JOHN  ADAMS. 


FKOM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  February  21,  1787. 

Dear  Sir, 

I  had  the  pleasure  of  receiving,  two  days  ago,  your  letter  of  the 
30th  November,  by  Mr.  Mitchell.  It  was  the  next  morning  laid 
before  Congress. 

Nine  States  are  now  represented,  but  as  yet  little  progress  has 
been  made  in  the  business  before  them.  My  report  on  the  infrac- 
tions of  the  treaty  complained  of  by  Britain  has  been  referred  to  a 
new  committee,  and,  I  think,  a  very  good  one.  Various  opinions 
prevail  on  the  subject,  and  I  cannot  conjecture  what  the  ultimate 
decision  of  Congress  on  it  will  be. 

The  insurrection  in  Massachusetts  seems  to  be  suppressed ;  and 
I  herewith  enclose  the  papers  containing  the  details  we  have  received 
since  the  6th  instant,  when  I  wrote  to  you  by  the  packet.  Your 
sentiments  on  that  business  prove  to  have  been  just. 

I  ought  to  write  you  fully  on  many  subjects,  but  I  am  not  yet 
enabled;  when  I  shall  be,  cannot  be  predicted.  Our  Government 
is  unequal  to  the  task  asigned  it,  and  the  people  begin  also  to  per- 
ceive its  inefficiency.  The  Convention  gains  ground.  New  York 
has  instructed  her  delegates  to  move  in  Congress  for  a  recommenda- 
tion to  the  States  to  form  a  Convention ;  for  this  State  dislikes  the 
idea  of  a  Convention,  unless  countenanced  by  Congress.  I  do  not 
promise  myself  much  further  immediate  good  from  the  measure,  than 
that  it  will  tend  to  approximate  the  public  mind  to  the  changes 
which  ought  to  take  place.  It  is  hard  to  say  what  those  changes 
should  be,  exactly.  There  is  one,  however,  which  I  think  would  be 
much  for  the  better,  viz :  to  distribute  the  Federal  sovereignty  into 
its  three  proper  departments  of  executive,  legislative,  and  judicial ; 


6S4  JOHN  ADAMS-JOHN  JAY. 

for  that  Congress  should  act  in  these  different  capacities  was,  I 
think,  a  great  mistake  in  our  poHcy. 

This  State,  in  their  present  session,  has  greatly  moderated  their 
severities  to  the  Tories,  a  law  having  been  passed  to  restore  a  very 
great  majority  of  those  resident  here  to  the  rights  of  citizens. 

I  hope  all  discriminations  inconsistent  with  the  treaty  of  peace 
will  gradually  be  abolished,  as  resentment  gives  place  to  reason  and 
good  faith.  But,  my  dear  sir,  we  labor  under  one  sad  evil — the 
Treasury  is  empty,  though  the  country  abounds  in  resources,  and 
our  people  are  far  more  unwilling  than  unable  to  pay  taxes.  Hence 
result  disappointment  to  our  creditors,  disgrace  to  our  country,  and, 
I  fear,  disinclination  in  too  many  to  any  mode  of  government  that 
can  easily  and  irresistibly  open  their  purses.  INIuch  is  to  be  done, 
and  the  patriot  must  have  perseverance  as  well  as  patience. 

1  am,  dear  sir,  he,  JOHN  JAY. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

New  York,  April  2,  1787. 

Dear  Sir, 

Since  my  last  to  you,  of  25th  Febmary,  I  have  not  been  favored 
with  any  letters  from  you. 

Congress  have  made  some  progress  in  my  report  on  your  letter 
of  4th  March,  1786,  and  the  papers  that  accompanied  it.  They 
lately  passed  the  resolutions,  of  which  you  will  find  a  copy  herewith 
enclosed.  Having  been  ever  since,  and  still  being,  too  much  indis- 
posed to  prepare  instructions  to  you  on  these  subjects  in  time  for 
their  being  reported  and  agreed  to  by  Con;,riTss,  and  transmitted  by 
this  opportunity,  1  send  this  copy  merely  for  your  information.  Per- 
liaps  it  might  be  well  to  conmiunicate  it  informally  to  the  Minister. 
I  think  it  would  have  a  good  effect,  and  tend  to  abate  the  irritation 
whifh  long  delays  and  silence  may  liave  occasioned. 

The  Moroct^o  tn^aty  has  not  yet  arrived,  and  we  arc  still  in 
suspense  about  the  fate  of  the  one  with  l*ortugal. 

What  good  will  result  from  the  convention  to  be  convened  in 
pursnanrr;  of  the  resolution,  of  which  1  also  enclose  a  copy,  is 
unceriain.  Something  is  very  necessary  to  be  done,  for  our  dillicul- 
ties  increase  day  by  day.     I  am   loo   unwell   to  write  much  at  this 


DIPLOMATIC  CORRESPONDENCE.  685 

time,  nor  do  I  expect  to  recover  a  tolerable  degree  of  health  until 
the  season  admits  of  my  taking  exercise.  Although  exceedingly 
temperate,  my  digestion  is  bad,  and  a  lingering  fever  hangs  about 
me. 

I  am,  dear  sir,  Stc,  JOHN  JAY. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  May  3,  1787. 

Sir, 

In  obedience  to  the  orders  of  Congress,  I  have  the  honor  of 
informing  you  that  Phineas  Bond,  Esq.,  has  presented  to  Congress 
a  commission  from  his  Britannic  Majesty,  constituting  him  Commis- 
sary for  all  commercial  affairs  within  the  United  States  ;  and  another 
commission,  constituting  him  Consul  for  the  States  of  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  and  Maryland. 

Congress,  being  desirous,  on  this  and  every  other  occasion,  to 
manifest  their  disposition  to  cultivate  a  friendly  correspondence  with 
Great  Britain,  have  received  Mr.  Bond  in  his  latter  capacity,  although 
no  treaty  or  convention  subsists  between  the  two  countries  whereby 
either  has  a  right  to  establish  Consuls  in  the  dominions  of  the 
other. 

As  yet,  Congress  have  not  received  any  commissaries  for  commer- 
cial affairs,  and  they  think  it  most  prudent  not  to  receive  them  from 
any  nation,  until  their  powers  shall  have  been  previously  ascertained 
by  agreement ;  lest,  as  those  appointments  are  seldom  made,  and 
both  parties  may  not  have  precisely  the  same  ideas  of  the  extent  of 
the  powers  and  privileges  annexed  to  them,  disagreeable  questions 
and  discussions  might,  and  probably  would,  otherwise  take  place  on 
those  delicate  subjects. 

You  will  be  pleased  to  submit  these  reasons  to  his  Majesty,  and 
to  assure  him  that  Congress  regret  the  objections  which  oppose  their 
complying  with  his  wishes  in  this  instance,  but  that  they  are  ready 
to  join  with  his  Majesty  in  such  agreements  or  conventions  as  may 
be  necessary  to  remove  them,  and  which  may  also  tend  to  promote 
and  establish  a  friendly  and  satisfactory  commercial  intercourse 
between  the  two  countries. 

I  have  the  honor  to  be,  he,  JOHN  JAY. 


6S6  JOHN  ADAMS— JOHN  JAY. 

FROM    JOHX    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  January  9,  1787. 

Dear  Sir, 

I  am  unable  to  give  you  any  account  of  the  reasons  which  have 
prevented  the  treaty  with  ]Morocco  from  reaching  London  ;  but  it  has 
not  yet  made  its  appearance.  The  Tripoline  Ambassador  sent  me 
a  pohte  message,  and  desired  a  conference.  It  was  agreed  to,  and 
his  Excellency  was  pleased  to  inform  me  that  he  had  received 
repeated  letters  to  return  home,  and  should  depart  in  a  few  weeks ; 
desired  to  be  informed  whether  any  further  instructions  had  been 
received  from  Congress  relative  to  a  treaty  with  Tripoli,  and  being 
answered  in  the  negative,  he  said  the  decree  was  written  in  heaven, 
and,  if  a  peace  was  preordained  between  my  country  and  his,  it 
would  take  place.  He  should  be  happy,  when  he  arrived  in  his  own 
country,  to  be  instrumental  in  so  good  a  work. 

The  Chevalier  del  Pinto,  with  a  great  deal  of  real  anxiety,  has, 
last  week,  renewed  his  apologies.  He  has  written  to  iNI.  de  Melho 
that  it  is  indecent,  that  he  is  ashamed  to  think  how  the  business  has 
been  delayed.  This  worthy  ^Minister  sent  one  of  his  own  favorite 
domestics,  who  has  called  at  the  Minister's  office  every  day,  but  has 
been  detained  from  the  month  of  May.  The  jNIinister  has  been  sick; 
that  is  the  excuse.  In  short,  I  suppose  there  are  parties,  and  this 
late  negotiation  between  France  and  England  has  occasioned 
divisions  of  sentiment;  and  the  late  decease  of  the  King  of  Portugal, 
and  the  Queen's  retirement  in  the  country,  and  the  Minister's 
sickness,  have  prevented  any  determination  of  any  questions  of 
importance. 

According  to  the  usages  of  the  diplomatic  order,  I  ought,  before 
now,  to  have  mentioned  the  death  of  her  Royal  Highness  the  Prin- 
cess Amelia,  aunt  of  his  present  Majesty  the  King  of  Great  Britain, 
on  the  evening  of  the  last  day  of  October  last. 

On  Thursday,  the  4th  day  of  tliis  month,  I  had  the  honor  of  a 
private  audience  of  iiis  Royal  Highness  the  Duke  of  Cumberland, 
having  been  previously  notified  by  the  master  of  the  ceremonies,  and 
presented  by  him.  All  tiu^  foreign  IMinisters  who  had  not  been 
before  presented  to  his  Royal  Highness,  were  presented  on  that  day. 
The  same  ceremonies  are  used  as  with  the  King. 

Enclosed  is  a  copy  of  a  letter  from  the  Marquis  of  Caermarthcn, 


DIPLOMATIC  CORRESPOXDEXCE.  QQI 

dated  the  11th  of  December  last.  His  Lordship  is  mistaken  or 
misinformed,  in  supposing  that  the  American  Ministers  admitted  the 
justness  of  the  claim.  That  was  wholly  out  of  their  power.  All 
they  could  do  was  to  transmit  it  to  Congress,  as  I  now  transmit  his 
Lordship's  letter,  without  any  concession  or  denial  of  the  justice  of 
it.  In  my  answer  to  his  Lordsliip,  I  shall  set  him  right  in  this 
particular. 

Enclosed,  likewise,  is  a  letter  of  5th  January-,  from  Messieurs 
Willinks  and  Van  Staphorsts,  relative  to  the  hotel  of  the  United 
States.  There  is  such  a  corrosive  dampness  in  the  air  of  that 
country,  that,  without  the  continual  attention  of  an  inhabitant,  a 
building  falls  to  decay  very  fast.  I  really  think  the  best  thing  that 
can  be  done  is  to  order  the  house  to  be  sold  by  -Messieurs  AVillinks 
and  Van  Staphorsts,  as  soon  as  possible.  This  is  the  best  advice  to 
be  given.  If  it  is  not  sold,  there  will  be  constant  expenses  for  taxes 
and  repairs,  without  saving  the  building  from  ruin.  As  it  is,  I  do 
not  believe  any  American  ^Minister  would  now  live  in  it.  This 
subject  deserves  the  immediate  attention  of  Congress. 

It  is  with  great  pleasure  that  I  am  able  to  inform  Congress  that 
the  credit  of  the  United  States  in  Holland  has  not  suffered  any 
material  shock  in  consequence  of  the  relations  of  tumults  and  sedi- 
tions in  ^Massachusetts  and  IV ew  Hampshire. 

With  great  regard,  kc,  JOHN  ADA:MS. 


FROM  LORD  CAERMARTHEN  TO  JOHX  ADAMS. 

"Wliitthall,  Xovember  1,  17SG. 
Lord  Caermarthen  presents  his  compliments  to  Mr.  Adams,  and  it 
is  with  the  greatest  concern  that  he  has  the  honor  to  acquaint  him 
with  the  melancholy  news  of  the  death  of  her  Royal  Highness  the 
Princess  Amelia,  his  Majesty's  aunt,  yesterday  evening,  between  five 
and  six  o'clock. 


FROM  LORD  CAERMARTHEN  TO  JOHN  ADAMS. 

Whitehall,  December  11,  1786 

Sir, 

You  wiil  be  pleased  to  recollect  that,  in  the  month  of  ^lay,  1783, 
^Ir.  Hartley  communicated  to  you  and  the  other  Plenipotentiaries 


638  JOHN  ADAMS-JOHN  JAY. 

then  residing  in  Paris,  pursuant  to  the  instructions  he  had  received, 
a  memorial  from  tlie  merchants  trading  to  South  Carolina  and 
Georgia,  representing  their  just  claims  to  an  indemnification  for  debts 
due  to  them  from  the  Creek  and  Cherokee  Indians,  for  the  payment 
of  which  a  tract  of  land  on  the  western  frontier  of  Georgia  had  been 
ceded  to  his  JMajesty  in  the  year  1773.  I  must  also  desire  to  recall 
to  your  recollection  that,  upon  this  representation  being  made  by  Mr. 
Hartley,  the  American  Plenipotentiaries,  though  they  did  not  think 
themselves  authorized  to  take  cognizance  of  the  affair,  admitted  the 
justness  of  the  claim,  and  assured  Mr.  Hartley  that  they  would 
transmit  it  to  Congress. 

As  Mr.  Hartley,  previous  to  the  conclusion  of  his  mission,  received 
no  answer  upon  this  subject,  I  am  under  the  necessity  of  requesting 
you  will  inform  me  whether  you  are  yet  acquainted  with  the  determ- 
ination of  Congress  relative  to  this  claim ;  and,  if  not,  that  you  will 
have  the  goodness  to  take  an  early  opportunity  of  again  representing 
the  case  of  these  sufferers  as  highly  deserving  the  consideration  of 
the  United  States,  from  whose  principles  of  equity  and  justice  I 
cannot  but  hope  the  memorialists  will  obtain  all  due  relief. 

I  am,  with  great  truth  and  regard,  &ic., 

CAERMARTHEN. 


FROM    MESSIEURS    VVILHEM     AND     JAN    WILLINK    AND     NICHOLAS    AND 
JACOB    VAN    STAPHORSTS    TO    JOHN    ADAMS. 

Amstcrdani,  January  5,  1787. 
We  had  the  honor  to  receive  in  due  tinu-  your  Excellency's  ever 
respected  favor,  advising  us  to  pay  in  specie  the  premiums  of  six  per 
cent,  for  sixty  thousand  francs,  drawn  last  October,  at  the  charge 
of  the  United  States.  We  shall  immediately  publish  the  same, 
together  with  the  payment  of  the  interest  due  1st  proximo  on  tho 
loan  of  two  millions,  which  will,  we  trust,  have  the  good  effect  upon 
the  credit  of  America  your  Excellency  and  we  promise  ourselves. 
Such  a  measure  is  the  best  possible  refutation  of  the  exaggerated 
reports  published  with  avidity  by  persons,  through  malice  or  igno- 
rance, of  the  confidence  and  respect  due  to  the  Government  of  the 
United  Slates. 

Your  Excellency  will   find   enclosed   a   letter  from   Mr.   Dumas, 


DIPLOMATIC  CORRESPONDENCE.  689 

with  the  report  of  surveyors,  of  the  present  condition  of  the  hotel 
of  the  United  States  at  the  Hague.  It  appears  to  us  something 
decisive  ought  to  be  done  in  this  respect  without  delay.  We  there- 
fore request  your  Excellency  to  transmit  us,  by  the  return  of  the 
mail,  your  directions  on  this  head,  which  shall  be  punctually  followed. 
In  waiting  them,  we  have  begged  of  Mr.  Dumas  not  to  incur  any 
but  the  indispensable  necessary  expense. 

We  request  your  Excellency  and  your  lady,  together  with  Colonel 
Smith,  to  accept  our  best  wishes  for  their  health  and  happiness 
during  the  present  and  many  succeeding  years,  and  have  the  honor 
to  be,  &Z-C., 

WILHEM  h  JAN  WILLINK, 
N.  h  J.  VAN  STAPHORSTS. 


FROM    M.    DUMAS    TO    MESSRS.    AV.    AND    J.    WILLINK    AND    MESSRS. 
N.    AND    J.    VAN    STAPHORSTS. 

The  Hague,  January  2,  1787. 

Gentlemen, 
On  the  receipt  of  your  letter  of  the  23d  December,  1786,  I  went, 
with  two  creditable,  impartial  citizens,  to  the  American  hotel,  to 
examine  it  throughout  myself,  together  with  those  who  accompanied 
me.  We  unfortunately  found  that  the  reports  which  had  been  made 
to  us  concerning  it  were  true,  and  that  there  is  no  time  to  be  lost  to 
prevent  accidents  to  passengers,  and  greater  expenses  hereafter.  I 
had  an  inspection  made  by  the  carpenter  to  see  whether  I  could 
accomplish  your  request  to  lay  planks.  He  frankly  declared  to  me 
that  he  could  not  do  it,  as  all  the  voor  geerel  was  rotten,  and  many 
parts  of  the  wall  were  falling  on  account  of  the  decay  of  the  beams. 
As  both  you,  gentlemen,  as  well  as  ourselves,  have  no  Aiews  in  this 
business,  and  as  I  am  certain  you  seek  only  the  interest  of  Congress, 
as  well  as  ourselves,  and  we  are  equally  desirous  to  prove  to  Con- 
gress that  the  steps  we  have  taken  are  upright  and  disinterested,  I 
would  not  refer  either  to  myself  or  to  the  carpenter,  but  to  other 
persons.  We  therefore  sent  the  voor  meisters  to  examine  it,  a  copy 
of  whose  declaration  you  will  find  enclosed,  which  I  did  not  receive 
until  this  morning  on  account  of  the  holydays,  although  it  is  dated 
the  29th  December.  I  have  been  obliged;  by  their  orders,  to  have 
Vol.  II.— 44 


690  JOHN  ADAMS-JOHN  JAY. 

supports  fixed  under  the  balcony,  until  I  have  your  further  orders, 
which  I  beg  you  will  send  me,  gentlemen,  as  soon  as  possible,  to 
prevent  any  accidents  and  complaints  which  are  made  to  us.  I  am 
told  that  the  arms  of  the  United  States  can  be  placed  in  the  room 
of  the  balcony ;  the  rather,  as  they  are  ready  in  the  house  for  that 
purpose ;  and  I  will  have  it  done,  in  order  to  preserve  the  right  of  a 
balcony  to  the  house.  I  am  sorry  for  the  decay  that  has  happened. 
But  let  the  matter  result  as  it  may,  whether  Congress  sends  a  Min- 
ister to  dwell  in  it,  or  orders  to  sell  it,  should  it  remain  in  its  present 
condition,  no  benefit  would  arise  from  it.  In  short,  gentlemen,  I 
have  informed  you  of  the  circumstances  as  they  are,  and,  in  expecta- 
tion of  your  orders,  I  shall  conform  to  them  with  exactness  and  all 
the  economy  possible  as  to  the  expenses. 

Permit  me,  gentlemen,  on  this  return  of  a  new  year,  to  address 
my  most  ardent  wishes  that  Heaven  may  grant  you  its  choicest  bless- 
ings, not  only  for  the  present,  but  through  years  far  remote.  Be 
pleased  to  make  my  wishes  acceptable  to  your  ladies,  with  our 
respectful  compliments,  which  my  spouse  and  daughter  desire  me  to 
send  you. 

I  am,  &tc.,  M.  DU:MAS. 


Copy  of  a  Certificate  of  the  Surveyors  of  the  Building,  on  a  stamp 
paper  of  twelve  stivers. 

We,  the  subscribers,  Peter  Van  Swieten  and  Jacob  Van  Brakel, 
surveyors  of  the  buildings  at  the  Hague,  have,  at  the  request  of  M. 
Dumas,  examined  what  repairs  are  necessary  to  be  done  at  the  hotel 
belonging  to  the  United  States  of  North  America,  situated  on 
Fluwelle  Burgwal,  in  this  town,  and  have  found  the  same  to  be  as 
follows : 

The  balcony,  with  the  cross-beam  at  the  front  above  the  entr}', 
ought  to  be  taken  away,  and  probably  must  be  entirely  renewed, 
because,  in  its  present  situation,  it  is  dangerous.  Several  windows 
in  front  must  be  repaired ;  some  of  them  are  so  rotten  that  the  panes 
of  glass  are  fallen  out.  From  the  top  bands  in  the  front  the  bindings 
are  removed,  and  they  are  not  properly  secured ;  in  consequence 
whereof,  the  middle  part  of  said  front  is  projected  some  inches,  and 
it  is  to  be  apprehended  that,  unless  proper  care  is  taken,  a  part  of 


DIPLOMATIC  CORRESPONDENCE.  691 

the  front  will  fall  into  the  street,  to  the  loss  of  the  owners  and  danger 
of  passengers. 

Thus  found  by  us  the  28th  December,  1786. 

V.  SWIETEN. 

JACOB  VAN  BRAKEL. 

Hague,  29th  December,  1786. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  Janueiry  24,  1787. 

Dear  Sir, 

I  must  beor  the  indulo;ence  of  Congress  while  I  solicit  their  attention 
for  a  few  moments  to  some  particulars  which  are  very  interesting  to 
me  personally,  and  have  some  relation  to  the  foreign  affairs  of  the 
United  States.  It  is  now  in  the  beginning  of  the  tenth  year  since  I 
embarked  first  for  Europe,  in  obedience  to  the  commands  of  the 
United  States.  The  various  services  to  v>fhich  they  have  been  pleased 
to  destine  me  are  known  to  Congress  by  their  own  records,  and  the 
particular  details  of  the  execution  of  their  orders,  as  far  as  circum- 
stances have  permitted,  have  been  transmitted,  from  time  to  time,  to 
Congress  and  their  Ministers  of  foreign  affairs,  so  that  it  would  be 
unnecessary  to  repeat  anything  of  that  kind  upon  this  occasion.  The 
mission  with  which  they  honored  me  to  the  United  Provinces  of  the 
Low  Countries,  both  as  public  Minister  and  as  agent  to  negotiate  a 
loan  of  money,  is  not  yet  revoked.  The  commissions  to  negotiate 
with  the  Barbary  States,  in  which  I  had  the  honor  to  be  associated 
with  Mr.  Jefferson,  are  still  in  force.  The  commission  to  his 
Britannic  Majesty  will  expire  on  the  24th  of  February,  1778 — this 
day  thirteen  months — unless  sooner  revoked.  I  take  this  early 
opportunity  of  informing  Congress  of  my  intention  to  return  to 
America  as  soon  after  the  expiration  of  this  commission  as  possible, 
that  measures  may  be  taken  in  season  to  complete  all  the  arrange- 
ments which  that  honorable  assembly  may  judge  necessary. 

I  have  been  a  witness  of  so  much  respect  and  affection  to  the 
United  States  of  America  in  the  Low  Countries,  and  have  there 
experienced  so  much  candor  and  friendship  to  myself,  that  it  is 
natural  for  me  to  wish  to  take  leave  of  their  High  Mightinesses  with 
decency,  and   according  to  the   forms  that  the  usages  of  nations 


692  JOHN  ADAMS-JOHN  JAY. 

prescribe.  I  must,  therefore,  solicit  a  letter  of  recall.  It  would  be 
a  pleasure  to  me  to  go  over  in  person  to  the  Hague  in  order  to 
present  it ;  but  as  I  have  the  most  candid  assurances  that  a  memorial 
sent  from  hence  would  be  equally  well  received,  I  shall  probably 
avoid  the  expense  of  a  journey.  If  Congress  judge  a  Minister  at 
that  Court  necessary,  they  will  appoint  one,  of  course ;  and  if  there 
is  further  occasion  for  borrowing  any  small  sums  of  money,  they  will 
commission  a  new  agent.  Colonel  Franks  arrived  here  this  morning 
with  the  treaty  with  jNIorocco,  and  will  be  despatched  to  Congress 
without  delay.  There  is  no  probability  of  any  further  progress  of 
success  with  the  Barbary  Powers,  without  further  orders  from 
Congress,  and  larger  sums  of  money.  If  Congress  should  give  fresh 
instructions,  and  order  more  money  to  be  appropriated,  I  must 
request  that  they  will  associate  some  other  person  with  Mr.  Jefferson, 
if  they  should  not  judge  it  more  convenient  for  that  able  and  excel- 
lent Minister  to  conduct  it  alone,  or  designate  some  other  single 
person  to  the  service.  It  may  be  the  intention  of  Congress  to  recall 
me  from  this  Court  before  the  expiration  of  their  present  commission, 
but  as  this  would  be  a  measure  of  eclat,  perhaps  they  may  judge  it 
more  prudent  to  avoid  it.  If  Congress  determine  to  send  another 
Minister,  I  hope  it  will  be  done  in  such  season  that  he  may  arrive 
before  my  departure.  If  no  other  Minister  is  sent,  it  will,  perhaps, 
be  thought  necessary  to  leave  the  negotiation  in  the  hands  of  a 
Charge  d'Affaires.  Colonel  Smith  has  at  present  only  a  commission 
as  Secretary  of  Legation.  I  may  be  permitted,  I  hope,  without 
presuming  too  far,  to  recommend  him  to  this  oflice,  and  solicit  it  for 
him.  When  he  was  appointed  Secretary,  he  was  unknown  to  me 
even  by  name.  He  has  since  formed  a  connexion  in  my  family, 
which  renders  it  delicate  for  me  to  say  any  thing  in  his  favor. 
Such  a  circumstance,  however,  cannot  forfi'il  his  title  to  justice  from 
iiM^ ;  and  it  is  no  more  to  say  that  his  conduct,  his  talents,  and  his 
industry  merit  a  much  higher  station  than  has  yet  been  assigned  him. 
You  know  perfectly  well,  sir,  tliat  tiie  ofiicc  even  of  a  public  Minister 
of  the  second  order  is  a  station  extremely  humiliating  at  any  Court 
in  Europe.  At  Versailles,  at  Madrid,  at  ihe  Hague,  and  at  London, 
the  difference  between  Ambassadors  and  Ministers  Plenipotentiary 
or  Envoys  is  so  immense,  that  the  latter  are  little  more  regarded 
than  the  maltrc  (Thotcl  of  a  Minister  of  State.  This  is  a  fact  known 
to  you,  but  not  known  to  our  countrymen ;  and,  therefore,  I  think  it 


DIPLOMATIC  CORRESPONDENCE.  693 

my  duty  to  mention  it  that  it  may  be  considered.  The  place  of 
Charge  d' Affaires  is  so  much  below  that  of  Minister,  and  that  of 
simple  Secretary  of  Legation  so  much  below  that  of  Charge 
d' Affaires,  that  nothing  can  reconcile  a  gentleman  who  has  com- 
manded in  an  army  through  a  whole  war,  with  reputation  to  it,  but 
the  most  decided  determination  to  sacrifice  his  feelings  to  the  good, 
or  rather  to  the  sense  of  his  country.  I  need  not  add  that,  in  the 
present  times  and  circumstances,  these  things  are  more  intolerable  in 
England  than  elsewhere. 

May  I  be  permitted  to  request  that  Congress  would  be  pleased  to 
take  up  this  subject  as  soon  as  their  more  important  affairs  will 
permit,  that  their  arrangements  may  be  received  in  Europe  in  time 
to  despatch  the  few  things,  both  of  a  public  and  private  nature,  that 
will  remain  for  me  to  do.  A  letter  of  recall  from  Holland,  and  an 
appointment  in  my  place  in  the  commission  to  the  Barbary  States, 
are  of  importance  to  be  expedited  early.  If  they  do  not  arrive  in 
season  before  the  expiration  of  the  commission  to  St.  James's,  I  shall 
presume  that  it  is  the  intention  of  Congress  to  take  no  further 
arrangements  in  those  affairs,  and  embark  with  my  family  for 
America  in  one  of  the  early  spring  ships  in  1788. 

With  great  respect,  he,  ^^^^  ADAMS. 


FROM   JOHN    ADAMS    TO    JOHN    JAY. 

London,  January  27,  1787. 

Sir, 

We  had  the  honor  of  transmitting  to  Congress  copies  of  the 
commission  and  instructions  which,  in  pursuance  of  the  authority 
delegated  to  us,  were  given  to  Mr.  Barclay  to  conduct  a  negotiation 
with  Morocco. 

Mr.  Barclay  has  conducted  that  business  to  a  happy  conclusion, 
and  has  brought  with  him  testimonials  of  his  prudent  conduct  from 
the  Emperor  of  Morocco  and  his  Minister  so  clear  and  full,  that 
we  flatter  ourselves  Mr.  Barclay  will  receive  the  approbation  of 
Congress. 

Mr.  Barclay  has  received  somewhat  more  than  four  thousand 
pounds  sterling  for  the  expenses  of  presents  and  all  other  things. 

Colonel  Franks,  who  accompanied  Mr.  Barclay  in  his  tedious 


694  JOHN  ADAMS-JOHN  JAY. 

journeys  and  difBcult  negotiations,  in  the  character  of  Secretary,  will 
be  despatched  to  Congress,  and  will  have  the  honor  of  delivering  this 
letter,  together  with  the  treaty,  the  Emperor's  letter  to  Congress,  and 
a  vai'iety  of  other  papers  relative  to  his  mission,  a  schedule  of  which 
is  annexed. 

The  resolution  of  Congress,  vacating  Mr.  Lamb's  commission  and 
instructions,  has  been  forwarded  to  him,  and  we  have  repeatedly 
advised  him  to  return  to  New  York.  That  gentleman  has  received 
somewhat  more  than  three  thousand  pounds  sterling  of  the  public 
money,  for  which  he  is  accountable  to  Congress. 

We  beg  leave  to  recommend  Mr.  Barclay  and  Colonel  Franks  to 
the  favorable  consideration  of  Congress. 

It  is  no  small  mortification  not  to  be  able  to  communicate  any 
intelligence  concerning  the  treaty  with  Portugal ;  the  Chevalier  del 
Pinto  is  equally  uninformed.  His  own  confidential  domestic,  des- 
patched to  Lisbon  last  spring,  has  been  constantly  waiting  on  the 
]\Iinister  for  an  answer,  but  has  obtained  none,  and  has  not  yet 
returned  to  London.  The  treaty  between  France  and  England  has 
probably  excited  parlies  and  surprise  in  Portugal,  and  the  system 
of  men  and  measures  is  not  yet  settled ;  the  apologies  are  the 
Queen's  absence  in  the  country,  and  the  Prime  Minister's  indispo- 
sition. 

The  article  of  money  is  become  so  scarce  and  precious,  that  we 
shall  be  obliged  to  suspend  all  further  proceedings  in  the  Barbary 
business,  even  for  the  redemption  of  prisoners,  until  we  shall  be 
honored  with  fresh  instructions  from  Congress. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM    THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Cadiz,  October  2,  178G. 

Gentlemen, 

By  the  bearer,  Colonel  Franks,  I  do  myself  the  honor  to  send  you 
in  a  small  box  the  following  articles : 

1st.  A  book  containing  the  original  treaty,  in  Arabic,  between  the 
Emperor  of  Morocco  and  tin;  United  States. 

'2(\.  Three  translations  of  the  treaty,  in  English,  to  each  of  which 
b   added  a   translation  of  a   declaration   made  by  Tahar  Fennish, 


DIPLOMATIC  CORRESPONDENCE.  695 

by  order  of  his  Majesty,  in  addition  and  explanation  of  the  tenth 
ai'ticle. 

3d.  A  letter  from  the  Emperor  to  the  President  of  Congress. 

4th.  The  translation  of  this  letter,  in  English. 

5th.  Translation  of  the  Emperor's  letter  to  the  King  of  Spain. 

6th.  A  letter  from  Tahar  Fennish  to  the  Ministers  at  Paris  and 
London,  and  translation. 

7th.  Signals  agreed  on,  by  which  the  Moorish  and  American 
vessels  may  distinguish  each  other  at  sea. 

8th.  The  answers  to  the  queries  you  put  me,  dated  Tangier,  the 
10th  September. 

9th.  An  account  of  some  other  particulars  relative  to  this  country, 
dated  Tangier,  13th  September. 

10th.  An  account  of  the  proceedings  relative  to  the  treaty,  dated 
Ceuta,  18th  September. 

11th.  Copy  of  commission  given  to  Francis  Chiappi,  of  the  city 
of  Morocco,  until  the  pleasure  of  Congress  shall  be  known,  and  the 
names  of  the  agents  at  Mogadore  and  Tangier. 

These  matters  have  been  detained  a  considerable  time  from  you 
by  various  accidents,  among  which  contrary  winds  and  stormy 
weather  were  a  part.  But  I  hope,  as  all  such  impediments  are  now 
removed,  you  will  receive  them  with  the  utmost  expedition.  The 
original  of  the  declaration  made  by  Mr.  Fennish  could  not  be  placed 
in  the  same  book  with  the  treaty  sealed  by  the  Emperor,  the  Moorish 
forms  not  permitting  it ;  therefore,  Mr.  Fennish  wrote  it  in  another 
book,  which  I  had  placed  in  his  hands,  with  a  copy  of  the  treaty  for 
examination,  in  order  that  he  might  certify  the  verity  of  it,  lest  any 
accident  should  happen  to  the  original ;  which  book,  with  authenti- 
cated copies  of  the  other  papers,  remains  in  my  hands. 

I  am,  with  great  respect,  fee,  THOMAS  BARCLAY. 


FROM   THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Madrid,  November  7,  1786. 
Gentlemen, 

I  wrote  to  you  from  Cadiz,  the  2d  of  last  month,  a  copy  of  which 

goes  under  the  cover  of  this ;  and  the  original,  with  the   papers 

mentioned  therein,  will,  I  hope,  be  very  soon  delivered  to  you  by 

Colonel  Franks. 


696  JOHN  ADAMS-JOHN  JAY. 

On  my  arrival  here,  I  had  the  pleasure  of  receiving  Mr.  Jefferson's 
letter  of  the  26th  of  September,  informing  me  that,  for  the  present, 
any  further  attempts  to  arrange  matters  with  the  Barbary  States  are 
suspended.  I  had  determined,  as  soon  as  I  should  know  this  to  be 
the  case,  to  embark  for  America  ;  but  the  season  being  so  far  advanced} 
I  shall  put  oti'  the  voyage  until  the  spring,  and  hope  to  have  the 
satisfaction  of  taking  your  commands  personally  before  I  go.  Mr. 
Carniichael  communicated  the  whole  of  the  letters  which  Mr.  Lamb 
has  written  to  him  from  the  time  of  his  first  leaving  Madrid ;  and,  on 
perusal,  it  struck  me  that  an  interview  with  him  might  be  attended 
with  some  desirable  consequences,  as  he  had,  on  account  of  his 
health,  declined  Mr.  Carmichael's  request  of  coming  to  meet  me  at 
this  place.  If  I  had  any  doubts  of  the  propriety  of  this  measure, 
they  would  have  been  removed  by  Mr.  Carmichael's  opinion, 
and  by  the  paragraph  of  a  letter  written  by  Mr.  Jefferson  to  Mr. 
Carniichael,  the  2-2d  of  August.  I  need  not  add  that  the  objects 
which  I  have  in  view  are  to  obtain  as  distinct  an  account  as  possible 
of  what  has  been  done,  and  to  give  Mr.  Lamb  an  opportunity  of 
settling  his  accounts.  Though  1  have  a  commission  from  Congress 
to  settle  all  their  accounts  in  Europe,  perhaps  Mr.  Lamb  may  not 
think  that  his  engagements  are  included  in  this  general  power,  or  he 
may  not  choose  to  communicate  freely  with  me  without  the  permis- 
sion of  the  Ministers ;  and,  therefore,  if  Mr.  Jefferson  approves  of  it, 
1  wish  he  would  write  a  letter  to  Mr.  Lamb,  mentioning  me  to  him 
as  a  confidential  servant  of  the  public,  to  whom  he  may  safely  trust 
the  particulars  of  our  situation,  and  give  me  such  information  as  he 
will  be  sure  to  have  faithfully  delivered  to  Congress,  if  I  arrive  safe 
in  America.  Mr.  Jefferson  will  also,  if  he  please,  point  out  to  Mr. 
Lamb  how  convenient  the  opportunity  will  be  for  an  adjustment  of 
the  accounts,  and  if  tiiere  is  any  balance  to  be  remitted  by  Mr.  Lamb 
to  Mr.  Adams,  1  will  give  my  best  advice  as  to  the  mode  in  which 
it  may  ix;  done  witii  the  greatest  advantage  and  security  to  the 
pubhe.  [(  Mr.  Jefferson  writes  to  Mr.  Lamb  on  this  subject,  he 
will  be  so  good  as  to  enclose  it  to  me,  with  such  hints  and  instruc- 
tions as  he  shall  judge  proper,  under  cover  to  Mr.  Carmichael.  ]t 
will  be  some  time  before  1  can  set  out  on  this  journey,  as  I  am 
charged  with  a  letter  to  the  King  from  the  Emperor  of  Morocco, 
which,  by  an  appointment,  I  am  to  deliver  at  the  Escurial,  tbe  13lh. 
The  Count  d'Espilly  came  to  town  yesterday,  and  to-morrow  I 


DIPLOMATIC  CORRESPONDENCE.  697 

expect  to  see  him,  as  it  is  certainly  in  his  power  to  give  a  good  deal 
of  information  respecting  the  Barbary  States.  Whatever  I  can 
collect  shall  be  communicated  to  you ;  and  I  only  add  that  I  am 
clearly  of  opinion  that  this  journey  is  not  only  proper,  but  neces- 
sary. 

I  am,  with  great  respect,  &:c.,  THOS.  BARCLAY. 


FROM   THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Escurial,  November  15,  1786. 

Gentlemen, 
I  came  here  a  few  days  ago  to  deliver  a  letter  from  the  Emperor 
of  Morocco  to  the  King,  which  I  put  into  the  hands  of  the  Count  de 
Florida  Blanca,  acknowledging  the  sense  I  had  of  his  attention,  and 
thanking  him  with  great  sincerity  for  the  part  he  had  taken  in  our 
business  at  Morocco.  He  seemed  very  much  pleased  with  our 
success;  and,  smiling,  replied,  "now  that  we  have  happily  finished 
this  treaty,  we  will  see  what  we  can  do  with  others  for  you."  I  am 
persuaded  that  this  Minister  is  extremely  well  disposed  to  serve 
our  country ;  and  I  doubt  not  but  this  Court  will  greatly  strengthen 
our  endeavors  with  the  Barbary  Powers.  It  is  the  decided  opinion 
of  the  Count  d'Espilly  that  nothing  ought  to  be  attempted  with 
Algiers  at  present,  and  that  you  should  begin  with  the  Porte.  He 
proposes  setting  out  for  Africa  some  time  hence,  and  promises  a 
continuation  of  his  good  offices.  He  remarked,  that  if  we  could 
capture  one  Algerine  cruiser,  it  would  greatly  facilitate  a  treaty ;  but 
this  mode  of  negotiating  would,  I  think,  prove  more  expensive  than 
any  other,  and  it  ought  to  be  our  last  resort.  I  am  informed  by  a 
letter  from  M.  Chiappi,  of  Mogadore,  that  a  vessel  is  arrived  there, 
the  master  of  which  reports,  that  on  his  passage  from  Lisbon  he  saw 
an  Algerine  frigate  of  forty  guns,  and  four  xebecks,  and  that  the 
people  who  were  on  board  one  of  them  informed  him  they  were  going 
to  cruise  on  the  coast  of  America ;  but  I  cannot  give  credit  to  the 
account,  as  the  season  of  the  year  is  far  advanced,  and  we  have  not 
heard  that  any  of  the  Algerine  cruisers  have  passed  the  straits  of 
Gibraltar,  within  which  I  hope  the  Portuguese  squadron  will  keep 
them — this  being  all  that  may  be  expected  from  them.  To-morrow 
I  shall  return  to  Madrid,  and  from  thence  to  Alicant,  from  whence  I 


698  JOHN  ADAMS-JOHN  JAY. 

shall  give  you  as  clear  an  account  of  3Ir.  Lamb's  situation  as  circum- 
stances will  admit  of.  1  believe  there  are  some  effects  belongine:  to 
the  United  States  at  Corunna  worth  looking  after.  It  is  some  years 
since,  in  consequence  of  a  letter  from  Mr.  Morris,  I  endeavored  to 
recover  them.  I  shall  take  all  the  information  I  can  of  their  value, 
and  if  it  appears  clearly  that  they  are  worth  so  much  attention,  I 
will  return  to  France  by  that  place ;  if  not,  I  shall  go  as  soon  as 
possible  home,  by  the  shortest  route. 

I  am,  with  great  respect,  he,  THOS  :  BARCLAY. 


No.  4. 


Translation  of  No.  3. — A  Letter  from  the  Emperor  of  Morocco  to 
the  President  of  Congress. 

In  the  name  of  the  most  merciful  God.  No  power  can  exist  on 
the  earth  without  the  will  of  the  powerful  and  Almighty  God. 

From  the  servant  of  God,  Mohamed  Ben  Abdelkack.  May  God 
be  with  him.     Amen. 

To  his  Excellency  the  President  of  the  Congress  of  the  United 

States  of  America.     Peace  to  him  who  follows  the  right  way  of 

God. 

This  is  to  acquaint  you  that  we  received  your  letter  by  the  hands 
of  your  Ambassador,  Thomas  Barclay,  who  delivered  to  us  likewise 
another  from  the  King  of  Spain.  From  the  contents  of  these  letters 
we  learned  that  you  were  disposed  to  establish  a  treaty  of  commerce 
and  peace  with  us,  such  as  we  have  with  other  Christian  Powers ; 
to  which  having  agreed,  we  have  completed  a  treaty,  by  sea  and 
iand,  on  the  terms  desired  of  us,  and  the  articles  are  uiserlcd  in  a 
book,  confirmed  by  our  royal  seal  being  affixed  thereto. 

We  have  ordered  all  our  servants  who  connnand  at  our  sea-ports 
to  receive  your  vessels  and  citizens  who  shall  come  to  our  dominions, 
and  treat  them  as  we  do  the  Spanish  nation  ;  and  all  our  ports,  from 
Tetuan  to  Wjidnoon,  are  open  to  you,  at  any  of  which  your  vessels 
may  anchor  in  safety,  and  your  people  transact  their  business  at 
their  own  pleasure.  In  answer  to  bis  Majesty  the  King  of  Spain, 
we  have  acquainted  hiin  witli  wliat  has  been  done,  and  we  remain  in 
perfect  peace  and  tran(juiHity  with  you. 


DIPLOMATIC  CORRESPONDENCE.  699 

Concluded  the  first  of  the  blessed  month  of  Ramadan,  in  the  year 
1200. 

I  certify  the  above  to  be  a  true  copy  of  the  translation  made  by 
Isaac  Cardoza  Nunes,  interpreter  at  Morocco,  of  a  letter  from  the 
Emperor  of  Morocco  to  the  President  of  Congress,  which  was  dated 
the  first  day  of  the  Ramadan,  1200,  being  the  28th  June,  1786. 

THOMAS  BARCLAY. 


No.  5. 

Translation  of  a  Letter  from  the  Emperor  of  Morocco  to  the  King 

of  Sj)ain. 

In  the  name  of  the  most  merciful  God.  No  power  can  exist  on 
earth  without  the  will  of  the  most  powerful  and  Almighty  God. 

From  the  servant  of  God,  Mohamed  Ben  Abdelkack.  May  God 
be  with  him.     Amen. 

To  his  Catholic  Majesty  Charles  the  Third,  King  of  Spain,  the  two 

Sicilies,  and  Indies.     Peace  to  him  who  follows   the  right  way 

of  God. 

This  is  to  acquaint  you  that  we  have  received  the  letter  you  sent 
to  us  by  the  American  Ambassador,  Thomas  Barclay,  Esq.,  by  the 
contents  of  which  we  understood  that  the  United  States  of  America 
wished  to  establish  a  treaty  of  peace  and  commerce  with  us,  which 
we  have  accordingly  completed,  by  sea  and  land ;  and  since  you 
have  been  the  mediator  between  us,  we  have  given  their  Ambassador 
an  amicable  audience,  and  received  him  with  pleasure  and  satisfac- 
tion ;  and  we  have  agreed  to  all  the  articles  of  the  treaty  according 
to  his  desire,  which  we  have  confirmed  by  ordering  our  royal  seal  to 
be  annexed  thereto  ;  and,  having  thus  complied  with  all  the  wishes 
of  the  United  States,  their  people  are  ready  to  depart  for  your 
place. 

There  will  arrive  to  you  seven  of  your  people  who  suffered  ship- 
wreck on  the  coast  of  the  Saharah ;  and  the  remainder  of  the  crew, 
we  trust  in  God,  shall  soon  after  follow. 

Concluded  the  first  day  of  the  blessed  month  of  Ramadan,  in  the 
year  1200. 


700  JOHN  ADAMS— JOHN  JAY. 

I  certify  the  above  to  be  a  true  copy  of  the  translation  made  by 
Isaac  Cardoza  Nunes,  interpreter  of  Morocco,  of  a  letter  from  the 
Emperor  of  ^Morocco  to  the  King  of  Spain. 

THOMAS  BARCLAY. 


No.  6. 


Translation  of  the  Letter  from  his  Excellency   Sidi  Hage  Taher 

Ben  Fennish,   to   their  Excellencies  John  Adams  and   Thomas 

Jefferson,  Esquires. 

Grace  to  God,  who  is  the  sole  unity,  whose  kingdom  is  the  only 
existing  one. 
To  their  Excellencies  John  Adams  and  Thomas  Jefferson,  Esquires. 

This  is  to  acquaint  you  that  1  am  ordered  by  the  Emperor  my 
master  (whom  God  preserve)  to  acknowledge  the  receipt  of  your 
letter,  signed  at  London  and  Paris  on  the  1st  and  11th  October, 
1785,  which  has  been  deliv'ered  into  his  own  hands  by  the  Honorable 
Thomas  Barclay,  Esq.,  who  came  to  this  court  in  order  to  negotiate 
an  amicable  peace  between  my  master  (whom  God  preserve)  and 
all  his  dominions,  and  those  of  the  United  States  of  America.  This 
matter  has  been  happily  concluded  to  the  satisfaction  of  all  parties. 
The  contents  of  this  treaty  you  will  learn  from  your  Envoy,  the  said 
Thomas  Barclay,  to  whom  his  Imperial  Majesty  has  delivered  it, 
together  with  a  letter  for  the  United  States. 

I  have  likewise  his  Imperial  Majesty's  orders  to  assure  you  of  his 
entire  approbation  of  the  conduct  of  your  Envoy,  who  has  behaved 
himself  willi  integrity  and  honor  since  his  arrival  in  our  country, 
appearing  to  be  a  person  of  good  understanding ;  and  thiTclbre  his 
Majesty  has  been  graciously  pleased  to  give  him  two  honorable, 
favorable,  and  impartial  audiences,  signifying  his  Majesty's  perfect 
satisfaction  at  his  conduct. 

As  I  am  charged  with  the  affairs  of  your  country  at  this  Court,  I 
can  assure  you  that  I  will  do  all  that  lies  in  my  power  to  promote 
the  friendly  intercourse  that  is  so  happily  begun  ;  and  of  the  assist- 
ance I  have  already  given  in  your  affairs,  your  Envoy  will  ac(juaint 
you  ;  and,  concluding,  I  do  sincerely  remain. 

Morocco,  tlic  first  day  of  tin;  blessed  nioiilli  of  Ramadan,  1200. 

Servant  of  tlie  King  my  master,  (whom  God  preserve,) 

TAHER  BEN  ABDELKACK  FENNISH. 


DIPLOMATIC  CORRESPONDENCE.  701 


I  do  hereby  certify  the  above  is  a  true  translation  from  the  Arabic 

ISAAC  CARDOZA  NUNES. 


language  of  the  annexed  letter. 


Morocco,  19th  July,  1786. 


FROM   THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Tangier,  November  10,  1786. 
Gentlemen, 

I  am  at  present  waitmg  for  a  fair  wind  to  embark  for  Ceuta  to 
avoid  the  quarantine  in  Spain,  and  I  embrace  the  delay  occasioned 
by  the  strong  easterly  winds  that  have  prevailed  for  some  time  to 
reply  to  the  queries  with  which  you  honored  me  at  parting.  You 
put  them  respecting  the  Barbary  States  generally;  but  as  my 
business  has  been  with  the  Emperor  of  Morocco  only,  I  shall 
confine  myself  to  what  relates  to  his  dominions,  and  will  state  the 
answers  in  the  order  you  put  the  queries. 

CoMJUERCE. — The  articles  exported  from  this  country  are  the  gums 
arable,  sandrach,  and  Senegal ;  beeswax,  copper  in  blocks,  Morocco 
leather,  almonds,  dates,  figs,  and  walnuts.  Lemons  and  oranges 
might  be  had,  were  there  wood  in  the  country  to  make  boxes  to 
pack  them  in.  Great  quantities  of  olive  oil  and  oil  of  argan  (a  fruit 
somewhat  resembling  an  olive)  are  exported,  particularly  to  Mar- 
seilles, where  it  is  used  in  making  soap.  Mules  are  exported  to 
Surinam,  and  to  other  parts  of  America,  both  on  the  continent  and 
among  the  islands ;  many  of  those  animals  passing  from  Constantina 
Mogadore  by  land,  b.ing  a  journey  of  one  thousand  miles. 
Elephant's  teeth,  gold  dust,  and  ostrich  feathers  are  brought  from 
the  southward  by  the  people  who  trade  as  far  as  to  the  river  Niger, 
and  are  sold  and  shipped  at  Mogadore,  the  most  southerly  port  in 
the  empire,  except  Santa  Cruz,  from  which  last  place  the  Emperor 
forbids  any  foreign  trade  to  be  pursued ;  and  from  Mogadore  and 
Daralbeyda  the  export  of  wheat  is  very  great.  Morocco  imports 
from  Spain,  Portugal,  and  Italy,  several  of  the  manufactures  of  those 
countries,  particularly  silks,  linens,  and  woolen  cloths.  With 
England  and  Holland  the  trade  is  more  general,  and  comprehends 
not  only  the  same  kind  of  goods,  but  a  variety  of  others,  such  as  iron 
ware  of  various  sorts,  including  tools  made  use  of  by  workmen,  tin 
ware,  steel,  iron  in  bars,  copper  utensils,  ship  chandlery,  and  cordage 


702  JOHN  ADAMS-JOHN  JAY. 

for  the  repairing  deficiencies  in  merchant  vessels.  Wine  and 
spirituous  liquors  for  the  use  of  the  Christians  may  be  imported  from 
any  part  of  the  world  duty  free ;  but  the  use  is  forbidden  to  the 
Mahometans ;  nor  is  there  any  thing  in  the  country  sold  by  measure 
but  grain.  They  import  rice  from  the  Levant,  which  is  of  an  inferior 
quality  to  the  American  rice,  and  I  believe  a  little  of  this  article 
might  answer,  and  perhaps  the  consumption  increase ;  but  this  is 
conjecture,  for  there  is  no  answering  for  the  taste  of  the  Moors. 
Flour  they  have  much  cheaper  than  the  price  at  which  we  can 
supply  them.  They  raise  a  good  deal  of  tobacco  themselves,  and 
some  pretty  good  about  Fez  and  Mequinez.  None  of  it,  however,  is 
equal  to  ours,  but  the  consumption  of  American  tobacco  would  be 
confined  to  the  Europeans,  and  consequently  it  would  not  prove  of 
much  consequence.  Furs  are  not  used  here,  and  they  want  neither 
fish  nor  oil.  Provisions  of  all  kinds  are  cheap,  and  their  sea-coast 
furnishes  with  abundance  of  fish  for  common  use ;  and  their  Ramadan 
or  Lent  does  not  permit  the  use  of  fish  more  than  of  flesh,  being  a 
strict  abstinence  from  all  kinds  of  food  or  drink  for  about  sixteen 
hours  of  the  twenty-four.  There  is  no  demand  for  tar  or  turpentine, 
each  merchant  ship  bringing  as  much  as  is  likely  to  be  wanted  for 
the  voyage,  and  the  Emperor  is  supplied  from  the  Baltic.  Ship 
timber  would  certainly  be  a  most  agreeable  object  to  the  Emperor ; 
but  he  is  the  only  person  in  his  dominions  who  would  purchase  it, 
and  the  price  would  be  made  by  himself.  He  was  anxious  to  know 
whether  we  had  this  article  in  America.  Ready-built  ships  (that  is, 
frigates  properly  fitted  out  for  sea,  and  armed)  wouhl  prove  the  most 
acceptable  article  tiiat  could  be  sent  to  him ;  but  his  making  a 
purchase  of  any  would  depend  on  the  opinion  he  liad  of  the  value. 
He  some  lime  ago  encouraged  the  building  of  one  at  Genoa,  and 
when  she  arrived  at  one  of  his  ports,  he  rejected  her  on  account  of 
the  price. 

The  duties  of  goods  imported,  with  a  few  exceptions,  are  a  tenth 
part  of  the  goods.  Foreign  hides  pay  three  dollars,  and  iron  and 
steel  four  dollars  per  quintal ;  cochineal  and  alkermes  are  monopo- 
lized l)y  the  Emperor,  and  sold  at  a  great  advance  on  the  price. 
The  former  is  used  in  dying  tiie  Morocco  skins,  and  tlu;  latter  in 
dying  the  caps,  such  as  the  soldiers  and  many  of  the  inhabitants 
wear.     Ostrich  feathers  arc  a  monopoly  in  the  hands  of  a  Jew  at 


DIPLOMATIC  CORRESPONDENCE.  703 

Mogadore,  without  whose  permission  none  can  be  exported.  Offences 
committed  against  the  interest  of  the  revenue  are  punished  by  fine 
imposed  by  the  Emperor,  sometimes  with  great  severity — never  with 
less  than  the  crime  deserves.  All  countries  pay  the  same  duties,  but 
the  King  will  sometimes  favor  an  individual  by  the  remission  of  part 
of  the  ordinary  duties,  in  return  for  some  service,  or  as  a  mark  of  his 
approbation.  The  Moors  are  not  their  own  carriers,  nor  are  there 
any  trading  vessels  under  the  colors  of  the  Emperor,  From  this 
short  statement  it  will  appear  that  a  few  of  the  articles  produced  in 
Morocco  are  wanted  in  our  parts  of  America,  nor  could  anything 
manufactured  here  find  a  sale  there,  except  a  little  Morocco  leather, 
which  is  very  fine  and  good,  and  the  consumption  of  it  in  the  Empire 
is  almost  incredible.  They  make  some  gold  and  silver  thread  at 
Fez,  and  in  various  parts  of  the  country  coarse  and  fine  stuff  for 
alhaiques,  a  good  many  carpets,  some  coarse  linen,  and  a  great  many 
red  woolen  caps ;  and  these  articles,  I  think,  compose  the  whole 
of  their  manufactures,  which,  from  the  unskilfulness  of  the  people 
who  work  at  them,  (the  leather  excepted,)  are  too  dear  for  exporta- 
tion. Still  this  country  holds  out  objects  to  the  Americans  sufficient 
to  make  a  treaty  of  peace  and  commerce  a  matter  of  consequence. 
Our  trade  to  the  Mediterranean  is  rendered  much  the  securer  for  it, 
and  it  affords  us  ports  where  our  ships  may  refit,  if  we  should  be 
engaged  in  a  European  war,  or  in  one  with  the  other  Barbary  States. 
Our  vessels  will  certainly  become  the  carriers  of  wheat  from  Morocco 
to  Spain,  Portugal,  and  Italy,  and  may  find  employment  at  times 
when  the  navigation  of  our  country  is  stopped  by  the  winter  season  ; 
and  we  shall  resum.e  our  old  mule  trade  from  Barbary  to  Surinam, 
and  possibly  to  some  of  the  West  India  islands.  With  respect  to 
the  prices  of  the  exports  of  this  country,  I  will  add  a  list  of  them, 
together  with  one  of  the  duties. 

Ports. — I  will  enlarge  a  little  on  this  subject,  by  giving  you  a 
general  idea,  not  only  of  the  best  ports  in  the  Empire,  but  of  all  that 
are  of  any  consequence,  omitting  Waladia,  Azamor,  and  some  others, 
which  in  no  degree,  in  my  opinion,  deserve  to  be  ranked  in  the 
number.  I  will  begin  with  the  most  southerly,  which  is  the  only 
one  of  them  which  I  have  not  seen. 

Santa  Cruz  is  the  only  seaport  in  Sus,  and  is  situated  about 
ninety  miles  to  the  southward  of  Mogadore,  and  six  from  the  western 
extremity  of  Mount  Atlas,  between  the  end  of  that  mountain  and  the 


704  JOHN  ADAMS— JOHN  JAY. 

sea,  from  which  it  is  distant  half  a  mile.  It  is  placed  on  the  declivity 
of  a  hill,  and  cannot  be  injured  by  any  shipping.  There  are  no 
fortifications,  nor  any  guns  mounted,  except  two  for  signals.  The 
road  for  vessels  is  open,  but  the  anchorage  good,  being  a  hard,  sandy 
bottom,  and  the  depth  of  water  so  gradual  that  ships  may  anchor  in 
such  as  suits  them  best.  There  are  about  two  thousand  houses 
in  the  town,  and  the  trade  was  very  considerable  until  the  Emperor 
ordered  the  port  to  be  shut  up.  It  was  the  mart  for  all  the  com- 
modities of  Tafilet  and  Sus,  and  is  the  thoroughfare  through  which 
the  inhabitants  of  the  sea-coast  pass  to  those  kingdoms  or  to  the 
Saharah.     The  trade  is  now  removed  to 

MoG ADORE,  a  town  built  by  order  of  the  present  Emperor,  con- 
taining two  thousand  houses  and  eleven  thousand  inhabitants,  as 
appears  by  an  account  taken  previous  to  a  distribution  of  com 
being  made  a  few  months  ago  by  order  of  the  Emperor.  About 
a  mile  from  the  shore  runs  a  tongue  of  land  called  the  island  of 
Mogadore ;  and  between  the  land  and  the  island  the  ships  anchor, 
and  may  pass  in  safety  if  they  draw  no  more  than  fifteen  feet  water, 
(some  say  sixteen  feet.)  The  island  proves  a  considerable  shelter 
for  them,  but  a  strong  southerly  or  southwest  wind  incommodes  thera 
much,  occasioning  a  swell  in  the  channel,  which  is  sometimes 
dangerous ;  the  bottom  is  hard  and  rocky,  and  it  is  necessary  to  put 
buoys  to  the  cables,  to  prevent  them  from  cutting.  The  town  is 
defended  by  two  batteries,  one  of  nine  iron  and  thirty-three  brass 
cannon,  twenty  of  which  are  fine  Spanish  guns  left  at  Gibraltar  in  the 
last  siege ;  the  other,  of  cither  five  or  sLx  iron  guns,  and  twenty  brass, 
and  thirty-three  more  may  be  mounted.  On  a  rock  to  the  northward 
of  the  town  is  a  battery  of  ten  guns,  and  on  the  main  land,  to  the 
southward,  one  of  sixteen  ;  another  often  guns  is  now  building,  and 
on  the  island  an-  five  little  forts  of  five  guns  each.  The  Moors 
consider  Mogadore  as  a  strong  place,  though  some  ])eople  think  tiiat 
all  the  batteries  being  of  stone  is  a  great  disadvantage.  Many  of 
the  guns,  all  of  which  are  about  eighteen-pounder  cannon,  are  yet 
unprovided  with  carriages  ;  but  the  town  being  a  place  much  esteemed 
by  the  Emperor,  he  is  doing  everything  in  his  power  to  strengthen 
and  improve  it.  The  number  of  guns  actually  mounted  is  one 
hundred  and  eighteen  or  one  hundred  and  nineteen. 

Sakia. — This  town  is  situated  on  the  side  of  a  liili,  about  two 
miles  from  the  southerly  point  of  Cape  Canlin.    It  was  once  a  place 


DIPLOMATIC  CORRESPONDENCE.  705 

of  importance,  but  it  is  now  decaying  very  fast,  and  at  present  the 
inhabitants  are  interdicted  from  all  foreio;n  trade.  The  anchorins 
ground  is  very  good,  in  water  which  varies  in  depth  from  twenty-five 
to  forty  fathoms,  but  there  is  little  shelter,  (indeed,  almost  none ;) 
and  if  it  blows  hard,  as  it  sometimes  does  in  winter,  ships  must  put 
out  to  sea  for  security.  The  principal  fortification  is  founded  on  a 
rock,  and  capable  of  mounting  a  great  number  of  cannon.  There 
are  three  iron  and  five  brass  guns  mounted,  of  about  eighteen  pound 
shot ;  the  brass  guns  were  made  at  Constantinople,  and  ten  or  twelve 
small  guns  lie  unmounted.  It  is  a  place  of  httle  strength  as  it  now 
stands,  and  is  reduced  from  four  thousand  houses,  which  it  is  said  to 
have  contained,  to  about  eight  hundred. 

Masagan  \vas  one  of  the  strongest  places  in  Barbary,  when  in  the 
hands  of  the  Portuguese,  about  eighteen  years  ago.  The  Emperor, 
learning  that  orders  were  come  from  Lisbon  that  the  town  should  be 
evacuated,  and  the  fortifications  destroyed,  marched  with  a  consid- 
erable army  and  train  of  artillery,  and,  while  the  inhabitants  were 
executing  the  instructions  from  their  Court,  bombarded  the  place,  so 
that,  between  the  two  parties,  it  was  left  in  a  state  of  desolation. 
Of  fifteen  hundred  houses,  it  retains  about  four  hundred  of  the 
meanest,  that  were  most  easily  repaired.  The  ruins,  however,  show 
that  it  was  a  place  of  consequence.  Ships  of  any  draught  of  water 
may  lie  at  some  distance  from  the  town,  the  soundings  being  gradual, 
and  the  anchoring  ground  good.  But  there  is  no  shelter,  and,  if  it 
blows  hard,  the  ships  must  run  out  to  sea. 

Daralbeyda  is  at  present  remarkable  for  the  great  export  of 
wheat  which  has  taken  place  there  within  twelve  months,  and  which 
has  amounted,  perhaps,  to  half  a  million  of  bushels.  It  is  a  poor 
place,  containing  four  or  five  hundred  miserable  huts.  The  anchoring 
ground  is  good  in  some  parts,  with  a  sandy  bottom  in  twelve  fathoms 
water ;  in  other  parts  the  bottom  is  stony  and  rocky,  and  in  winter  is 
dangerous. 

Rabat  is  built  on  the  banks  of  the  Buragrag,  where  that  riv^er 
enters  the  sea,  and  divides  it  from  Salee,  which  is  on  the  opposite 
shore,  at  about  a  mile  distance.  Rabat  contains  about  twenty-five 
hundred  houses,  and  is  one  of  the  best  looking  towns  I  have  seen  in 
Barbary.  The  entrance  into  the  river  is  much  obstructed  by  a  bank 
of  said  which  runs  across  the  mouth  of  it,  and  which  is  constantly 
shifting.  At  ordinary  tides,  vessels  drawing  eight  feet  water  may 
Vol.  II. 


706  JOHN  ADAMS— JOHN  JAY. 

pass,  and,  at  spring  tides,  those  of  twelve ;  but  sometimes  loaded 
vessels  in  the  river  are  obliged  to  remain  three  or  four  months  for  a 
passage  out,  which  they  can  only  have  by  the  shifting  of  the  sands. 
There  are  three  forts  at  this  place  ;  one,  on  a  point  which  commands 
the  entrance  of  the  river,  of  ten  guns ;  and  two  on  the  sea-shore,  one 
of  which  is  of  eight  and  the  other  intended  for  sixteen  guns,  of  which 
three  only  are  mounted.  There  is  also  a  castle  or  fort,  without  guns, 
upon  the  hill  on  which  the  town  is  built. 

Salee  is  built  on  an  eminence  on  a  point  of  Buragrag.  At  its 
entrance  into  the  ocean,  opposite  to  Rabat,  it  is  defended  towards 
the  sea  by  a  battery  of  eight  pieces  of  cannon,  and  is  surrounded  by 
a  double  wall.  The  streets  are  narrow  and  dirty,  and  the  houses 
mean ;  the  number  being  about  twenty-five  hundred.  As  the  navi- 
gation is  in  conmion  with  Rabat,  what  has  been  said  in  the  last 
article  need  not  be  repeated.  This  place,  which  has  been  long 
famous  for  its  depredations  against  the  Christians,  seems  to  be 
declining  fast ;  but  the  same  observations  were  made  on  it  some 
centuries  ago. 

Mamora  is  situated  on  a  high  rock,  on  the  southem  side  of  the 
river  Cebu,  a  mile  above  its  entrance  into  the  sea,  and  where  the 
river  is  about  half  a  mile  broad.  It  was  formerly  a  place  of  consid- 
erable importance,  but  is  now  in  the  last  stage  of  desolation.  There 
are  the  remains  of  two  fortifications  almost  entire,  and  which  seem 
to  be  built  since  the  town  has  been  destroyed.  One  of  them  is  near 
the  sea-shore,  and  on  the  declivity  of  a  rock ;  once  mounted  twelve 
guns,  and  at  present  has  three  of  brass  and  one  of  iron  mounted. 
The  other  fort  stands  higher  up,  was  once  of  the  same  strength  with 
the  former,  but  is  now  without  guns.  Tht;  remains  of  the  walls, 
ditches,  and  defences  show  that  this  was  once  dcomed  a  place  of 
consequence,  though  a  bar  mns  across  the  mouth  of  the  river  that 
prevents  the  entrance  of  large  vessels,  as  the  Portuguese  experienced 
in  an  exj)edition  which  they  made  against  it  in  the  year  1515. 

Laraciia. — It  is  a  strong  place,  but  not  of  considerable  extent, 
situated  on  the  top  and  declivity  of  a  hill  facing  the  port  where  the 
ships  lie.  It  is  a  barred  harbor,  with  a  narrow  channel  suflicicnt  for 
one  vessel  to  pass;  and  ships  bound  in  must  keep  the  shore,  as  a 
seaman  would  term  it,  close  on  board  on  the  starboard  hand.  At 
common  tides  there  are  twelve  feet  water  on  ihc  bar,  and  in  spring 
tides  depth  sufficient  fur  any  vessel,  which  can   lie  safe  in  the  port, 


DIPLOMATIC  CORRESPONDENCE.  707 

Well  defended  from  any  winds,  and  where  sixty  or  eighty  sail  may 
take  the  ground  in  soft  mud  without  any  injury.  The  channel  is 
defended  by  three  forts;  the  one  farthest  from  the  town  of  eight 
guns,  the  next  nine,  and  the  other  three ;  and  every  vessel  going 
into  the  harbor  must  pass  along  close  by  these  guns.  On  the 
entrance  into  the  harbor  is  a  pile  of  batteries  raised  over  each  other 
in  three  stories.  Each  battery  consists  of  twenty  guns,  but  the  only 
ones  mounted  are  sixteen  brass  of  about  sixteen  pound  ball,  which 
guns  are  in  the  middle  battery.  This  pile  has  an  air  of  great 
strength  ;  but  part  of  the  middle  battery  having  sunk  near  two  feet, 
I  tliink  the  whole  work  must  be  greatly  weakened  by  this  misfortune. 
On  a  parallel  with  this  middle  battery  runs  a  small  one  of  three 
guns ;  on  an  angle,  one  of  eleven  ;  and  below,  nearly  on  a  level 
with  the  sea,  one  of  nine ;  so  that  the  number  of  batteries  are  nine, 
and  that  of  guns,  if  all  were  mounted,  would  be  one  hundred  and 
three  ;  but  of  these,  perhaps  fifty  are  wanting.  There  are,  however, 
a  considerable  number  of  guns  scattered  about  without  carriages,  and, 
from  appearances,  there  seemed  to  be  little  apprehension  of  a  neces- 
sity of  using  any.  The  last  attack  on  this  place  was  made  by  the 
French  in  1768  or  1769,  when  they  forced  their  way  in  boats, 
under  the  cover  of  their  ships,  into  the  harbor,  with  a  design  to 
destroy  the  shipping ;  but  the  tide  going  out,  left  them  a  prey  to  the 
Moors,  who  never  make  prisoners  on  such  occasions.  I  think  the 
French  lost  four  hundred  and  thirteen  men,  being  about  one  half  of 
their  whole  number,  the  rest  remaining  on  board  the  ships ;  and  the 
Emperor  ordered  their  heads  to  be  sent  to  Morocco,  where  he  paid 
two  ducats  apiece  for  about  two  hundred  that  were  preserved  for 
him.  I  saw  ten  or  twelve  Moors  at  Laracha  who  assisted  in  repell- 
ing this  invasion,  and  who  spoke  of  it  with  great  seeming  pleasure. 
The  people  supposed  the  French  were  come  to  possess  themselves 
of  the  country,  and  took  up  arms  very  generally  to  oppose  them.  A 
strong  citadel  once  commanded  the  harbor.  It  is  situated  on  a  hill, 
with  a  ditch  surrounding  a  part  of  it,  but  it  is  tumbling  to  ruins. 
The  inside  of  the  walls  contains  nothing  but  narrow  alleys,  across 
which  a  great  number  of  low  arches  are  turned,  the  use  of  which 
I  could  neither  learn  nor  conjecture,  and  a  great  many  miserable 
huts. 

Arzilla  is  a  little  walled  town  that  has  seen  better  days.     The 
houses,  in  number  two  or  three  hundred,  are  going  fast  to  decay,  as 


708  JOHN  A  DAMS- JOHN  JAY. 

well  as  the  fortifications.  The  walls  have  been  strong,  and  are 
encompassed  with  a  ditch.  There  are  three  or  four  guns  mounted, 
and  on  a  fort  which  lies  some  distance  from  the  town,  six  or  eight. 
Over  one  of  the  gates  are  the  arms  of  Spain.  A  reef  or  ledge  of 
rocks  runs  along  the  coast,  but  it  is  broken  so  as  small  vessels  may 
pass  in,  and  large  ones  may  anchor  on  the  outside  in  ten  fatlioms 
water ;  but  there  is  neither  port  nor  shelter. 

Tangier  is  one  of  the  most  ancient  cities  in  Barbary ;  it  has 
undergone  many  revolutions,  and  was  once  a  place  of  splendor  and 
commerce,  the  whole  country  distinguishing  itself  from  the  name  of 
the  city. 

The  King  of  Portugal  took  it  in  1471,  and  in  1662  it  was 
delivered  to  Charles  the  Second,  of  England,  as  part  of  his  wife's 
dowr}',  and  it  was  by  that  monarch  improved  at  an  expense  of  two 
millions  sterling.  In  1684  it  was  destroyed  and  abandoned  by  the 
English ;  the  mole,  where  a  first-rate  man-of-war  could  ride  in  safety, 
was,  with  incredible  labor,  destroyed ;  the  fortifications  and  walls 
were  not  only  blown  up,  but  the  ruins  tumbled  into  the  harbor;  in 
short,  in  about  six  months  the  English  made  a  considerable  progress 
in  the  destruction  of  the  port,  which  has  since  remained  in  the  quiet 
possession  of  the  ]Moors.  The  town  is  placed  on  the  right-hand 
side  of  the  entrance  into  the  bay,  on  a  hill,  two  miles  from  the  sea, 
and  about  five  miles  distant  from  an  opposite  point,  on  which  a 
batter}''  of  ten  guns  is  placed.  The  form  of  the  bay  is  that  of  the 
third  part  of  a  circle,  and  the  number  of  houses  in  the  town  about 
eight  hundred,  said  to  be  half  as  many  as  were  in  it  when  the 
English  had  possession ;  at  present,  small  vessels  may  come  in  and 
lie  ashore  on  a  soft  beach,  without  danger,  but  large  ones  must 
anchor  at  a  distance  in  the  bay,  and,  in  case  of  blowing  weather, 
must  put  to  sea  for  safety.  The  batteries  here  are — one  almost  level 
with  the  sea,  and  consisting  of  thirteen  guns  of  twelve  or  fourteen 
pound  ball ;  the  rest  are  on  the  hill,  viz :  one  of  nine  brass  guns  of 
about  twenty-four  pound  shot,  cast  in  Portugal,  and  three  more  may 
be  mounted;  a  second  of  twelve  new  iron  guns  of  twenty-four 
pound  shot,  cast  in  England,  and  seven  more  may  be  mounted ; 
another  of  seven  iron  guns  of  twelve  or  fourteen  pound  shot ; 
exclusive  of  these  arc  two  little  batteries  of  two  guns  each.  The 
battery  which  was  situated  on  the  tcjp  of  the  hill,  near  the  castle 
where  the  Baslia  resides,  and  which  contained   eighteen  guns  of 


DIPLOMATIC  CORRESPONDENCE.  709 

sixteen  pound  ball,  was  totally  destroyed  about  twelve  months  ago 
by  the  blowing  up  of  the  magazine  where  the  Emperor's  powder 
was  stored ;  all  the  fortifications  are  going  to  decay,  and  seem  very 
unequal  to  a  contest  of  any  consequence.  Tangier  is  about  seven 
miles  from  Cape  Spartel,  and,  consequently,  may  be  said  to  be 
within  the  straits  leading  to  the  Mediterranean. 

Tetuan  is  situated  to  the  eastward  of  Ceuta,  which  lies  between 
Tangier  and  that  place ;  but,  being  in  the  hands  of  the  Spaniards, 
(as  well  as  Melilla  and  Penon  de  Velez,)  does  not  come  under  my 
notice.  Tetuan  lies  on  the  riv'er  Marteen,  about  six  miles  from  the 
Mediterranean  sea,  the  custom-house  at  JMarteen  being  about  half 
way  between  the  city  and  the  sea.  Across  the  mouth  of  this  river 
also  runs  a  bar  on  which  there  is  only  six  feet  water ;  and  as  there 
is  little  tide  here,  the  depth  never  exceeds  eight  feet,  and  seldom  is 
so  much.  Vessels  must  therefore  lighten  on  the  outside  of  the  bar, 
and  can  then  pass  up  the  bay  and  river  three  miles  to  the  custom- 
house, and  from  thence  to  town ;  no  boats  but  small  ones  with  fruit, 
can  go,  owing  to  the  shallowness  of  the  river.  The  town  is  built 
on  a  hill  at  the  foot  of  a  mountain,  and  has  only  one  fort  or  citadel, 
flanked  with  four  towers,  and  mounting  twenty  cannon  to  defend  it. 
The  houses  are  said  to  be  about  two  thousand  five  hundred,  and 
the  inhabitants,  exclusive  of  Jews,  twenty  thousand ;  but  the  estima- 
tion a  few  years  ago  was  double  this  number.  No  Christian  is 
permitted  to  enter  the  city,  and,  therefore,  this  account  of  it  depends 
on  the  veracity  and  knowledge  of  some  Jews  who  visited  me  at  my 
encampment  near  it.  On  the  river  Marteen,  within  half  a  mile  of 
the  Mediterranean,  is  a  square  castle,  at  which  five  guns  of  sixteen 
pound  ball  are  mounted. 

From  this  view  of  the  ports  belonging  to  the  Emperor,  it  will  be 
seen  that  none  are  good  ;  that  Laracha  is  the  best.  Next  to  which 
are,  I  think,  Salee  and  Tetuan ;  but  I  believe  the  place  from  whence 
I  write  might,  with  great  abilities  and  industry,  and  at  a  great 
expense,  be  made  a  most  valuable  sea-port.  I  think,  also,  that 
Masagan  might  be  made  a  place  of  great  importance. 

Naval  force. — ^The  whole  naval  force  of  this  country  consists  of 
ten  frigates,  carrying  one  hundred  and  seventy  guns,  which  at  present 
are  employed  in  this  manner : 

1  at  Daralbeyda,  of  eighteen  guns,  six-pound  ball. 

4  sailed  from  Laracha  for  Daralbeyda,  of  sixteen  guns,  to  load 
corn  and  barley  for  the  Emperor  to  distribute  among  his  subjects. 


710  JOHN  ADAMS— JOHN  JAY. 

1  at  Laracha,  of  22  guns,  >      .  ,    , 

,  r  -,  ^     ^        >    six-pound  shot. 

1  at       do.       of  14    do.    > 

1  at       do.       of  12    do.         four-pound  do. 

2  gone  to  Constantinople,  with  presents  of  saltpetre  and  silver  to 
the  Grand  Seignior,  of  20  guns  each. 

This  is  the  state  of  the  Emperor's  fleet  at  present ;  and  the  five 
frigates  which  are  to  take  in  grain  at  Daralbeyda,  are  those  the 
Commodore  informed  me  some  time  ago  that  were  to  go  on  a  cruise. 
His  ten  half-galleys  which  I  saw  at  INIarteen  are  laid  up  on  shore, 
irrecoverably  perished.  He  has,  however,  given  orders  for  building 
some  galleys  and  half-galleys,  two  of  which  are  on  the  stocks  here. 
The  number  of  seamen  employed  is  about  seven  hundred  and  ninety- 
eight  men,  and  one  thousand  apprentices ;  and  he  can  increase  the 
number  as  much  as  he  pleases  by  ordering  his  Governors  to  put 
others  on  board  his  vessels.  A  few  days  ago  he  made  a  general 
request  to  all  foreign  Consuls  that  each  of  their  nations  should  send 
ten  seamen  to  improve  his  people  in  the  art  of  navigation,  promising 
to  pay  each  person  who  will  come  half  as  much  more  as  he  receives 
in  his  own  country.  He  has  not  any  treaty  of  peace  with  Russia, 
Hamburg,  Dantzic,  or  Malta,  but  he  wrote  some  days  ago  to  the 
sea-ports  that  he  was  not  at  hostilities  with  any  nation  whatsoever, 
except  the  United  States.  The  resources  for  increasing  his  navy 
are  not  internal.  At  least  they  depend  chiefly  on  his  neighbors. 
He  has  a  good  deal  of  small  live-oak  and  cork  wood ;  which  last  is 
esteemed  very  good  when  cut  in  a  proper  time  and  seasoned,  and  the 
properties  of  the  former  are  well  known.  The  prizes  that  are 
brought  in  also  furnish  timber  for  the  building,  and  are  broken  up 
for  that  purpose.  The  rigging,  sail  canvas,  anchors,  ship  chandlery, 
tar,  pitch,  and  turpentine,  are  furnished  by  Holliind,  England,  and 
Sweden;  and  his  frigates  arc  often  repaired  at  Ciibrallar  without  any 
expense  to  him;  and  one  returned  from  thence  since  we  left 
Morocco,  the  fitting  out  which  cost  the  Hritish  seven  thousand 
pounds  sterling.  The  season  for  cruising  is  in  the  summer,  or  rather 
from  April  to  September;  and  the  grounds  to  the  northward  as  far 
as  the  coast  of  Portugal ;  to  the  westward,  ofl"  the  Canaries  and 
Western  Islands,  and  in  the  Mediterranean.  His  frigates  are  in 
good  order,  and  his  seamen  neither  very  excellent  nor  despicable. 

PiusoNKRs. — There  are  not  any  prisoners  or  Christian  slaves  in 
the  Empire  of  Morocco,  (;xce|)t  six  or  seven  Spaniards,  who  arc  in 
Uie  Saliarah  or  desert,  and  whom  the  Emperor  is  endeavoring  to 


DIPLOMATIC  CORRESPONDENCE.  711 

procure,  that  they  may  be  deUvered  to  their  country.  This  part  is 
not  in  strict  obedience  to  the  King,  though  governed  by  his  son 
Abderhanimon,  from  whom  it  is  somewhat  difficult  to  procure  the 
release  of  Europeans  that  are  cast  away  in  those  parts ;  and  his 
Majesty  has  no  way  to  get  them  but  by  encouraging  the  southern 
traders  to  purchase  and  bring  them  to  Morocco,  or  to  prevail  on  his 
son  to  send  them.  And  here  it  will  be  doing  a  piece  of  justice  to 
the  Emperor,  which  he  well  deserves,  to  say  that  there  is  not  a  man 
in  the  world  who  is  a  greater  enemy  to  slavery  than  he  is.  He 
spares  neither  money  nor  pains  to  redeem  all  who  are  so  unfortunate 
as  to  be  cast  away,  whom  he  orders  to  be  fed  and  clothed,  until  they 
are  returned  to  their  country.  The  Venetian  Consul  told  me  that 
the  King  being  some  time  ago  possessed  of  sixty  Christians,  the 
Consul  had  a  commission  sent  to  him  to  redeem  them,  at  an  expense 
of  one  thousand  dollars  each ;  but  when  his  Majesty  was  applied  to, 
he  answered  that  he  would  not  sell  them,  but  that  the  Grand  Master 
of  Malta  (with  whom  he  was  not  at  peace)  having  liberated  some 
Moors,  these  Christians  should  be  delivered  up  as  a  compliment  to 
him.  At  another  time  his  Majesty  made  a  purchase  of  some 
Moorish  slaves,  who  were  in  the  possession  of  the  Christian  Powers 
on  the  coast  of  the  Mediterranean,  for  whom  he  paid  one  hundred 
and  sixty  thousand  dollars,  without  showing  any  regard  to  which  of 
the  Barbary  States  they  belonged,  and  set  them  all  at  liberty  without 
any  condition  whatever.  The  expense  of  redeeming  slaves  in  the 
days  of  Muley  Ishmael  and  Muley  Abdallah  was  about  one  thousand 
dollars  a  head,  or  three  Moors  for  one  Christian. 

Treaties. — I  do  not  think  there  is  any  danger  of  the  present 
Emperor's  breaking  any  of  his  treaties  intentionally,  or  in  matters  of 
consequence.  He  some  time  ago,  however,  settled  the  duty  on  the 
export  of  barley  by  treaty,  with  the  British,  and  soon  after  increased 
it;  the  English  merchants  at  Mogadore  intended  representing  this 
matter  to  the  Emperor,  and  did  not  doubt  but  it  would  be  put  to 
right.  He  said,  not  long  ago,  that  if  a  European  vessel  took  on 
board  any  of  his  subjects  who  went  on  a  pilgrimage  to  Mecca,  and 
landed  them  any  where  but  in  his  dominions,  he  would  go  to  war 
with  the  nation  to  whom  the  vessel  belonged ;  and  on  being  told 
that  there  was  nothing  in  any  of  the  treaties  to  prevent  a  European 
vessel  from  doing  this,  he  replied,  if  that  was  the  case,  he  would  not 
break  the  peace,  but  it  would  be  a  peace  without  friendship.     When 


71-2  JOHN  ADAMS-JOHN  JAY. 

this  Emperor  dies,  there  will  probably  be  great  contentions ;  and  I 
suppose  treaties  will  avail  little,  either  at  sea  or  land,  until  these 
contentions  are  adjusted. 

Land  Forces. — The  grandfather  of  the  present  King  raised  an 
army  of  one  hundred  thousand  negroes,  from  whose  descendants  the 
army  has  ever  since  been  recruited.  But  these  standing  forces,  at 
different  times,  and  for  various  reasons,  have  been  reduced  to  the 
number  of  fourteen  thousand  seven  hundred  and  sixty-seven,  four 
thousand  of  whom  are  stationed  at  Morocco,  and  the  remainder  in 
seven  regiments  in  the  different  provinces.  Their  pay,  including 
the  maintenance  of  a  horse,  is  one  ducat  per  month,  ten  fanegas  of 
wheat,  fourteen  of  barley,  and  two  suits  of  clothes  annually,  and 
the  King  frequently  makes  distribution  among  their  families ;  and 
whenever  he  sends  any  of  them  on  particular  business,  such  as 
conducting  foreigners  through  the  country,  they  are  well  paid.  At 
the  commencement  of  a  campaign,  he  generally  gives  them  ten 
ducats,  and  at  the  end  of  it  five ;  and  it  is  his  inclination  and 
endeavor  to  keep  them  satisfied.  All  his  male  subjects  are  bom 
soldiers,  and,  in  case  of  necessity,  all  who  are  able  are  obliged  to 
attend  him  in  the  field. 

I  suppose  the  Emperor  has  fifty  thousand  horses  and  mules  dis- 
tributed through  his  dominions,  wliich  he  recalls  when  he  pleases, 
and  j)laces  at  pleasure  in  the  hands  of  others.  These  are  all  con- 
sidered as  obliged  to  take  the  field  at  a  moment's  warning ;  and  I 
have  often  heard,  and  I  believe  it  to  bo  true,  that  in  a  few  weeks, 
should  an  invasion  from  the  Christians  be  dreaded,  (the  fear  of  which 
is  always  accompanied  by  an  idea  that  they  come  to  take  possession 
of  the  country,)  the  Emperor  could  bring  into  the  field  two  hundred 
thousand  men.  But  I  doubt  much  whether  lie  could  equip  half  the 
number.  The  strength  of  this  country  certainly  lies  in  his  land 
forces,  on  tlicir  own  ground,  which  would  ever  prove  formidable  in 
case  of  an  invasion.  Both  regular  troops  and  militia  are  extremely 
expert  in  nuuKjeuvring  on  horseback,  at  skirmishing,  at  sudden 
attacks,  and  at  sudden  retreats;  but  I  aiiprchciul  ilicy  would  cut  hut 
a  bad  figure  in  ati  open  fic^ld  against  European  troops.  On  this 
subject  I  can  only  add,  that  wiicn  the  Emperor  wants  soldiers,  he 
orders  such  of  the  Bashas  to  join  him  as  ho  thinks  proper,  with  the 
nuMib(;r  of  men  wanted.  The  present  Emperor  has  not  had  much 
occasion  to  call  forth  the  strength  of  his  country.     In  1774  he  went 


DIPLOMATIC  CORRESPONDENCE.  713 

against  Melllla  with  eighty  thousand  militia,  which  I  think  was  the 
greatest  draught  he  ever  made. 

Revenue. — The  amount  of  this  article  is  very  fluctuating  and 
uncertain.     It  consists  of  the  following  items : 

Duty  on  exports,  which  varies  according  to  the  will  of  the 
Emperor. 

Duty  on  imports,  which  is  in  the  same  state,  but  at  present,  taking 
it  generally,  is  ten  per  cent. 

Tax  of  ten  per  cent,  on  all  the  grain  raised  in  the  country,  on  the 
cattle  and  other  moveable  property,  which,  however,  is  rated  so 
much  in  favor  of  the  proprietors,  that  it  does  not  produce  one  half 
the  value. 

Tax  on  each  city  according  to  its  abilities. 

Tax  on  tobacco  brought  into  the  cities  ;  of  little  consequence, 
being  farmed  at  ^3,000  per  annum. 

Fines  on  the  Bashas,  or,  rather,  public  officers,  for  offences  of  any 
kind. 

Fines  for  smuggling  goods,  which  are  arbitrary. 

Fines  imposed  on  towns  or  provinces  for  revolting,  quarreling  with 
each  other,  or  for  offences  committed  by  individuals  when  the  offend- 
ers are  not  discovered. 

Property  which  falls  into  the  hands  of  the  Emperor,  at  the  death 
of  any  public  officer  whose  account  with  the  public  is  unsettled. 

Proportion  of  prizes  made  at  sea. 

Profit  on  cochineal  and  alkermes. 

Presents  from  foreign  nations  and  from  his  own  subjects. 

There  are  a  few  other  articles,  such  as  coining  money,  ^c,  not 
worth  enumerating ;  nor  does  any  knowledge  of  these,  which  I  have 
mentioned,  enable  me  to  write  as  particularly  about  each  as  I  could 
wish.  The  sum  of  four  millions  of  Mexican  dollars  is,  by  many, 
thought  a  high  rate  to  state  his  annual  revenue  at ;  but  Mogadore 
and  Daralbeyda  will  pay,  between  them,  one  million  of  dollars  in 
duties  for  the  last  year ;  and  I  think  the  other  places  and  other  articles 
will  certainly  produce  three  times  as  much,  though  he  receives  no 
taxes  from  Tafilet,  and  little  from  Sus. 

Language. — The  common  language  spoken  in  the  bea-ports  is 
the  Moorish,  which  is  a  dialect  of  the  Arabic ;  the  difference,  either 
in  speaking  or  writing,  between  the  two  being  very  little.  A  language 
is  spoken  in  the  mountains  and  in  the  eastern  part  of  the  Empire, 


714  JOHN  ADAMS— JOHN  JAY. 

called  Berebere  (or,  as  it  is  usually  pronounced,  the  Breber)  tongue, 
and  the  European  language  that  is  the  best  known  is  the  Spanish ; 
for  all  the  Jews,  who  arc  very  numerous,  speak  it.  French,  Italian, 
and  English  are  pretty  equally  understood,  and  rank  after  the  Spanish. 

Government. — The  Government  is  that  of  absolute  monarchy, 
without  limitation.  The  Emperor  is  the  supreme  executive  magis- 
trate, in  whom  is  united  all  spiritual  and  temporal  power,  and  his 
people  hold  their  lives  and  property  totally  at  his  will  and  pleasure. 

The  life  of  the  meanest  of  his  subjects  cannot  be  touched,  except 
in  an  emergency,  but  by  his  own  order,  or  by  the  order  of  some 
Baslia  to  whom  he  has  delegated  the  power  of  life  and  death — a 
power  he  rarely  places  out  of  his  own  hands.  Criminals  from  the 
most  distant  provinces  are  sent  to  Morocco,  where  the  King  hears 
the  complaints  against  them,  and  as  soon  as  he  pronounces  sentence 
it  is  executed  on  the  spot ;  and  this  is  always  at  an  audience.  When 
we  left  Morocco  no  execution  had  taken  place  for  four  months.  This 
Court  does  not  depend  in  any  degree  on  the  Ottoman  Porte,  nor  any 
other  Power  whatever ;  but  there  is  a  strict  friendship  between  the 
Grand  Scignor  and  the  Emperor,  and  as  there  is  a  possibility  of  a 
war  between  the  Turks  and  Russians,  the  Emperor,  thinking  it  a 
kind  of  common  cause,  being  between  Christians  and  Mussulmans, 
has  shown  iiis  disposition  lately  to  aid  the  Grand  Seignor  by  sending 
him  two  twenty-gun  frigates,  with  saltpetre  and  silver  to  a  very 
considerable  amount. 

Religion. — The  Moors  of  the  Empire  of  Morocco  profess  the 
Mahometan  religion  and  obedience  to  the  precepts  of  the  Koran ; 
but  the  Emperor  holds  the  power  of  dispensing  occasionally  with 
such  as  he  thinks  proper.  Thus  the  exportation  of  corn,  which  is 
prohihited  by  the  Koran,  is  permitted  by  the  King.  With  respect  to 
tiieir  piracies,  1  believe  they  do  not  proceed  from  any  religious  j)rin- 
ciple.  It  seems  to  be  the  general  opinion  that  they  took  rise  on  the 
expulsion  of  the  Moors  from  Spain  in  the  reign  of  PhiHp  the  Third, 
when  seven  hundred  thousand  were  banished  from  that  country;  that 
necessity  and  revenge  first  instigated  them  to  commit  depredations  on 
the  Europeans,  and  their  hands  were  strengthened  and  hatred  increased 
by  their  final  expulsion  in  the  reign  of  Ferdinand  and  Isabella,  when 
seventeen  thousand  families  joined  tluiir  friends  on  the  sea-coast  of 
this  side  of  the  Mediterranean.  A  piratical  war,  begun  against  the 
Spaniards,  was  extended  to  llie  other  Clirislian  Powers ;  and  all  the 


DIPLOMATIC  CORRESPONDENCE.  715 

Barbaiy  States  have  been  enabled  to  support  this  war  from  the  sup- 
plies given  them  by  the  maritime  Powers  of  Europe,  many  of  which 
seem  contending  with  each  other  which  shall  enable  the  Moors  most 
to  injure  the  trade  of  their  neighbors. 

What  1  have  said  on  this  article  I  give  as  the  best  information  I 
can  procure  ;  but  it  is  not  satisfactory,  and  I  am  persuaded  the  origin 
of  these  depredations  is  of  a  much  older  date ;  for  early  in  the 
seventh  century,  the  Spaniards  made  a  descent  on  the  town  from 
which  I  write,  to  revenge  the  piracies  committed  by  the  people 
of  this  country. 

Captures. — No  American  vessel  has  been  taken  by  the  Emj^eror 
but  one,  which  was  commanded  by  Captain  Irwin,  and  bound  from 
Cadiz  to  Virginia.  She  lies  on  the  beach  at  tliis  place,  and  the 
Emperor  ordered  the  Basha  to  deliver  her  and  the  cargo  to  me.  But 
as  I  understand  she  had  been  insured  in  Spain,  I  did  not  choose  to 
take  her  under  my  care.  The  Emperor  has  no  treaty  with  Russia, 
Germany,  Hamburg,  Dantzic,  or  Malta.  But  there  seems  to  be  a 
cessation  of  hostilities  with  all  the  world.  He  had  ordered  five 
frigates  to  be  fitted  for  sea,  and  I  think  it  more  than  probable  they 
were  intended  to  cruise  against  the  Americans. 

Having  thus  answered  the  queries  which  you  were  pleased  to 
make,  I  shall  at  present  conclude  with  the  assurance  of  my  being 
always,  with  great  respect  and  esteem,  &,c., 

THOMAS  BARCLAY. 


Prices  of  Goods  in  Mogadore,  in  June,  1786 

Wheat,  5  to  6  ounces  the  sal — duty,  1  Spanish  milled  dollar  and 
1  Barbary  ounce  per  fanega. 

Olive  oil,   34  ounces  per  quintal — duty,  2  dollars   1  ounce  per 
quintal. 

AVool,  5  ducats  per  quintal — duty,  2  dollars. 

Elephant's  teeth,  30  ducats  per  quintal — duty,  4  dollars. 

Beeswax,  27  ducats  the  great  quintal  of  150  pounds — duty,  15 
dollars. 

Gum  arable,    10  ducats — duty,  2  dollars  and  1  ounce. 
Senegal,  14     do.         do.       the  same, 
sandrach,  6^  do.         do.       the  same. 


716  JOHN  ADAMS— JOHN  JAY. 

Copper,  in  blocks,  11  ducats — duty,  5  dollars. 

Shelled  almonds,  6  ducats — duty,  I  dollar  and  1  ounce. 

Mules  for  exportation,  30  to  35 — duty,  10  dollars. 

Red  morocco  skins,  as  in  quality  about  10  ounces  per  skin,  duty 
free. 

Coins. 

The  f^old  ducat  16  ounces — value,  nearly  7s.  8c?.  sterling. 

Silver  ducat  10  do. — value,  nearly  4s.  9id. 

The   ounce   of  4   blandquils,   a  silver   coin  worth  nearly  b^d. 
sterling. 

The  blandquil  of  24  fluces  do. — value  about  l^d.  sterling. 

The  fluce,  a  copper  coin — value,  about  ^  of  a  farthing  sterling. 

JS'ote. — When  the  ducat  is  mentioned  in  the  prices  of  goods,  the 
silver  ducat  is  understood. 

Weights. 

IJ  Mexican  dollar  make  an  ounce. 

16  ounces,  or  20  dollars,  a  pound. 

10  pounds,  or  200  dollars,  the  small  quintal. 

15  pounds,  or  300  dollars,  the  great  quintal. 

Measure. 
The  condre  or  cala,  2J  of  which  make  a  French  aune,  or  1^  an 
English  ell,  nearly. 

INIeasures  for  liquors,  none. 


No.  9. 

FROM    THOMAS    BARCLAY    TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Tangier,  September  13,  1786. 
Gentlemen, 
Though  in  a  letter,  written  at  this  place,  dated  10th  instant,  I 
gave  you  a  long  answer  to  tiic  questions  with  which  you  charged 
we,  I  will  now  add  some  further  particulars  on  the  subject  of  this 
rouutry,  which  you  will  possibly  be  inclined  to  know.  The 
KiMpiTor  is  on  the  most  cordial  and  friendly  footing  with  Spain. 
The  pH'sents  made  him  from  that  (^ourt  have  l>cen  uncommonly 
great,  and  among  other  articles  lately  sent  were  eighty  thousand 
dollars  in  specie. 


DIPLOMATIC  CORRESPONDENCE.  717 

It  was  some  time  ago  debated  in  the  council  at  Versailles,  whether 
war  should  not  be  declared  against  INIorocco  for  the  treatment  which 
the  Emperor  gave  IMr.  Chinie,  the  French  Consul,  when  he  was  last  at 
Morocco.  The  fact  was  that  the  Emperor  wrote  to  Rabat,  desiring 
to  see  the  Consul  at  the  Court ;  from  which  M.  Chinie  excused 
himself  on  account  of  his  health,  which  the  Emperor  was  informed 
was  very  good.  Some  time  after  the  Consul  went  up  to  Morocco, 
with  a  letter  from  M.  de  Castries,  in  answer  to  one  which  the 
Emperor  had  written  to  the  King  of  France ;  but  the  Emperor  was 
so  much  offended  at  the  letter  not  being  from  the  King  himself,  and 
at  Mr.  Chinie  for  not  complying  with  his  desire  to  go  to  INIorocco, 
that  he  would  not  look  at  it,  but  ordered  it,  at  the  public  audience, 
to  be  tied  around  the  Consul's  neck,  and  dismissed  him.  The  late 
pro-Consul  of  France  has  been  very  successful  in  reconciling  matters, 
and  the  present  Consul  was  very  well  received  while  I  was  in 
Morocco ;  the  Emperor,  however,  strongly  advising  him  to  avoid  the 
ways  of  his  predecessor. 

The  Swedes  are  bound  by  treaty  to  send  an  Ambassador  once  in 
two  years,  and  the  presents  are  considerable,  and  very  useful  to  the 
Emperor. 

The  Danes  are  bound  by  treaty  to  pay  an  annual   tribute  of, 
twenty-five  thousand  dollars. 

The  Venetians  by  treaty  also  are  bound  to  pay  ten  thousand 
chequins,  being  about  twenty-two  thousand  dollars. 

The  presents  from  Holland  are  more  considerable  than  those  from 
any  of  the  three  last  mentioned  Powers,  but  they  are  not  stipulated. 

The  English  pay  also  very  high  without  being  bound  to  do  so  by 
treaty;  and  they  enjoy  at  present  very  little  of  the  Emperor's 
friendship  or  good  wishes.  There  is  not  a  nation  on  earth  of  which 
he  has  so  bad  an  opinion,  and  I  have  heard  him  say  they  neither 
minded  their  treaties  nor  their  promises.  It  would  be  going  into  too 
long  a  detail  to  mention  all  the  particulars  that  gave  rise  to  these 
prejudices,  which  may  very  possibly  end  in  a  war. 

The  Emperor  of  Morocco  has  no  treaty  with  the  Emperor  of 
Germany,  and  has  given  notice  to  the  Imperial  Consul  at  Cadiz  that, 
unless  the  Emperor  of  Germany  sends  him  three  frigates,  he  will 
cruise  against  his  vessels. 

With  the  Portuguese  he  is  very  friendly ;  their  men-of-war  come 
into  this  bay  to  get  supplies  of  provisions  and  other  necessaries, 


718  JOHN  ADAMS— JOHN  JAY 

during  their  cruises  against  the  Algerines ;  and  a  man-of=-war  of 
sixty-four  guns,  which  is  lying  at  anchor  here  for  that  purpose, 
will  sail  in  a  few  days  to  join  the  Portuguese  squadron  of  six  vessels 
that  are  now  in  the  Mediterranean,  to  prevent  the  Algerine  cruisers 
from  getting  into  the  Atlantic.  By  the  treaty  between  Portugal  and 
IMorocco,  the  Emperor  is  not  to  allow  his  vessels  to  cruize  to  the 
northward  of  Cape  Finisterre. 

I  have  already  mentioned  the  situation  of  the  Emperor  with  the 
Porte ;  with  Tunis  and  Tripoli  he  is  on  very  good  terms,  but  a 
coolness  has  subsisted  between  him  and  the  Dey  of  Algiers  for  some 
time ;  which  began,  I  believe,  upon  the  Emperor's  having  made 
peace  with  Spain  without  communicating  with  the  Dey.  I  am  told, 
however,  that  some  late  friendly  overtures  have  been  made  from 
Algiers,  which  will  probably  reinstate  the  countries  in  their  old 
situation. 

The  dominions  of  the  Emperor  consist  of  the  kingdoms  of  Fez, 
Morocco,  Tafilet,  and  Sus ;  and  his  influence  extends  a  great  way 
into  the  desert.  Fez  and  Morocco  are  in  many  parts  very  fertile  in 
corn,  fruit,  and  oil ;  and  any  quantity  of  wine  might  be  raised,  but 
the  use  of  it  is  prohibited.  The  last  harvest  has  produced  an 
increase  of  forty  for  one,  (an  assertion  which,  from  examination,  I 
know  to  be  true,)  and  thirty  for  one  is  not  deemed  extraordinary. 
The  resources  of  the  country  are  great,  but  the  cultivation  of  those 
resources  slovenly  to  a  degree.  All  the  arts  and  sciences  are  buried  in 
obhvion  ;  and  it  appears  almost  impossible  that  these  are  descendants 
of  the  people  who  conquered  Spain,  ruled  it  for  seven  hundred  years, 
and  left  some  very  striking  memorials  behind  them  in  tiiat  country. 
The  streets  and  houses  in  the  city  of  Morocco  are  despicable  beyond 
belief,  with  liere  and  there  the  remains  of  something  that,  with  the 
mosques,  shows  the  city  was  once  of  more  consequence.  There  are 
schools  in  all  the  towns,  where  reading  and  writing  are  taught,  and 
in  some  places  arithmetic,  and,  very  rarely,  a  little  astronomy ;  and 
lln'se  branches  comprehend  the  learning  of  the  Moors.  Tiie  people 
serin  to  be  warlike,  fierce,  avaricious,  and  contemners  of  the 
('hristians.  The  Arabs,  who  dwell  in  tents,  despise  the  inhabitants 
of  tiu;  cities,  but  unite  with  them  in  their  attachment  to  the  sovereign- 
The  Emperor  is  sixty-six  years  of  age,  according  to  the  Mahometan 
reckoning,  wiiieh  is  about  sixly-f(;ur  of  our  y».'urs.  lie  is  of  a  middle 
staluie,  inclining  to  fat,  and  has  a  remarkable  cast  in  his  right  eye. 


DIPLOMATIC  CORRESPONDENCE.  719 

which  looks  blacker  than  the  other.  His  complexion  is  rather  dark, 
owing  to  a  small  mixture  of  the  negro  blood  in  him.  He  possessed, 
in  his  early  years,  all  the  fierceness  of  his  ancestors,  but,  being 
intrusted  by  his  father  in  public  matters,  he  turned  his  thoughts  on 
the  art  of  government,  and,  during  his  father's  lifetime,  obtained 
absolute  dominion,  not  only  over  the  country,  but  over  his  father, 
who  intrusted  every  thing  to  his  management,  approving  even  of 
those  acts  which  he  did  contrary  to  his  instructions ;  and  the  most 
perfect  friendship  always  subsisted  between  them.  It  is  about 
twenty-eight  years  since  he  ascended  the  throne,  without  a  com- 
petitor; since  which  he  has  taken  the  utmost  pains  to  conquer  those 
habits  and  prejudices  in  which  he  was  educated.  One  of  his  people, 
not  long  ago,  making  a  complaint  of  some  ill  treatment  he  had 
received,  and  not  meeting  such  redress  as  he  expected,  broke  out 
into  some  language  that  the  Emperor  was  not  accustomed  to  hear ; 
his  Majesty,  with  great  temper,  said,  "  Had  you  spoken  in  such 
terms  to  my  father  or  grandfather,  what  do  you  think  would  have 
been  the  consequence?"  The  King  i?  fond  of  accumulating  wealth, 
and  distributing  it.  The  sums  he  sends  to  Mecca  are  so  extraordi- 
nary, that  they  occasion  conjectures  that  he  may  possibly  retire 
there  one  day  himself.  He  is  religious,  and  an  observer  of  forms ; 
but  this  did  not  hinder  him,  on  a  late  journey  from  Salee  to 
Morocco,  to  strike  out  of  the  direct  road,  and  go  to  a  saint's  house, 
where  a  number  of  villains  (about  three  hundred)  had  taken  sanctuary, 
every  one  of  whom  he  ordered  to  be  cut  in  pieces  in  his  presence. 
He  is  a  just  man,  according  to  his  idea  of  justice,  of  great  personal 
courage,  liberal  to  a  degree,  a  lover  of  his  people,  stern,  rigid  in 
distributing  justice,  and,  though  it  is  customary  for  those  people  who 
can  bring  presents  never  to  apply  to  him  without  them,  yet  the 
poorest  Moor  in  his  dominions,  by  placing  himself  under  a  flag, 
which  is  erected  every  day  in  the  court  where  the  public  audiences 
are  given,  has  a  right  to  be  heard  by  the  Emperor  in  preference  to 
any  Ambassador  from  the  first  king  upon  earth,  and  to  prefer  his 
complaint  against  any  subject,  be  his  rank  what  it  may.  His 
families,  which  are  in  Morocco,  Mequinez,  and  Tafilet,  consist  of 
four  Queens ; 

Forty  women,  who  are  not  married,  but  who  are  attended  in  the 
same  manner  as  if  they  were  Queens ; 

Two  hundred  and  forty-three  women  of  inferior  rank;  and  these 
are  attended  by  eight  hundred  and  fifty-eight  females,  who  are  shut 


720  JOHN  ADAMS-JOHN  JAY. 

up  in  the  seraglios ;  and  the  number  of  eunuchs  is  great.  The  last 
Queen,  whom  he  married  two  years  ago,  is  now  about  fourteen  or 
fifteen  years  of  age,  and  his  children  are  sixteen  sons  and  seven 
daughters. 

I  shall  conclude  this  letter  with  a  short  account  of  the  two  audi- 
ences I  had.  The  first  was  a  public  one,  at  which  there  were  about 
one  thousand  people  present.  The  Emperor  came  out  on  horseback, 
and  we  were  presented  by  the  Basha  of  Morocco.  After  inquiring 
w  hat  kind  of  a  journey  we  had,  and  whether  we  came  in  a  frigate, 
he  asked  the  situation  of  America  with  respect  to  Great  Britain,  and 
the  cause  of  our  separation.  He  then  questioned  me  concerning  the 
number  of  American  troops  during  the  war  and  since  the  peace,  of 
religion,  of  the  white  inhabitants,  and  of  the  Indians;  of  the  latitudes 
of  the  United  States,  and  remarked  that  no  person  had  sailed  farther 
than  the  80th  degree  of  north  latitude,  and  inquired  whether  our 
country  produced  timber  fit  for  the  construction  of  vessels.  He  then 
asked  for  the  letters,  and  ordering  the  one  from  the  King  of  Spain  to 
be  opened,  he  examined  it,  and  said  he  knew  the  writing  very  well. 
He  then  looked  at  an  alarm  watch,  which  happened  to  strike,  and 
asked  several  questions  about  it.  He  concluded  by  saying :  "  Send 
your  ships  and  trade  with  us.  I  will  do  everything  you  can  desire ;" 
at  which  he  looked  round  to  his  great  officers  and  people,  who  all 
cried  out,  '-God  preserve  the  life  of  our  master."  He  then  ordered 
his  gardens  to  be  shown  to  us,  and  the  American  boy  to  be  sent  to 
me. 

The  second  audience  was  in  the  jifirdcn,  when  the  Kinfi;  was  ajraln 
on  horseback;  and  as  soon  as  we  bowed  to  him  ho  cnci],  Bona ! 
Bona!  and  began  to  complain  of  the  treatment  he  had  received  from 
the  English.  He  examined  a  watch  which  was  among  the  presents, 
and  an  atlas,  with  which  he  seemed  very  well  acquainted,  jjointing 
out  to  me  different  parts  of  the  world,  and  naming  them,  though  he 
coulfl  not  read  the  names  as  they  were  printed.  He  asked  to  see  the 
inaj)  of  the  United  Slates,  which  was  among  the  others;  and,  after 
examining  it,  called  fur  a  [)en  and  pajx-r,  and  wrote  down  tiie  latitudes 
to  which  his  vessels  had  sailed  ;  after  wliich  he  put  douii  tin;  latiliides 
of  the  roast  of  America,  desiring  to  know  whicii  were  the  best  ports, 
and  said  lui  would  ])robai)ly  send  a  vessel  there.  1  presented  him 
with  a  l)0()k  containing  tin;  constitutions  of  America  and  other  piililic 
pap»'r.s;an(l  one  of  ihc  iiiterj)reiers  told  liiin  it  also  contained  the 
reasons  which  induced  the  Americans   to  go   to  war  with  Great 


DIPLOMATIC  CORRESPONDENCE.  721 

Britain.  "Let  these  reasons,"  said  he,  (looking  over  the  book,)  "be 
translated  into  Arabic,  and  sent  to  me  as  soon  as  possible."  After 
some  talk  about  tobacco,  the  day  of  the  month,  and  the  sun's  decli- 
nation, and  saying  he  would  order  a  bag  of  herbs  of  great  and  peculiar 
qualities  to  be  sent  to  me,  I  informed  him  that  I  would  appoint  Mr. 
Francis  Chiappi,  of  JMorocco,  as  an  agent  to  act  in  behalf  of  any 
American  citizen  who,  coming  to  this  country,  may  have  occasion 
for  his  service,  or  to  transmit  to  his  Majesty,  through  Mr.  Tahar 
Fennish,  any  letters  or  papers  from  the  Congress  of  the  United  States, 
until  the  farther  pleasure  of  Congress  shall  be  known. 

Li  this  account  of  the  audiences  I  have  omitted  some  particulars 
which  were  of  no  consequence ;  and  what  I  have  related  serves  only 
to  show  the  turn  of  thinking  which  the  Emperor  possesses,  and  the 
objects  that  engross  his  attention. 

I  have  the  honor  to  be,  he,  THOMAS  BARCLAY. 


FROM   THOMAS    BARCLAY   TO    MESSRS.    ADAMS    AND    JEFFERSON. 

Ceuta,  September  18,  1786. 
Gentlemen, 

As  you  will  probably  wish  to  know  the  particulars  of  the  negotia- 
tions of  the  treaty  with  the  Emperor,  and  as  the  perusal  will  not 
take  up  a  great  deal  of  time,  I  shall  lay  them  before  you. 

After  the  first  audience  was  over,  Mr.  Tahar  Fennish,  in  whose 
hands  the  negotiation  was  placed,  came  from  the  Emperor  and 
informed  me  that  his  Majesty  had  read  the  translation  of  the  letters ; 
that  he  had  made  a  treaty  with  Spain  very  favorable  to  that  country ; 
that  he  would  write  to  his  Catholic  Majesty  to  give  a  copy  of  that 
treaty,  from  which  one  with  the  United  States  might  be  formed ;  and 
that  he  would  either  request  the  King  of  Spain  to  order  it  to  be 
signed  at  Madrid,  or  it  might  be  sent  to  Morocco  for  signature  by 
express.  I  replied  that  I  had  taken  a  long  journey  in  order  to  make 
this  treaty,  and  that  I  would  be  very  sorry  to  return  until  it  was 
finished.  If  Mr.  Fennish  would  give  a  copy  of  the  Spanish  articles, 
I  would  point  out  such  as  would  be  necessary  for  us,  and  I  doubted 
not  but  we  would  soon  agree  upon  them. 

Mr.  Fennish  said  that  some  of  the  papers  were  at  Mequinez,  and 
some  at  Fez,  and  that  it  would  be  impossible  to  collect  them  so  as  to 
Vol.  IL— 4G 


722  JOHN  ADAMS— JOHN  JAY. 

make  ihem  useful  on  this  occasion.  I  answered,  that  if  permission 
was  given  to  me,  I  would  lay  before  the  Emperor,  through  him,  the 
heads  of  such  a  treaty  as  I  imagined  would  be  perfectly  agreeable  to 
both  countries ;  that  if  any  objections  should  appear,  we  would  talk 
them  over,  and,  after  due  consideration,  do  what  would  seem  right. 
To  this  INIr.  Fennish  agreed,  promising  his  best  offices  to  forward 
and  settle  everything  on  good  and  reasonable  terms.  The  next  day 
but  one,  the  heads  of  the  treaty,  in  Arabic,  were  put  into  the  hands 
of  Mr.  Fennish,  who  showed  them  to  the  Effendi,  by  whom  seven  of 
the  articles  were  objected  to  as  highly  unreasonable.  They  were, 
however,  read  before  his  Majesty  and  some  of  the  principal  officers 
of  the  Court,  when  all  the  articles,  except  four,  were  admitted 
without  hesitation,  and  the  next  morning  I  received  a  message  from 
one  of  the  persons  who  was  present  at  reading,  with  compliments 
upon  the  progress  I  had  made,  and  taking  to  himself  entirely  the 
merit  of  removing  three  of  the  objections. 

When  the  proposition  for  an  exchange  of  prisoners  was  read,  the 
King  said,  "This  is  not  right.  Why  are  the  Christian  Powers  so 
averse  to  go  to  war  with  me?  It  is  the  fear  of  their  subjects  falling 
into  slavery."  To  which  the  King's  preacher  replied,  "  These 
people  deserve  more  indulgence  from  you  than  many  others  with 
whom  you  are  in  alliance ;  they  arc  nearer  our  religion,  and  our 
prophet  mentions  those  who  possess  their  manner  of  worship  with 
respect."  Upon  which  the  Emperor  said,  "  Let  this  article  be 
admitted."  The  next  day  I  put  the  treaty  at  full  length  into  the 
hands  of  the  interpreter,  to  get  it  translated  into  Arabic ;  and  in  a 
few  days,  a  rough  draught  in  Arabic,  formed  from  my  draught,  but 
much  curtailed,  was  delivered  to  me  by  the  Talbe,  who  had  drawn 
it  up  by  his  Majesty's  instructions,  and  who,  though  he  had  altered  it 
in  the  form,  preserved  the  substance.  I  caused  this  draugiu  to  be 
translated  into  English  by  one  person,  and  into  the  French  by 
another,  and  agreed  to  rect-ive  the  treaty  as  it  then  stood  ;  and  I  was 
the  more  anxious  not  to  diifer  ujion  points  of  form  merely,  because  I 
knew  the  Effendi,  who  is  the  chief  officer  at  Court,  wanted  to 
embarrass  me,  and  to  draw  the  affair  into  a  length  of  time,  and  lo 
get  it  into  his  own  hands ;  and  this  disposition  had  apjieared  on 
various  occasions,  indeed,  on  all  tiiat  offered. 

In  the  opening  of  the  affair  1  was  asked  by  the  interpreter  what  I 
had  lo  offer  on  the  side  of  the  United  States,  by  way  of  presents  in 


DIPLOMATIC  CORRESPONDENCE.  723 

future,  or  by  way  of  tribute ;  to  which  I  replied,  (supposing  the 
question  might  come  from  Mr.  Fennish,  on  the  part  of  the  Emperor.) 
that  I  had  to  offer  to  his  Majesty  the  friendship  of  the  United  States, 
and  to  receive  his  in  return ;  to  form  a  treaty  with  him  on  hberal  and 
equal  terms.  But  if  any  engagements  for  future  presents  or  tributes 
were  necessary,  I  must  return  without  any  treaty.  I  took  care  that 
those  sentiments  should  be  conveyed  to  Mr.  Fennish,  and  nothing 
was  afterwards  said  about  it,  nor  a  hint  dropped  that  anything  was 
expected.  While  the  last  draught  of  the  treaty  was  making,  I  was 
told  it  would  be  proper  that  the  delivery  to  me,  in  behalf  of  the 
United  States,  should  be  inserted  ;  to  which  I  very  readily  acquiesced, 
and  wrote  on  a  piece  of  paper  what  I  wished  should  be  added. 
When  the  treaty  was  finally  put  into  my  hands,  sealed  by  the  King, 
and  not  till  then,  did  I  see  or  suspect  in  what  manner  that  insertion 
is  made,  and  which  I  wish  with  all  my  heart  was  extinguished — at 
least  one  of  the  two. 

Mr.  Fennish  being  confined  to  his  chamber,  our  papers  fell  into 
the  hands  of  the  EfFendi,  who,  notwithstanding  the  Emperor  had 
ordered  them  to  be  delivered,  detained  them  under  various  pretences, 
but  at  length  (without  ever  coming  to  an  open  quarrel)  he  sent  them. 
When,  on  examination,  we  found  the  Talbe  had  omitted  a  matter  of 
some  consequence  in  one  of  the  articles,  the  rectifying  of  which,  and 
the  getting  the  declaration  made  by  Mr.  Fennish  by  order  of  the 
King,  took  up  a  day  or  two.  I  was  asked  to  sign  an  acceptation  of 
the  articles  on  the  part  of  the  United  States ;  but  as  the  treaty  was 
not  drawn  up  in  the  form  expected,  I  excused  myself,  (without, 
however,  giving  any  offence,)  referring  Mr.  Fennish  to  Congress  and 
the  Ministers.  It  is  a  friendly  well-intended  treaty,  given  by  the 
Emperor  without  much  being  demanded  on  his  part.  If  it  proves 
satisfactory,  it  will  be  proper  for  you,  gentlemen,  to  give  your  senti- 
ments of  it  to  Mr.  Fennish,  and  that  Congress  ratify  it.  And  here, 
perhaps,  it  may  not  be  unnecessary  to  say  that  Mr.  Fennish,  through- 
out the  whole,  as  far  as  I  can  judge,  has  acted  with  the  utmost 
candor  and  veracity,  and  I  thought  myself  very  happy  in  having 
been  put  into  his  hands. 

When  the  business  was  over,  the  Emperor  sent  a  message  to  me 
by  Mr.  Fennish  desiring  to  know  whether  I  had  anything  to  ask,  and 
(to  repeat  the  words  in  which  it  was  delivered)  if  I  had,  not  to  be 
ashamed  or  backward  in  doing  it.     I  was  prepared  for  this  compli- 


724  JOHN  ADAMS-JOHN  JAY. 

ment  before  I  left  Spain,  and  was  advised  to  request  a  permission  to 
export  twenty  thousand  fanegas  of  wheat  without  duty,  by  which  I 
should  probably  gain  as  many  dollars  ;  and,  with  great  truth,  I  assure 
you  that  I  am  persuaded  it  would  have  been  immediately  granted ; 
but  I  do  not  choose  to  end  an  embassy,  begun  avowedly  on  disinter- 
ested principles,  by  making  such  a  request,  especially  as  1  was 
informed  he  would  look  on  the  United  States  as  under  some  obliga- 
tions for  such  an  indulgence  shown  their  servant ;  and  as  the 
professions  of  an  inclination  to  give  a  mark  of  his  approbation  of  the 
transactions  were  repeated,  I  accepted  them,  and  pointed  out  the 
manner  in  which  he  might  show  the  friendly  disposition  he  had 
expressed.  This  was  by  his  giving  letters  to  Constantinople,  Tunis, 
Tripoli,  and  Algiers,  recommending  to  these  several  States  to  enter 
into  an  alliance  with  the  United  States,  and  by  advising  them  to 
receive  in  the  most  friendly  manner  such  agents  and  propositions  as 
should  be  sent  them  from  America.  The  Emperor  iamiediately 
came  into  these  views,  and  jNIr.  Fennish  desired  that  I  would  draw 
up  the  form  of  a  letter  such  as  I  wished  should  be  written ;  which  I 
did ;  and  the  indisposition  of  this  gentleman  was  the  reason  given 
why  I  did  not  get  them  at  jNIorocco.  I  wrote  twice  to  the  Emperor, 
and  waited  at  Tangier  for  an  answer,  which  I  received  from  ]\Ir. 
Fennish,  saying  the  letters  were  not  prepared ;  and  at  present  1  shall 
add  no  more  than  that  the  Emperor  is  perfectly  well  informed  that  1 
had  no  orders  to  ask  such  letters,  and  that,  if  there  is  anything  wrong 
in  having  done  it,  it  is  entirely  an  act  of  my  own.  The  treaty 
having  been  completed,  his  Majesty  gave  a  written  paper,  not  only 
describing  our  route,  but  the  lime  we  should  remain  at  the  principal 
towns.  We  came  to  this  place  to  avoid  a  quarantine  in  Spain,  and 
have  been  detained  by  some  tempestuous  weather.  The  commandant 
of  the  marine  at  St.  Roque  hearing  we  were  at  Tangier,  and  at  a  loss 
how  to  reach  Spain  without  performing  a  quarantine,  sent  a  vessel 
for  us,  directing  the  commander  to  attend  us  wherever  we  should 
choose. 

1  think  it  probable  that  you  will  not  judge  it  necessary  for  me  to 
go  up  the  Mediterranean,  as  Mr.  Lamb,  I  hear,  has  returned  to 
Algiers — a  circumstance  that  will  make  me  very  hapj)y ;  for  though 
1  was  not  backward  in  oflering  my  services,  1  was  inlluenced  only 
by  the  necessity  1  thought  there  was  of  doing  something.  Therefore, 
il   1  do  not  receive  your  decided  orders  at  Cadiz  to  pursue  these 


DIPLOMATIC  CORRESPONDENCE.  725 

African  objects,  I  will  embrace  the  first  opportunity  of  embarking 
from  Spain  for  America. 

I  beg  leave  to  assure  you  of  my  being,  with  every  sentiment  of 
esteem  and  respect,  &tc., 

THOMAS  BARCLAY. 


No.  11. 

1,  the  underwritten,  Thomas  Barclay,  agent  for  the  United  States 
of  America  at  Morocco,  having  received  from  his  Imperial  Majesty 
a  treaty  of  peace  and  commerce  between  his  INIajesty  and  the  said 
United  States,  dated  on  the  first  day  of  the  Ramadan,  in  the  present 
year  of  the  Hegira  one  thousand  two  hundred;  and  thinking  it 
necessary  that  an  agent  residing  at  IMorocco  should  be  appointed,  to 
take  proper  care  of  all  matters  relative  to  such  of  the  citizens  of 
America  as  may  possibly  amve  in  any  part  of  the  Empire  of  IMorocco, 
and  shall  have  occasion  to  apply  for  aid  or  assistance  to  such  agent, 
as  also  that  a  fit  and  proper  channel  may  be  formed  whereby  all 
public  papers  relative  to  America  may  be  transmitted  to  his  IMajesty, 
until  the  will  and  pleasure  of  Congress  be  known :  I  do  hereby,  with 
the  consent  and  approbation  of  his  Imperial  Majesty  the  Emperor  of 
Morocco,  constitute  and  appoint  Mr.  Francis  Chiappi,  of  the  city  of 
Morocco,  agent  for  the  United  States,  until  the  pleasure  of  the  hon- 
orable the  Congress  of  the  United  States  touching  this  matter  shall 
be  further  known. 

In  testimony  whereof  I  hereunto  put  my  hand  and  seal,  dated 
Morocco,  the  fifteenth  day  of  July,  in  the  year  of  our  Lord  1786. 

THOMAS  BARCLAY. 

The  same  to  Joseph  Chiappi,  who  is  Consul  for  Genoa  and  Vice 
Consul  for  Venice,  constituting  him  agent  at  Mogadore. 

The  same  to  Girolamo  Chiappi,  who  is  Consul  for  Venice  and 
Vice  Consul  for  Genoa,  constituting  him  agent  at  Tangier. 

REPORT  OF  SECRETARY  JAY  ON  THE  TREATY  WITH  MOROCCO. 

Office  for  Foreign  Affairs,  May  1,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  the  treaty  lately  concluded  with  the 
Emperor  of  Morocco,  reports  : 


726  JOHN  ADAMS- JOHN  JAY. 

That  it  will,  in  his  opinion,  be  proper  for  Congress  to  ratify  the 
said  treaty  in  the  manner  and  form  following,  viz : 

The  United  States  of  America  in  Congress  assembled  to  all  who 
shall  see  these  presents,  greeting. 

Whereas  the  United  States  of  America  in  Congress  assembled,  by 
their  commission  bearing  date  the  l'2th  day  of  May,  1784,  thought 
proper  to  constitute  John  Adams,  Benjamin  Franklin,  and  Thomas 
Jefferson,  their  IMinisters  Plenipotentiary,  giving  to  them,  or  a  majority 
of  them,  full  power  to  confer,  treat,  and  negotiate  with  the  Ambas- 
sador, Minister,  or  Commissioner  of  his  Majesty  the  Emperor  of 
Morocco,  concerning  a  treaty  of  amity  and  commerce,  to  make  and 
receive  propositions  for  such  treaty,  and  to  conclude  and  sign  the 
same,  transmitting  it  to  the  United  States  in  Congress  assembled  for 
their  final  ratification  ;  and  by  one  other  commission,  bearing  date 
the  11th  day  of  March,  1785,  did  further  empower  the  said  Ministers 
Plenipotentiary,  or  a  majority  of  them,  by  writing,  under  their  hands 
and  seals,  to  appoint  such  agent  in  the  said  business  as  they  might 
think  proper,  with  authority,  under  the  directions  and  instructions  of 
the  said  Ministers,  to  commence  and  prosecute  the  said  negotiations 
and  conferences  for  the  said  treaty,  provided  that  the  said  treaty  should 
be  signed  by  the  said  Ministers :  And  whereas  the  said  John  Adams 
and  Thomas  Jefferson,  two  of  the  said  Ministers  Plenipotentiary, 
(the  said  Benjamin  Franklin  being  absent,)  by  writing,  under  the 
hand  and  seal  of  the  said  John  Adams,  at  London,  October  the  5th, 
1785,  and  of  the  said  Thomas  Jefferson,  at  Paris,  October  the  11th, 
of  the  same  year,  did  appoint  Thomas  Barclay  agent  in  the  business 
aforesaid,  giving  him  the  powers  therein  which,  by  the  said  second 
commission,  they  were  autliorized  to  give ;  and  the  said  Thomas 
Barclay,  in  pursuance  thereof,  hath  arranged  articles  for  a  treaty  of 
amity  and  commerce  between  the  United  States  of  America  and  his 
Majesty  tlie  Emperor  of  Morocco,  which  articles,  written  in  the 
Arabic  language,  confirmed  by  his  said  Majesty  the  Emperor  of 
Morocco,  and  sealed  with  his  royal  seal,  being  translated  into  the 
language  of  the  said  United  States  of  America,  together  with  the 
attestations  thereunto  annexed,  are  in  the  following  words,  to  wit:* 

And  whereas  the  said  John  Adams  and  Thomas  Jefferson,  Minis- 
ters PI(;nipotenliary  aforesaid,  by  writing,  under  their  respective 
liands  and  seals,  duly  matlc  and  •xtcuted  })y  the  said  John  Adams 

•For  ihc  treaty  and  odditiunul  article  ace  Journals  of  Congress,  pp.  75G  cl  acq. 


DIPLOMATIC  CORRESPONDENCE.  727 

on  the  25th  January,  1787,  and  by  the  said  Thomas  Jefferson  on  the 
1st  day  of  January,  1787,  did  approve  and  conclude  the  said  treaty, 
and  every  article  and  clause  therein  contained,  reserving  the  same, 
nevertheless,  to  the  United  States  in  Congress  assembled  for  their 
final  ratification. 

Now,  be  it  known  that  we,  the  said  United  States  of  America  in 
Congress  assembled,  have  accepted,  approved,  ratified,  and  confirmed, 
and  by  these  presents  do  accept,  approve,  ratify,  and  confirm  the  said 
treaty,  and  every  article  and  clause  thereof. 

In  testimony  whereof,  we  have  caused  our  seal  to  be  hereunto 
affixed.     Witness  his  Excellency  Arthur  St.  Clair,  our  President,  at 

the  city  of  New  York,  this day  of  IMay,  in  the  year  of  our 

Lord  1787,  and  in  the  eleventh  year  of  our  sovereignty  and  inde- 
pendence. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


REPORT  OF  SECRETARY  JAY  ON  PAPERS  ACCOMPANYING  TREATY. 

Office  for  Foreign  Affairs,  July  27,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  were  referred  the  papers  which  accompanied  the 
treaty  with  Morocco,  reports : 
That  one  of  these  papers  is  a  letter  from  the  Emperor  of  Morocco ; 

and  that,  as  Congress  has  been  pleased  to  ratify  the  treaty  made  with 

him,  it  will,  in  his  opinion,  be  proper  to  return  the  following  answer 

to  it: 

"  Great  and  magnanimous  Friend, 

"  We  have  received  the  letter  which  your  Majesty  did  us  the  honor 
to  write,  dated  the  first  of  the  month  of  Ramadan,  1200. 

"We  have  likewise  received  the  treaty  concluded  in  our  behalf 
with  your  Majesty ;  and  we  have  expressed  our  perfect  approbation 
of  it  by  ratifying  and  publishing  it,  and  ordering  it  to  be  faithfully 
observed  and  fulfilled  by  all  our  citizens. 

"  It  gives  us  great  pleasure  to  be  on  terms  of  peace  and  amity  with 
so  illustrious  a  Sovereio-n,  and  we  flatter  ourselves  that  the  commerce 
of  these  distant  regions  with  your  Majesty's  dominions  will  gradually 


728  JOHN  ADAMS— JOHN  JAY. 

become  more  and  more  beneficial  to  both,  especially  after  our 
navigation  shall  cease  to  be  interrupted  by  the  unpi'ovoked  hostilities 
of  the  neighboring  States  in  Africa. 

'•  Your  JMajesty's  early  and  friendly  attention  to  these  new  and 
rising  States,  the  obliging  manner  in  which  you  received  and  treated 
our  negotiator,  Thomas  Barclay,  and  the  liberal  and  disinterested 
terms  on  which  your  Majesty  entered  into  treaty  with  us,  are  strong 
and  shining  proofs  of  a  great  mind — proofs  which  will  remain 
recorded  in  our  annals,  and  which  will  always  render  your  Majesty's 
name  respected  and  glorious  in  these  western  countries. 

'•'  These  distinguished  marks  of  your  iMajesty's  good-will  towards 
us  inspire  us  with  perfect  confidence  in  your  friendship,  and  induce 
us  to  request  your  favorable  interposition  to  incline  Algiers,  Tunis, 
and  Tripoli,  to  peace  with  us  on  such  terms  as  may  consist  with  our 
honor,  and  with  the  circumstances  of  our  new  and  distant  States. 

"  Should  your  Majesty's  mediation  be  the  means  of  putting  the 
United  States  at  peace  with  their  only  remaining  enemies,  it  would 
be  an  event  so  glorious  and  memorable,  that  your  Majesty's  reign 
would  thence  derive  additional  lustre,  and  your  name  not  only 
become  more  and  more  dear  to  our  citizens,  but  more  and  more 
celebrated  in  our  histories. 

"  We,  your  Majesty's  friends,  pray  God  to  bless  you. 

"  Done  by  the  United  States  in  Congress  assembled,  at  the  city  of 

New   York,  the day  of ,  in   the  year  of  our  Lord 

1787. 

"ARTHUR  ST.  CLAIR,  President:' 

Your  Secretary  further  reports  that  from  the  paper  No.  5,*  and 
from  Mr.  Barclay's  letter  of  15th  November,  1786,  as  well  as  from 
various  other  documents,  it  appears  that  his  Catholic  Majesty  has,  in 
the  most  friendly  and  effectual  manner,  interposed  his  good  offices  in 
behalf  of  the  United  States  with  the  Emperor  of  Morocco ;  and  that 
to  this  interposition  the  success  of  their  negotiations  with  his  Imperial 
Majesty  is,  in  a  great  degree,  to  be  ascribed, 

Tiiercfore,  he  tiiinks  it  would  be  proper  to 

*^  Jiesolve,  Tiiat  Congress  entertain  a  high  sense  of  the  friendship 
'which  his  Catholic  Majesty  has  manifested  for  the  United  States  on 
•  various  occasions,  and  particularly  in  the  decided,  kind,  and  effectual 
'manner  in  which  he  facilitated  ami  promoted  their  negotiations  for  a 

"  TroiiHlaiion  of  a  Idler  from  llic  Enipcror  lo  the  King  of  Spain. 


DIPLOMATIC  CORRESPONDENCE.  729 

'  treaty  of  peace  and  commerce  with  his  Imperial  Majesty  of  Morocco, 
'  as  well  by  writing  directly  to  the  Emperor  in  their  favor,  as  by 
'affording  such  collateral  countenance  and  aid  as  circumstances 
'  rendered  expedient,  and  his  desire  of  promoting  the  success  of  the 
'  negotiation  prompted. 

"  Resolved,  That  the  thanks  of  the  United  States  are  justly  due  to 
'his  Catholic  Majesty.  That  they  be  conveyed  in  a  letter  from 
'Congress,  expressing  their  acknowledgments  in  the  most  explicit 
'  terms ;  and  assuring  his  Majesty  of  their  earnest  deske  to  cultivate 
'his  friendship  by  such  attentions  as  occasions  may  put  in  then' 
'power,  and  as  may  best  evince  the  high  respect,  esteem,  and 
'  attachment  with  which  such  repeated  marks  of  his  friendship  have 
'impressed  them." 

Letter  to  his  Catholic  Majesty. 

"  Great  and  beloved  Friend, 
"  Various  circumstances  having  long  delayed  our  receiving  and 
ratifying  the  treaty  concluded  in  our  behalf  with  the  Emperor  of 
Morocco,  we  take  the  earliest  opportunity  of  manifesting  to  your 
Majesty  the  high  and  grateful  sense  we  entertain  of  that  kind, 
decided,  and  effectual  interposition  of  your  Majesty  with  the  Emperor 
in  our  favor,  to  which  we  are  so  greatly  indebted  for  the  successful 
issue  of  our  negotiations  with  him.  Permit  us,  therefore,  to  present 
to  your  Majesty  our  sincere  and  unanimous  thanks  for  that  important 
mark  of  your  friendship,  as  well  as  for  the  many  other  friendly 
offices  with  which  your  Majesty  has,  on  various  occasions,  been 
pleased  to  favor  us,  and  to  assure  you  of  our  earnest  desire  to 
embrace  every  opportunity  of  evincing  the  respect  and  attachment 
with  which  your  Majesty's  kind  attentions  to  the  United  States  have 
impressed  us. 

"  We  pray  God  to  bestow  the  best  blessings  on   your  Majesty, 
your  family,  and  people. 
"Done  by  the  United  States  of  America  in  Congress  assembled,  at 

the  city  of  New  York,  the day  of in  the  year  of 

our  Lord  1787. 

"ARTHUR  ST.  CLAIR,  President ^ 

Your  Secretary  further  reports  that,  from  the  paper  No.  6,  and 
others,  it  appears  that  Thomas  Barclay,  Esquire,  has,  in  the  conduct 
of  the  negotiation  with  the  Emperor  of  Morocco,  manifested  a 
degree  of  prudence,  address,  and  disinterestedness,  which,  in  the 


730  JOHN  ADAMS— JOHN  JAY. 

opmion  of  your  Secretary,  merits  the  approbation  of  Congress ;  and 
tlierefore  he  thinks  it  should  be 

'•'  Resolved,  That  Congress  are  well  pleased  with  the  conduct  of 
'  Thomas  Barclay,  Esquire,  in  the  course  of  the  negotiations  on  the 
'  part  of  the  United  States  with  his  Imperial  Majesty  of  Morocco,  as 
'  detailed  and  represented  in  his  and  other  letters  and  papers  trans- 
'mitted  to  them." 

Your  Secretary  further  reports  that,  in  his  opinion,  copies  of  the 
paper  No.  6,  which  contains  the  signals  agreed  upon  between  the 
United  States  and  Morocco,  by  which  their  respective  vessels  are  to 
be  known  to  each  other  at  sea,  should  be  sent  by  your  Secretary  to 
the  Executives  of  the  different  States,  to  the  end  that  copies  may  be 
given  to  such  American  masters  of  vessels  as  may  thence  make 
voyages,  in  the  course  of  which  they  may  expect  to  meet  with 
cruisers  from  Morocco. 

Your  Secretary  further  reports,  that  the  paper  marked  No.  8 
contains  some  interesting  information  respecting  the  present  state  of 
Morocco,  for  which  Mr.  Barclay  deserves  credit;  but  he  thinks  it 
should  not,  at  present,  be  published,  lest  those  who  may  wish  to 
embroil  us  with  the  Emperor  should  make  an  ill-natured  use  of  it. 

Similar  observations  are,  in  the  opinion  of  your  Secretary,  appli- 
cable to  the  paper  marked  No.  9,  which  contains  various  matters  of 
information. 

The  j)aper  No.  10  contains  divers  particulars  relative  to  the 
negotiation,  which  your  Secretary  also  thinks  had  better  not  be 
puJjlished. 

The  paper  No.  1 1  contains  Mr.  Barclay's  commission  to  Don 
Francisco  Chiappi,  at  INIorocco,  constituting  him  the  American  agent 
at  that  place  until  the  will  and  pleasure  of  Congress  shall  be  known. 
It  also  contains  the  names  of  other  agents,  to  whom  he  gave  yimilar 
conmiissions  for  Mogadore  and  Tangier. 

Your  Secretary  thinks  these  commissions  should  be  confirmed,  and 
therefore  that  it  should  be 

"Resolved,  That  Congress  aj)prove  of  the  appoinlmcnt  made  in 
'their  h(.'!ialf  by  Thomas  Barclay,  Esq..  ^\illl  the  approbation  of  his 

*  Imperial  Majesty  of  Morocco,  of  Don  Fiancisco  Chiaj)})i  lo  b(; 
'  their  agent  at  Morocco  ;  of  Don  Joseph  Ciiiappi  to  be  their  agent  at 

*  Mogadore  ;  and  of  Don  Girolamo  Chiappi  to  be  their  agent  at  Tan- 
'  gier ;  and  that  they  respectively  hold  the  said  places  during  the 
'  pleasure  of  Congress." 


DIPLOMATIC  CORRESPONDENCE.  73 1 

In  the  opinion  of  your  Secretary,  it  will  be  expedient  to  transmit 
the  letter  for  his  Imperial  Majesty  to  Mr.  Jefferson,  to  be  by  him 
forwarded  to  Don  Francisco  Chiappi  at  Morocco,  with  instructions 
to  present  it  to  the  Emperor. 

Your  Secretary  prefers  sending  it  by  way  of  France,  because  he 
thinks  it  might  thence  be  conveyed  with  the  Minister's  despatches  to 
their  Consul  with  more  care  and  safety  than  it  could  be  sent  with 
from  London ;  and  he  thinks  it  most  proper  that  it  should  pass  through 
the  hands  of  one  of  the  Ministers,  under  whose  direction  the  nego- 
tiation with  the  Emperor  had  been  placed. 

In  his  opinion  it  would  also  be  proper  to  instruct  their  Ministers  to 
maintain  a  regular  correspondence  with  the  said  agents,  in  order  that 
they  and  Congress  may  be  seasonably  informed  of  every  event  and 
occurrence  at  the  Court  of  JMorocco  that  may  affect  the  interest  of 
the  United  States. 

It  appears  from  the  paper  No.  10,  that  Tahar  Fennish  was  a 
friendly  and  an  important  man  in  the  conduct  of  the  negotiation ; 
and  that  the  Emperor's  consent  to  a  material  article  in  the  treaty 
was  owing  to  a  friendly  observation  made  by  his  preacher. 

In  the  opinion  of  your  Secretary,  it  is  not  only  right  in  itself,  but 
the  most  certain  way  to  confirm  and  increase  friends,  to  acknowledge 
and  reward  acts  of  friendship.  He  therefore  thinks  it  might  be  well 
for  him  to  write  a  letter  to  Tahar  Fennish,  letting  him  know  that 
Congress  have  been  informed  of  his  attentions  to  the  Envoy,  and 
that  they  are  exceedingly  pleased  with  the  probity,  candor,  and 
liberality  which  distinguished  his  conduct  on  that  occasion.  It  might 
not,  perhaps,  be  proper  to  advert  too  pointedly  to  his  friendship  for 
the  United  States,  lest,  in  case  accidents  should  happen  to  the  letter, 
it  might  afford  a  handle  against  him  to  his  enemies  at  that  Court,  for 
all  influential  men  have  enemies.  A  compliment  might  also  be  paid 
in  the  same  letter  to  the  liberality  and  benevolence  of  the  Emperor's 
preacher.  Your  Secretary  regrets  that  the  finances  of  the  United 
States  will  not  admit  of  their  making  a  present  to  Mr.  Fennish, 
especially  as  he  well  deserves  it,  and  as  he  resides  at  a  Court  where 
sine  donis,  friget  amicitia.  But  although  a  present  to  him  might  not 
be  a  great  object,  yet  the  precedent  would  excite  expectations  in 
others,  and  in  that  way  open  a  door  to  inconvenient  expenses. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 


732  JOHN  ADAMS-JOHN  JAY. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  January  27,  1787. 
Sir, 

I,  last  night,  received  from  Lord  Cacrmarthen  a  note  of  yesterday, 
a  copy  of  which  is  enclosed,  with  a  memorial  to  the  Lords  of  the 
Treasury,  a  copy  of  which  is  enclosed,  relative  to  sixteen  Chinese 
seamen. 

There  is  a  practice  beginning  to  be  talked  of,  if  not  practised,  for 
British  merchants  to  procure  some  American  merchant  to  metamor- 
phose a  British  into  an  American  bottom,  to  trade  to  the  East  Indies. 
This  practice  appears  to  me  to  be  infamous  and  despicable,  and  to 
merit  the  immediate  consideration  of  Congress.  Of  the  particular 
case  I  know  nothing,  but  Congress  can  have  full  information. 

I  am,  dear  sir,  Stc,  JOHN  ADAMS. 


FROM  LORD  CAERMARTHEN  TO  JOHN  ADAMS. 

Whitehall,  January  26,  1787. 

Lord  Caermarthen  presents  his  compliments  to  Mr.  Adams,  and 
has  the  honor  to  send  him  the  enclosed  memorial  addressed  to  the 
Lords  of  the  Treasury,  and  which  he  has  received  from  their  Lordships, 
as  the  contents  of  it  appeared  to  them  proper  to  be  referred  to  the 
consideration  of  the  Minister  Plenipotentiary  from  the  United  States 
of  America.  Lord  Cacrmarthen  is  persuaded  that  Mr.  Adams  will 
take  such  steps  for  the  relief  of  the  Chinese  seamen,  who  have  been 
brought  to  Europe  in  an  American  vessel,  as  he  shall  judge  neces- 
sary, in  order  to  convey  them  back  to  their  native  country. 


petition  of    JOHN  HALES,    RELATIVE  TO    THE    EAST    INDIA    SEAMEN. 

January  31,  1787. 

To  the  Right  llonorai)le  the  Lords  Commissioners  of  his  Majesty's 

Treasury. 
Tli'»  humble  petition  of  .John  Hales,  of  the  hamlet  of  Mile-End  Old 

Town,  in   the   parish  of  St.    Dunstan,  Stepney,    victualler,   most 

respectfully  showetli  : 

That  the  house  of  your  petitioner,  and  lii'^  predecessor,  Lysol 
Coleman,  situat*;  as  afonjsaid,  hath  for  many  years  been  accustomed 
to  receive  and  provide  for  such  East  India  seamen  as  the  honorable 


DIPLOMATIC  CORRESPONDENCE.  733 

East  India  Company  of  England's  ships  have  brought  to  England, 
until  the  season  has  arrived  for  their  return. 

That,  about  thirteen  weeks  since,  he  received  eleven  Chinese 
seamen  and  four  Lascars  from  the  owners  of  the  Lord  McCartney, 
(these  lately  arrived  from  China,)  with  orders  to  provide  for  them 
until  the  ships  going  to  India  were  ready  to  receive  them. 

That,  on  the  29th,  30th,  and  31st  of  December  last,  sixteen 
Chinese  seamen  came  to  their  countrymen  at  his  said  house,  all  of 
whom  paid  a  week's  board  beforehand. 

That  the  said  sixteen  men  informed  your  memorialist  they  came 
from  India  in  the  Hyder,  or  Hydrea,  Captain  Clarke,  belonging  to 
the  United  States  of  America,  to  Ostend,  who  discharged  them 
there ;  which  caused  them  to  take  passage  to  London,  in  hopes  of 
obtaining  a  passage  to  their  own  country. 

That  their  money  being  all  expended,  and  not  having  any  lawful 
means  of  obtaining  any  for  their  necessary  support,  and  of  returning 
to  their  native  country,  your  memorialist  has  applied  on  their  behalf 
to  the  honorable  East  India  Company,  who  will  not  have  any  thing 
to  do  with  them ;  as  also  to  Mr.  Adams,  the  American  Ambassador, 
who  likewise  refuses  to  do  any  thing  for  them. 

That,  in  consequence  of  such  refusals,  your  memorialist  applied 
to  the  right  honorable  the  Lord  Mayor  on  behalf  of  the  said  sixteen 
men,  who  referred  him  to  the  overseers  of  the  poor  of  the- said  hamlet  of 
Mile-End  Old  Town,  who  likewise  refuse  to  provide  for  them ;  and  as 
the  men  are  not  very  orderly  and  regular,  your  memorialist  submits  to 
your  Lordships  the  very  great  nuisance  and  injury  the  public  would 
sustain  from  their  being  turned  loose  upon  them,  and  into  the  street. 

Your  memorialist,  therefore,  humbly  prays  your  Lordships  will 
be  pleased  to  take  the  hardness  of  their  case  into  your  Lordships' 
consideration,  and  grant  such  orders  for  the  relief  of  the  said  sixteen 
Chinese  seamen  as  your  Lordships'  wisdom  shall  seem  meet  and  be 
judged  expedient ;  and  your  memorialist,  as  in  duty  bound,  will  ever 
pray,  &6C.,  &£c.,  &£c. 

JOHN  HALES. 


REPORT  OF  SECRETARY  JAY  ON  PRECEDING  LETTERS. 

Office  for  Foreign  Affairs,  July  31,  1787. 
The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  of  27th  January  last,  from  the 
honorable  Mr.  Adams,  with  the  papers  referred  to  in  it,  reports : 


734  JOHN  ADAMS- JOHN  JAY. 

That  this  letter  calls  the  attention  of  Congress  to  two  objects: 
the  first  of  which  is  the  case  of  sixteen  Chinese  seamen,  who  were 
then  in  London  in  a  distressed  condition,  and  who  said  they  had 
come  from  India  in  the  Hyder,  or  Hydrea,  Captain  Clarke,  belonging 
to  the  United  States,  to  Ostend,  where  he  discharged  them ;  the 
second  is,  "  a  practice  then  beginning  to  be  talked  of,  if  not 
'practised,  for  British  merchants  to  metamorphose  a  British  into  an 
'American  bottom,  to  trade  to  the  East  Lidies." 

Whether  it  be  right  or  wrong  for  an  American  vessel  to  discharge 
foreign  seamen  at  this  or  that  port,  must  at  present  depend  on  the 
agreement  made  with  them  when  shipped;  so  that,  without  a 
knowledge  of  the  agreement  in  the  present  case,  the  propriety  of 
discharging  these  Chinese  seamen  at  Ostend  cannot  be  decided, 
especially  as  no  complaint  appears  to  have  been  made  by  them  of 
their  having  been  irregularly  discharged.  In  the  opinion  of  your 
Secretary,  Congress  cannot  take  any  particular  notice  of  this  case. 

As  to  the  fraudulent  practice  mentioned  in  the  second  case,  it 
seems  doubtful  whether  it  does  really  exist,  or  whether  it  is  only 
talked  of;  and,  therefore,  in  his  opinion,  the  particular  attention  of 
Congress  is  not  due  to  it.  It  is,  however,  most  certain,  that  the 
trade  of  the  United  States  to  Asia,  as  well  as  to  other  parts  of  the 
world,  should  be  subject  to  certain  general  regulations ;  but,  at 
present.  Congress  cannot  ordain  such  regulations  and  cause  them  to 
be  observed;  nor,  while  lawful  requisitions  remain  neglected,  is 
there  much  reason  to  expect  that  recommendation  would  prove  useful 
or  proper. 

They  who  trade  to  distant  nations  may  often  find  it  convenient  to 
employ  seamen  of  the  countrj^  who  should  be  encouraged  to  ship 
themselves  by  settled  and  proper  regulations  to  facilitate  their  speedy 
and  easy  return  to  their  own  country;  but  as  it  is  not  in  the  power 
of  Congress  to  take  effectual  measures  for  these  and  similar  purposes, 
he  thinks  it  best  that  they  should  not  take  any. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 

o 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Louden,  F.hrimry  3,  1787. 
Sir, 

I  wrott!  a  few  days  since  by  Colonel  Franks,  who  embarks  in  the 

Fn^nch    packet   from  Havre   do  Grace  with   the  Morocco   treaty. 


DIPLOMATIC  CORRESPONDENCE.  735 

There  is  no  further  intelligence  of  the  Portugal  business,  nor  any- 
better  prospect  or  more  agreeable  disposition  in  this  country, 
whatever  artifices  may  be  employed  in  America  to  keep  up  delusive 
hopes. 

Parliament  opened  with  an  uncommon  gloom,  and  has  been  sitting 
in  a  mournful  silence.  Nobody  dares  oppose  the  French  treaty,  yet 
nobody  seems  to  have  any  confidence  in  it.  It  seems  truly  a  forced 
plant — something  to  appease  France  and  amuse  the  people.  The 
revenue  is  found  to  be  greatly  deficient.  A  new  loan  and  fresh 
taxes  are  expected.     A  dead  taciturnity  prevails  about  America. 

The  gazettes  are  employed,  and  every  coffee-house  and  bookseller's 
shop  filled  with  talkers,  to  keep  up  the  spirits  of  the  people  at  any 
expense  of  truth.  The  holding  of  our  frontier  posts  is  found  to  cost 
Government  more  money  annually  than  the  whole  trade  is  worth — 
nay,  than  the  whole  capital  employed  in  it. 

INIr.  Pitt's  plan  for  the  session  is  not  yet  developed.  They  are 
skirmishing  about  Hastings  and  Rodney,  who,  I  suppose,  have 
nearly  all  the  scribblers  enlisted  for  or  against  them ;  yet  Hastings 
must  be  acquitted,  and  I  suppose  Rodney  remunerated,  right  or 
wrong.     Such  is  the  state  of  this  nation. 

Enclosed  is  a  copy  of  the  convention  between  France  and 
England,  which  was  sent  me  yesterday  by  Lord  Caermarthen,  and 
a  letter  from  Mr.  Hales  relative  to  the  East  India  ship,  which  it  is 
supposed  was  made  an  American  bottom,  a  practice  which  Congress 
will,  no  doubt,  judge  proper  to  discountenance. 

As  the  politics  of  Parliament  shall  open  to  view,  I  shall  do  myself 
the  honor  to  transmit  you  still  further  accounts  of  them. 

By  Colonel  Franks  I  had  the  honor  to  convey  to  Congress  my 
mtention  to  return  home  at  the  expiration  of  my  commission  to  this 
Court.  A  duplicate  will  go  by  this  opportunity.  A  life  so  useless 
to  the  public,  and  so  insipid  to  myself  as  mine  is  in  Europe,  has 
become  a  burden  to  me  as  well  as  to  ray  countrymen.  By  the  first 
packet  or  convenient  merchant  ship  in  the  spring  of  1788,  I  shall 
embark  with  my  family,  if  my  life  and  health  enough  to  make  the 
voyage  remain  to  me,  unless  Congress  should  see  fit  to  recall  me 
sooner,  which  would  be  much  more  agreeable.  It  will  be  necessary 
that  arrangements  should  be  made  as  early  as  possible,  and  the 
pleasure  of  Congress  signified  whether  the  Secretary  of  Legation  is 
to  return  with  me,  or  remain  longer  here. 

With  great  respect  and  esteem,  Stc,  JOHN  ADAMS. 


736  JOHN  ADAMS-JOHN  JAY. 

FROM    JOHN    HALES    TO    JOHN    ADAMS. 

February  2,  1787. 

Sir, 
In  obedience  to  your  Excellency,  I  have  made  further  inquiry 
respecting  the  American  East  India  ship  Hydrea,  and  have  learned 
from  Mr.  Robinson,  agent  in  Gould  Square,  Crutched  Friars,  that 
the  owner  lives  upon  Rhode  Island,  in  North  America.  His  name 
is  Charles  Champlin.  It  also  appears,  by  the  books  at  the  Exchange 
Insurance  Office,  that  in  March,  1786,  Mr.  James  Wilkinson,  of 
Abchurch  Lane,  London,  underwrit  the  said  ship  from  Calcutta  to 
Rhode  Island. 

JOHN  HALES. 


FROM   JOHN    ADAMS    TO    JOHN    JAY. 

Grosvenor  Square,  February  24,  1787. 
Sir, 

I  do  myself  the  honor  to  transmit  to  Congress  a  letter  from  Mr. 
Harrison,  with  an  account  of  disbursements  for  Captain  Erwin  and 
his  associates,  on  their  return  to  Cadiz  from  their  captivity  in  Mo- 
rocco. Situated  as  Mr.  Harrison  was,  he  had  every  motive  of 
humanity  and  love  of  his  countrymen  to  relieve  their  necessities ; 
and  it  would  be  too  severe,  if  not  unjust,  to  leave  the  burden  upon 
him.  He  is  a  gentleman  of  much  merit,  and  I  beg  leave  to  recom- 
mend iiim  and  his  claim  to  Congress. 

Willi  great  respect,  he,  JOHN  ADAMS. 


KIIOM    R.    HARRISON   TO   JOHN    ADAMS. 

London,  February  2],  1787. 

Sir, 
I  take  the  liberty  of  herewith  presenting  to  your  Excellency  a 
slate  of  a  claim  I  have  against  the  United  States  for  iC72  \2s.  8d. 
.sterling.  It  arises  from  advances  made  by  me  in  Spain,  for  the 
sup[)ort  of  Captain  James  Erwin  and  his  crew,  who  were  captured 
in  the  American  i)rigantine  H(;tscy,  in  the  month  of  October,  1784, 
by  a  liarbary  corsair,  and  earned  to  Morocco,  being,  after  a  captivity 


DIPLOMATIC  CORRESPONDENCE  737 

of  about  nine  months  in  that  country,  at  length  liberated  by  the 
mediation  of  the  Spanish  Ambassador,  and  by  him  delivered  to  me 
as  the  only  American  character  at  Cadiz.  Your  Excellency,  I 
humbly  trust,  will  readily  grant  that  I  could  not,  consistently  with 
the  dignity  and  honor  of  the  Republic,  or  with  the  feelings  of  a  good 
citizen,  refuse  either  to  take  charge  of  these  unfortunate  subjects,  or 
to  pay  the  expenses  unavoidably  incurred  by  so  doing.  If,  therefore, 
it  is  a  matter  which  comes  in  any  degree  within  your  Excellency's 
department,  I  hope  you  will  be  pleased  to  order  my  reimbursement 
here,  which,  though,  strictly  speaking,  nothing  more  than  an  act 
of  justice,  I  shall  be  ready  to  acknowledge,  at  the  same  time,  as  a 
favor. 

I  have  the  honor  to  be,  he,  R.  HARRISON. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  May  12,  1787. 

Dear  Sir, 

I  had  the  pleasure  of  writing  you  a  few  lines  on  the  2d  of  last 
month  ;  since  which  I  have  received  and  communicated  to  Congress 
your  letters  of  9th,  24th,  and  27th  January,  and  3d  and  24th 
February  last. 

My  health  still  continues  much  deranged,  and  I  purpose,  in  a  few 
days,  to  make  an  excursion  into  the  country  for  about  a  fortnight. 

A  motion  has  lately  been  made  in  Congress  to  remove  to  Phila- 
delphia, and  the  party  who  support  it  persevere  in  pushing  it  from 
day  to  day ;  they  are  not  joined  by  a  single  member  from  either  of 
the  Eastern  States,  and  yet  there  is  reason  to  apprehend  that  they 
will  carry  their  point.  No  other  motive  for  this  strange  measure  is 
publicly  assigned  by  them  except  that  Philadelphia  is  more  central 
than  New  York.  Several  important  affairs,  which  ought  to  have 
been  despatched,  have  given  place  to  this  unfortunate  contest,  so  that 
I  can,  by  this  conveyance,  send  you  little  of  importance. 

Accept  my  thanks  for  the  book  you  were  so  kind  as  to  send  me. 

I  have  read  it  with  pleasure  and  profit.    I  do  not,  however,  altogether 

concur  with  you  in  sentiments  respecting  the  efficiency  of  our  great 

council  for  national  purposes,  whatever  powers,  more  or  less,  may  be 

Vol.  II.— 47 


738  JOHN  ADAMS-JOHN  JAY. 

given  them.     In   my  opinion,  a  council,  so  constituted,  will  forever 
prove  inadequate  to  the  object  of  its  institution. 

With  great  and  sincere  esteem,  &:c.,  JOHN  JAY. 

P.  S.  A  new  edition  of  your  book  is  printing  in  this  city,  and  will 
be  published  next  week.  You  will  herewith  receive  the  late  news- 
papers. 

FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  May  14,  1787. 
Dear  Sir, 

You  will  receive,  herewith  enclosed,  a  copy  of  a  letter  to  me  from 
the  Honorable  D.  Huger,  Esq.,  a  member  of  Congress,  dated  the  2d 
April  last,  together  with  the  papers  that  were  delivered  to  me  by  the 
Mr.  INIasters  mentioned  in  it.  As  that  gentleman  is  seeking  redress 
in  the  course  of  judicial  proceedings,  the  object  of  his  application  to 
me  doubtless  is  that  I  may  so  far  recommend  his  case  to  your  atten- 
tion and  patronage  as  that  he  may  derive  from  your  public  character 
that  aid  and  protection  which  circumstances  may  render  necessary 
and  proper.  This  I  do  with  pleasure,  being  well  persuaded  that 
occasions  of  being  useful  to  our  country  or  to  any  of  its  deserving 
citizens,  will  always  be  agreeable  to  you. 

With  great  and  sincere  esteem,  k,c.,  JOHN  JAY. 


FROM    JOHN    ADA5IS    TO    JOHN    JAY. 

Grosvcnor  Square,  April  10,  1787. 

Dear  Sir, 

The  public  councils  of  this  country,  as  far  as  they  regard  America, 
remain  so  exactly  the  same  as  to  afford  nothing  new  to  communicate 
to  Congress.  The  members  of  Parliament  have  been  so  long  irritated 
and  tonnented  on  that  subject,  that  they  detest  to  hear  the  name  of 
America  mentioned ;  and  the  political  system  and  national  humor 
seems  to  be  neither  to  speak  nor  think  of  it.  A  seemingly  total 
inattention  and  silence  prevail,  and  will  prevail  for  some  time. 

Secret  schemes,  howev^er,  in  abundance  are  concerted  to  ])lunder 
us  in  any  way  they  ran  think  of,  besides  tlit;  regular  course  of  their 
commerce  with  us,  which  one  would  think  rapacious  enough. 


DIPLOMATIC  CORRESPONDENCE.  739 

An  honest  tradesman,  whose  name  is  Carpenter,  an  ingenious 
engraver,  lately  came  to  me  from  the  remotest  part  of  the  city,  to 
give  me  infomiation  that  an  unknown  Scot  had  applied  to  him  to 
engrave  a  plate  for  striking  the  paper  bills  of  North  and  South 
Carolina.  He  laid  a  plan  to  get  a  witness  to  a  future  interview ;  but 
the  Scot  conceived  a  suspicion,  and  would  not  lay  open  his  design. 
Colonel  Smith,  who  attended  for  the  purpose,  desired  the  engraver 
to  publish  the  fact  in  the  newspaper,  that  the  merchants  here  may  be 
upon  their  guard.  Carpenter  went  round  to  all  the  engravers  in 
town,  and  found  another  to  whom  the  same  person  had  applied. 
Congress,  or  the  delegates  from  North  Carolina,  will  put  that  State 
upon  their  guard ;  for  it  is  not  at  all  improbable  the  design  will 
be  pursued  by  means  of  some  other  engraver  of  less  honor  than 
Carpenter. 

There  is  a  vast  sum  in  circulation  here  of  base  copper,  to  the 
amount  of  several  hundreds  of  thousands  of  pounds.  Very  lately 
these  half-pence  are  refused  every  where — I  suppose  in  consequence 
of  some  concerted  scheme.  And  it  is  supposed  that  they  will  be  all 
purchased  for  a  trifle,  and  sent  to  the  United  States,  where  they  will 
pass  for  good  metal,  and,  consequently,  our  simple  countrymen  be 
cheated  of  an  immense  sum.  The  Board  of  Treasury  may  be 
ordered,  without  the  avowed  interposition  of  Congress,  to  give  the 
alarm  to  our  citizens;  and  the  separate  States  would  do  well  to 
prohibit  this  false  money  from  being  paid  or  received. 

Colonel  Smith  will  set  off  for  Portugal  in  a  few  days,  and  at 
Versailles,  Madrid,  or  Lisbon,  will  have  an  opportunity  of  learning 
more  of  the  present  politics  of  Europe  that  can  be  known  here.  A 
profound  calm  prevails  through  Europe  at  present,  though  the  bulletin 
from  Paris  speaks  of  movements  of  the  Empress  against  the  Turks. 
Her  own  journey,  however,  is  a  strong  proof  that  hostilities  are  not 
soon  intended. 

With  great  respect  to  Congress,  and  much  affection  for  their 
Secretary,  I  have  the  honor  to  be,  Stc, 

JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  April  19,  1787. 
Dear  Sir, 

I  do  myself  the  honor  to  enclose  the  new  act  of  Parliament  for 

regulating  the  trade  between  the  territories  of  the  United  States  of 


740  JOHN  ADAMS— JOHN  JAY. 

America  and  the  dominions  of  the  King  of  Great  Britain,  by  which 
Congress  will  see  that  the  same  system  continues  and  is  fortified  with 
fresh  provisions.  Provisions  and  lumber,  the  growth  or  production 
of  the  United  States,  are  now  prohibited  from  any  foreign  island. 
The  West  India  planters  and  merchants  complain  to  no  purpose. 

The  Canada  merchants  give  out  that  there  is  some  negotiation  on 
foot  between  Lord  Dorchester  and  Vermont,  the  object  of  which  is 
to  give  vent  to  the  productions  of  that  terntory,  through  Canada  and 
the  river  St.  Lawrence,  that  the  West  Indies  may  derive  some 
assistance  from  that  source. 

Enclosed  is  another  very  curious  bill  that  was  moved  in  the  House 
of  Lords  by  one  Chancellor,  and  seconded  by  another,  (Thurlow  and 
Bathurst ;)  but  the  Lords  had  honor  enough  to  reject  it.  The  project 
is  said  to  have  originated  in  General  Arnold.  The  whole  transaction 
shows  the  spirit  of  the  present  INIinistry.  The  chance  of  passing 
such  a  bill  would  have  been  greater  in  the  House  of  Commons, 
where  the  Ministers  have  a  clearer  majority.  Some  persons  are  of 
opinion  that  the  present  set  cannot  hold  the  reins  much  longer ;  but 
if  they  are  not  mistaken,  there  is  little  chance  of  a  change  for  the 
better.  What  effect  the  changes  in  France  may  have  cannot  be 
foreseen ;  but  they  cannot  but  be  favorable  to  America. 

With  great  regard,  he,  JOHN  ADAMS. 

o 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  London,  April  30,  1787. 
Sir, 

Upon  the  receipt  of  the  first  of  the  enclosed  letters  from  Doctor 
Wren  and  Mr.  Mowbray  by  express,  I  made  application  to  Govern- 
ment. L(jrd  Sidney  was  absent,  and  Lord  Cacrmarthen  sick ;  but 
Mr.  Frazier,  the  under  Secretary  of  State,  took  up  the  subject  with 
integrity  and  politeness.  He  discovered  a  real  desire  to  do  every 
tiling  that  the  laws  would  permit ;  to  crush,  in  the  beginning,  this 
villanous  attempt  to  counterfeit  American  paper  currencies.  Ho 
told  me  that  a  parallel  complaint  had  been  lately  made  by  the 
Danish  Ambassador  of  an  attempt  to  counterfeit  the  bank  notes  of 
Denmark  ;  and  that  upon  consulting  their  most  experienced  magis- 
trates and  law  oflicers,  they  were  all  of  o])inion  that,  until  the 
counterfeit  was  completed,  and  the  nan)es  signed,  it  could  not  be  a 
capital  crime,  though  an  attempt  might  be  a  misdemeanor.  He 
advised  me  to  advice  with  Sir  Sampson  Wright,  the  most  consid- 


DIPLOMATIC  CORRESPONDENCE.  74 1 

erable  magistrate  in  Westminster.  Sir  Sampson  engaged  in  the 
business  with  particular  attention,  and  agreed  to  write  to  Sir  John 
Carver,  at  Portsmouth.  Upon  the  whole,  it  seemed  to  be  necessary 
that  some  one  should  go  to  Portsmouth,  and  as  Colonel  Smith  set 
out  on  the  24th  of  this  month  for  Lisbon,  I  asked  IMr.  Cutting  to 
accompany  me  to  Portsmouth.  We  had  the  man  brought  out  of 
prison  to  our  lodgings.  His  name,  he  says,  is  Robert  Muir,  born  in 
Scotland,  but  lately  arrived  from  North  Carolina.  He  is  an  artful, 
shrewd  fellow,  but  with  a  mean,  hungry,  desperate  appearance, 
suitable  to  any  kind  of  atrocious  villany. 

We  wished  to  discover  his  accomplices,  but  he  would  not  answer. 
The  grand  jury  found  a  bill ;  and,  at  my  desire,  the  man  is  continued 
in  prison  until  next  term  in  July.  His  types  and  stamps  and 
implements  are  all  secured.  In  July,  however,  he  will  be  set  at 
liberty,  for  the  crime  could  not  be  complete  without  the  signature, 
if  it  could  without  passing  the  bill. 

It  is  with  a  very  high  pleasure  that  I  am  able  to  say  that  the 
Government  and  the  magistrates,  both  here  and  at  Portsmouth,  have, 
upon  this  occasion,  conducted  with  perfect  propriety  and  politeness. 
The  crime  is  said  to  be  an  offence  against  the  law  of  nations,  against 
commerce,  against  private  and  public  property,  against  the  whole 
world,  &ic.:  and  all  this  is  true ;  but  still  the  laws  are  so  very  vague 
in  this  case,  and  as  every  punishment  short  of  death,  in  such  a  crime, 
in  this  country,  would  be  treated  with  ridicule,  it  may  be  most  pru- 
dent to  dismiss  the  fellow  in  July,  destroying,  or  at  least  detaining, 
his  implements. 

Congress  will  determine  what  measures  should  be  taken  to  adver- 
tise the  people  of  America,  that  they  may  be  upon  their  guard.  I 
suppose  this  is  the  same  Scot  who,  a  few  weeks  ago,  applied  to  Mr. 
Carpenter,  an  engraver  in  London,  to  engrave  a  plate  for  him,  of 
which  Carpenter  had  the  honesty  to  inform  me,  as  you  have  been 
told  in  a  former  letter. 

With  great  regard,  he,  JOHN  ADAMS. 


FROM    DR.    THOMAS    WREN   TO    JOHN    ADAMS. 

Portsmouth,  April  22,  1787. 
Sir, 

I  had  the  honor  of  receiving  your  favor  this  morning,  and  have 

now  to  add  to  the  former  intelligence,  that  the  man  who  had  solicited 


742  JOHN  ADAMS— JOHN  JAY. 

Mowbray  to  assist  in  a  forgery  is  in  custody  in  our  town  jail.  He 
went  to  ^lowbray  repeatedly  on  Saturday  evening,  and  was  so 
urgent  to  have  some  notes  worked  off,  that  he  proposed  their  working 
all  night,  for  he  fixed  on  going  to  assist  INIowbray,  saying  that  lie 
had  some  little  knowledge  of  the  business,  (though  he  appeared  in 
the  habit  of  a  seaman,)  and  added,  that  they  must  take  a  thousand 
copies  of  such  Carolina  notes  before  morning ;  and,  indeed,  he 
always  spoke  of  the  number  of  notes  wanted  in  this  large  way.  Sir 
John  Carter,  the  brother  of  Mr.  William  Carter,  being  come  home 
from  a  journey,  had  him  apprehended  and  examined  ;  and  this  matter 
will  now  be  transacted  before  Sir  John,  (as  far  as  it  can  be  trans- 
acted,) as  he  is  the  Mayor  of  the  town.  The  man  says  his  name 
is  ]Moor,  or  rather,  I  think,  Mure,  and  that  during  the  last  war  he 
sailed  out  and  in,  as  belonging  to  an  American  port.  He  was  short 
and  shy  in  his  answers,  but  pleaded  his  cause  before  Sir  John  with 
a  language  and  sagacity  much  beyond  his  appearance,  saying  "  that 
'  he  could  not  see  what  the  magistracy  of  this  country  had  to  do 
'with  his  proceedings,  as  it  affected  only  the  country  beyond  the 
'  Atlantic."  He  offered  to  deliver  up  all  his  papers,  types,  and 
implements,  provided  they  would  burn  and  destroy  them  before  him, 
and  set  him  at  liberty.  This  was  not  granted  him,  and  his  papers 
that  were  found  about  him  are  all  in  the  possession  of  Sir  John  or 
ISlowbray,  and  will  remain,  sir,  for  your  directions.  He  says  that  he 
has  for  these  few  days  lodged  at  Mrs.  Dart's,  on  Portsmouth  Com- 
mon, which  is  a  suburb  to  this  garrison,  so  large  that  Mrs.  Dart  is 
not  yet  discovered,  though  it  is  probable  she  may  be.  If  any  more 
papers  are  found  at  his  lodgings,  they  will  be  kept  with  the  others. 
This  man  has  not  been  rambling  about  the  country  to  meet  with  a 
printer  whose  appearance  he  should  like,  but  he  came  down  from 
London,  and  went  directly  to  Mowbray,  a  man  of  considerable  abili- 
ties in  his  trade,  and  of  narrow  circumstances.  And  wlu  ii  a  small 
piece  of  htjrdcr-block  is  wanting,  he  engages  to  have  it  down  from 
London  in  iwo  days,  which  is  as  soon  as  any  person  could  have  it, 
and  proves  that  it  was  in  London  ready  cut.  It  is  evident  to  mo 
that  he  has  s(!veral  associates  in  Jjondon,  and  that  he  is  aiming  to  be 
a  large  dealer;  both  which  circumstances  should,  I  think,  excite  the 
attention  and  inquiries  of  our  Government.  From  tin'  number  and 
variety  of  the  notes  of  the  United  States  which  he  had  in  his  posses- 
sion; and  the  large  edition  which  he  nusant  to  print,  1  think  it  is 
probable  that  he  has  been  employed  in  America  in  some  branch  of 


DIPLOMATIC  CORRESPONDENCE.  743 

that  department,  in  which  he  now  manifests  but  too  much  skill.  He 
is  not  a  sailor  by  profession.  Care  is  taken  that  he  does  not  want 
good  sufficiency  of  provisions ;  but  he  is  not  allowed  pen,  ink,  and 
paper,  nor  any  visitor  whatever  except  the  head  jailer.  W.  Mow- 
bray was  to  have  sent  me  up  an  account  of  the  papers  and  things 
left  with  him,  or  found  on  the  man ;  but  if  it  does  not  come  soon, 
I  must  omit  sending  it  till  next  post. 

1  am,  sir,  he,  THOMAS  WREN. 

P.  S.  Mr.  Mowbray  has  sent  his  paper,  but  it  is  rather  badly 
drawn  out.  Moor,  Mure,  or  INIuir,  is  a  tall,  thin  man,  five  feet  nine 
inches  high,  with  dark-brown  hair,  tied  behind — native  of  Scotland. 
He  came  from  Charleston,  South  Carolina,  in  January  last,  in  the 
ship  John,  Samuel  Purchase,  master,  and  arrived  in  London  in 
March  ;  says  he  was  cook  of  the  vessel ;  but  this  is  doubted. 

Ten  different  wood-cuts,  which  together  form  the  borders  of  two 
notes  of  North  Carolina  currency,  one  of  one  pound,  the  other  of 
five  shillings.  A  quantity  of  metal  flowers,  cast  by  Mr.  William 
Caslon,  letter  founder,  Chiswell  street,  London,  which  will  make  the 
same  impression  as  on  the  reverse  sides  of  the  above,  and  other 
notes  which  he  wanted  to  have  counterfeited. 

The  following  is  a  copy  of  Mr.  Caslon's  bill,  found  on  the  person  : 

London,  April  12,  1787. 

Mr. 

Bought  of  William  Caslon, 

s.    d. 

2  lbs.  8  oz.  of  great  primer  flowers  at  \s.  per  lb 2     2 

3  "  13  "        small  pica,  at  Is.  6(Z.  per  lb 4     5J 

2  "   15  "        long  primer,  at  Is.  Gd.  per  lb 4     5 

9  "        brevier,  at  2s.  Q>d.  per  lb 1     5 

Received  for  William  Caslon, 

E.  WHITE. 

Part  of  the  long  primer  flowers  having  been  much  used,  supposed 
to  be  taken  from  some  printing  office.  A  card  on  which  are  fixed 
specimens  cut  from  the  originals  of  the  ornaments  required  to  go 
round  the  reverse  sides  of  the  notes. 

An  original  five  shilling  (suppose)  note  North  Carolina  currency, 
the  subscriber's  name  to  it  obliterated. 


744  JOHN  ADAMS-JOHN  JAY. 

Another  note,  No.  17459,  signed  J.  Hunt,  B.  ]\IcCullock. 

A  sixpenny  note,  signed  J.  Hunt,  No.  1356. 

A  five  shilling  Charleston  note.  No.  3004,  subscriber's  name  cut 
out. 

A  two  shilling  note,  No.  11849,  signed  J.  Hunt  and  B.  McCul- 
lock. 

A  twenty  shilling  note. 

They  appear  to  be  all  printed  by  Thomas  Davis,  of  Halifax. 


FROM   WALTER   MOWBRAY   TO    JOHN    ADAMS. 

Sir, 

As  the  intelligence  I  am  to  communicate  is,  in  my  opinion,  of  the 
highest  consequence  to  the  mercantile  interest  of  America,  I  presume 
any  apology  for  the  freedom  I  take  in  writing  to  your  Excellency  is 
unnecessary. 

The  discovery  I  am  to  make  is  an  intended  forgery  of  the  paper 
currency  of  America,  so  ingeniously  executed  as  to  elude  discovery. 
One  of  the  persons  concerned  in  this  nefarious  business  has  applied 
to  me  to  print  off  a  considerable  number  of  notes  of  different 
provinces  ;  I  gave  him  such  an  answer  as  inclined  him  to  believe 
I  would  comply  with  his  request,  that  I  might  have  it  in  my  power 
to  destroy,  in  embryo,  a  scheme  artfully  calculated  to  invade  private 
property,  and  materially  injure  the  credit  of 'a  commercial  nation. 
He  went  away  satisfied,  and  returned  in  a  few  hours  with  a  wood-cut 
of  one  of  the  notes,  an  exact  copy  of  the  original,  and  metal  borders 
precisely  the  same  as  those  on  the  reverse  side.  Ho  had  sundry 
other  notes  with  metal  ornaments,  which  he  also  wanted  impressions 
of.  He  is  meanly  dressed  as  a  sailor,  and  apparently  ignorant;  but 
his  habits  and  conversation  have  the  appearance  of  disguise. 

There  is  no  doubt  but  that  he  has  accomplices  in  London ;  for, 
on  discovering  a  deficiency  of  two  articles  in  the  border  for  a  note 
of  which  he  wanted  one  thousand  copies,  he  informed  me  he  would 
send  to  town  for  them.  The  wood-cuts  and  metal  borders  are  so 
nicely  imitated  as  to  render  a  discovery  of  the  forgery  extremely 
diffifuli. 

1  am,  &:c.,  WALTER  MOWBRAY. 


DIPLOMATIC  CORRESPONDENCE.  745 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  May  1,  1787. 

Dear  Sir, 

With  this  is  enclosed  an  elegant  volume  of  improvements  in  naval 
architecture,  together  with  original  letters  to  me,  that  accompanied 
it.  I  know  nothing  of  the  author  but  what  is  there  said,  viz :  That 
he  is  a  gentleman  of  character  and  fortune.  America  is  the  place 
in  the  world  the  most  likely  for  such  improvements  to  be  adopted,  if 
they  are  really  founded  in  science  and  utility.  If,  upon  examination, 
it  appears  to  be  of  value.  Congress  will  judge  what  acknowledgments 
should  be  made  of  it. 

With  great  esteem,  he,  JOHN  AD  AIMS. 


Mr.  Thomas  Coutts,  banker  in  the  Strand,  has  the  honor  to 
deliver  this,  by  desire  of  the  author  of  the  book,  who  is  his  friend, 
and  a  gentleman  of  eminent  character  and  fortune. 

April  28,  1787. 

FROM  PATRICK  MILLER  TO  JOHN  ADAMS. 

Edinburgh,  April  14,  1787. 
Sir, 

I  beg  leave  to  present  your  Excellency  with  the  account  of  an 
invention  for  the  improvement  of  naval  architecture,  which  was 
intended  for  the  general  good  of  mankind. 

As  I  trust  it  will  be  followed  with  happy  effects  to  the  nations 
who  shall  adopt  it,  and  that  I  believe  it  will  prove  particularly  useful 
to  the  different  States  of  North  America,  from  the  nature  of  their 
coasts  and  inland  navigation,  I  request  your  Excellency  to  transmit 
the  book  by  the  first  opportunity  to  Philadelphia,  to  be  delivered  to 
the  honorable  the  Congress  of  the  United  States  of  America. 

I  have  the  honor  to  be,  &c.,  PATRICK  INIILLER. 


FROM   JOHN    JAY   TO    JOHN    ADAMS,  "- 

Office  for  Foreign  Affairs,  July  4,  1787. 
Dear  Sir, 

I  have  been  honored  with  your  letters  of  the  10th,  19th,  and  30th 

April,  and  1st  May  last.     Since  the  sitting  of  the  Convention,  a 


746  JOHN  ADAMS-JOHN  JAY. 

sufficient  number  of  States  for  the  despatch  of  business  have  not 
been  represented  in  Congress,  so  that  it  has  neither  been  in  my 
power  officially  to  communicate  your  letters  to  them,  nor  to  write  on 
several  subjects  on  which  it  is  proper  that  Congress  should  make 
known  their  sentiments  to  you. 

Your  information  of  the  attempt  to  counterfeit  the  paper  of  the 
Carolinas,  and  the  probable  design  of  exporting  base  pence  to  this 
country,  is  interesting,  and  shall  be  made  proper  use  of. 

The  public  attention  is  turned  to  the  Convention.  Their  pro- 
ceedings are  kept  secret,  and  it  is  uncertain  how  long  they  will 
continue  to  sit.  It  is,  nevertheless,  probable  that  the  importance 
and  variety  of  objects  that  must  engage  their  attention  will  detain 
them  longer  than  many  may  expect.  It  is  much  to  be  wished  that 
the  result  of  their  deliberations  may  place  the  United  States  in  a 
better  situation  ;  for  if  their  measures  should  either  be  inadequate  or 
rejected,  the  duration  of  the  Union  will  become  problematical.  For 
my  own  part,  I  am  convinced  that  a  National  Government  as  strong 
as  may  be  compatible  with  liberty,  is  necessary  to  give  us  national 
security  and  respectability.  Your  book  gives  us  many  useful  lessons  ; 
for,  although  I  cannot  subscribe  to  your  chapter  on  Congress,  yet  I 
consider  the  work  as  a  valuable  one,  and  one  that  will  tend  greatly 
to  recommend  and  establish  those  principles  of  government  on  which 
alone  the  United  States  can  erect  any  political  structure  worth  the 
trouble  of  erecting. 

The  western  Indians  are  uneasy,  and  seem  inclined  to  be  hostile. 
It  is  not  to  be  wondered  at ;  injustice  is  too  often  done  them,  and 
the  aggressors  escape  with  impunity ;  in  short,  our  Governments, 
both  particular  and  general,  arc  either  so  impotent,  or  so  very  gently 
administered,  as  neither  to  give  much  terror  to  evil-doers  nor  much 
support  and  encouragement  to  those  who  do  well.  I  have  not 
answered  Colonel  Smith's  letters,  but  I  have  not  forgotten  him,  nor 
will  I  forget  him.  What  Congress  will  say  about  your  resignation 
or  your  successor,  I  know  not;  for  that  and  other  matters  in  this 
department  are  yet  to  come  under  their  consideration.  The  great 
delays  which  mark  their  proceedings  on  almost  every  interesting 
subject  arc  extremely  inconvenient,  and  sometimes  injurious. 

With  great  and  sincere  esteem,  &tc.,  JOHN  JAY. 


DIPLOMATIC  CORRESPONDENCE.  747 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  London,  May  8,  1787. 

Dear  Sir, 

I  am  honored  with  your  letter  of  April  2d,  and  am  happy  to 
receive  the  resolutions  of  Congress  enclosed  in  it,  especially  those  of 
21st  of  March,  1787. 

The  convention  at  Philadelphia  is  to  consist  of  members  of  such 
ability,  weight,  and  experience,  that  the  result  must  be  beneficial  to 
the  United  States. 

The  settlement  of  so  many  great  controversies,  such  as  those 
between  the  Massachusetts  and  New  York,  Pennsylvania  and  Con- 
necticut, New  York  and  Vermont,  &c.,  show  that  the  Union  has 
great  weight  in  the  minds  of  the  people.  It  is,  indeed,  an  object  of 
such  magnitude,  that  great  sacrifices  ought  to  be  made  to  its  preserva- 
tion. The  consequences  of  a  division  of  the  continent  cannot  be 
foreseen  fully,  perhaps,  by  any  man  ;  but  the  most  short-sighted  must 
perceive  such  manifest  danger,  both  from  foreign  Powers  and  from 
one  another,  as  cannot  be  looked  upon  without  terror.  The  naviga- 
tion of  the  Mississippi  in  the  South,  and  the  fisheries  in  the  North, 
have  ever  appeared  to  me  objects  without  which  the  Union  cannot 
be  preserved ;  and,  therefore,  whether  the  free  use  of  them  be 
obstructed  for  a  time  or  not,  it  has  ever  appeared  a  dangerous  policy 
to  cede  the  right,  even  for  a  moment. 

Enclosed  is  a  letter  from  our  unfortunate  countrymen  in  captivity 
at  Algiers,  which  must  be  sent  in  the  original,  as  there  is  not  time  to 
transcribe  it. 

I  hope,  sir,  ere  long,  to  receive  your  orders  in  consequence  of  the 
resolutions  of  Congress,  preparatory  to  my  return  home  in  the  next 
spring.  The  conduct  of  this  Court,  in  so  imprudently,  as  well  as 
uncivilly,  neglecting  to  send  a  Minister  to  America,  renders  it  impos- 
sible for  Congress,  consistently  with  their  own  dignity,  to  renew  my 
commission.  When  the  American  Minister  shall  leave  this  country, 
they  will  begin  to  think  it  necessary  to  send  one  of  their  own  to  New 
York.  They  may  (for  what  I  know)  wish,  in  this  way,  to  get  rid 
of  one  whom  they  have  not  been  able  to  mould  to  their  views,  in 
hopes  of  obtaining  another  of  a  more  ductile  temper.  Let  them 
try  the  experiment — I  dare  say  they  will  be  disappointed ;  for,  if 
Congress  appoints  another,  he  will  not  be  found  more  to  their  taste. 


748  JOHN  ADAMS-JOHN  JAY. 

This  country  is  in  a  shocking  situation ;  its  royal  family,  its  Admin- 
istration, and  its  Opposition,  are  all  such  as  will  never  seduce  an 
American  mind  from  his  duty.  He  will  only  be  shocked  at  the  sight, 
and  confirmed  in  his  natural  principles  and  native  feelings. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM   THE    A3IERICAN    CAPTIVES    TO    JOHN    ADAMS. 

Algiers,  Februaiy  13,  1787. 

Sir, 

Your  three  letters  to  us,  dated  London,  the  29th  September,  we 
received  the  7th  instant,  and  are  exceedingly  sorry  to  find,  by  the 
tenor  of  your  letters  to  us,  that  you  can  give  us  no  comfortable  hopes 
or  assurances  of  speedy  relief. 

Respecting  the  erroneous  report  you  suppose  we  might  have 
heard  of  what  Mr.  Lamb  said  to  the  Dey,  and  that  it  is  not  likely 
that  he  made  any  promises  to  the  Dey,  we  shall  mention  to  you  what 
Mr.  Lamb  used  to  tell  us  when  he  used  to  return  from  the  Dey's 
palace  after  having  his  different  audiences. 

Extract  from  our  Journals  in  Algiers. 

Saturday,  the  25th  of  March,  arrived  a  brig  from  Barcelona,  with 
John  Lamb,  Esq.,  and  Mr.  Randall,  Commissioners  from  the  L^nited 
States  of  America  to  treat  with  Lord  Prince  Mohamet  Bashaw,  Dey 
of  the  warlike  city  and  kingdom  of  Algiers.  At  11,  a.  m.,  the 
captain  of  the  port  went  on  board  the  brig,  and  returned  on  shore  to 
the  Mickclhadge,  or  third  great  man,  informing  him  there  were  two 
Americans  on  board  the  brig,  who  came  to  redeem  their  people. 
Immediately  tiie  Dey  was  informed,  and  at  1,  p.  m.,  they  were 
admitted  to  land.  Mr.  Lamb's  message  to  the  Dey  was  to  admit 
him  to  the  honor  of  kissing  his  hand  on  the  terms  of  peace.  The 
Dey  answered  that  he  would  not ;  but  if  he  came  to  redeem  his 
people,  he  would  give  him  an  audience.  On  the  29lh  Mr.  Randall 
h'fl  Algiers  on  board  a  Spanish  brig  of  war,  bound  to  Alirant.  On 
the  1st  of  April  Mr.  Lamb  was  introduced  to  the  Dey  by  tiie  French 
Consul,  and  attended  by  Mr.  Wolfe.  JMr.  Lamb  asked  the  Dey  his 
price  for  the  Americans.     The  Dey  said  he  would  see  about  it  of 


DIPLOMATIC  CORRESPONDENCE.  749 

the  marine  officers.  On  the  3d  of  April  Mr.  Lamb  had  his  second 
audience.  The  Dey  asked  Mr.  Lamb  what  he  would  give.  Mr. 
Lamb  offered  ten  thousand  dollars.  The  Dey  said  his  price  was 
fifty  thousand  dollars.  INIr.  Lamb  said  the  price  was  great,  but  he 
would  see  about  it  or  consider.  On  the  5th  Mr.  Lamb  had  his 
third  audience.  The  Dey  would  not  lower  his  price,  but  said  he 
wanted  us  in  the  marine.  ISIr.  Lamb  offered  to  take  us  at  thirty 
thousand  dollars.  The  Dey  turned  angry,  and  said  he  had  bread 
and  olives  enough  for  us.  On  the  7th  Mr.  Lamb  had  his  fourth 
audience.  The  Dey  would  not  lower  his  price  but  seventeen  hundred 
dollars.  Mr.  Lamb  said  the  price  was  great ;  he  would  see  what  he 
could  do  in  four  months'  time.  The  Dey  sent  his  dragoman  to  Mr. 
Lamb  after  he  returned  to  the  French  Consul's,  and  asked  Mr. 
Lamb  if  he  was  content  with  the  bargain.  Mr.  Lamb  said  the  price 
was  great,  but  he  must  be  content.  Ever  since  it  is  considered  in 
Algiers  that  Mr.  Lamb  had  made  a  regular  bargain  with  the  Dey. 
Often  since,  Sidi  Ali,  the  Dey's  lord  of  his  bedchamber,  has  told  a 
young  lad,  one  of  our  crew,  that  the  American  Ambassador  had 
agreed  to  take  us  at  the  Dey's  price.  The  lad  is  one  of  the  Dey's 
chief  attendants  ;  and  the  other  day  the  Mickelhadge,  or  third  great 
man  to  the  Dey,  asked  my  carpenter,  who  is  a  servant  or  slave  to 
the  Mickelhadge,  where  was  the  American  Ambassador,  saying  he 
had  promised  to  come  or  return  in  four  months. 

Sir,  we  would  not  wish  to  be  understood  that  we  write  so  urgent 
on  Mr.  Lamb's  contracts  with  the  Dey  to  facilitate  our  redemption ; 
but  it  is  to  give  you  a  true  representation  of  Mr.  Lamb's  proceedings, 
for  the  good  and  honor  of  our  country,  as  we  are  fearful  that  if 
another  American  Ambassador  came  here  it  would  be  a  very  great 
detriment  to  his  proceedings,  and  should  not  be  much  surprised  if 
the  Dey  told  him  that  he  had  made  one  bargain  already  with  the 
Americans  which  they  did  not  keep  or  fulfil. 

As  Mr.  Jefferson  wrote  us  that  Mr.  Lamb  was  to  make  no  bargain 
respecting  our  redemption  wthout  our  consent,  when  Mr.  Lamb 
told  us  of  the  Dey's  price,  we  begged  of  him  to  make  no  further 
proposition  on  our  account,  as  it  was  not  in  his  power  to  redeem  us ; 
but  he  went  on  his  own  way,  and  did  as  I  mention ;  so  that  you  see 
the  considering  part  of  the  bargain  was  always  on  INIr.  Lamb. 
When  the  Dey  mentioned  so  great  a  price,  why  was  he  not  decisive, 
and  say  it  was  entirely  out  of  his  power  to  give  any  such  price  ? 


750  JOHN  ADAMS-JOHN  JAY. 

Better  to  say  so,  than  to  make  promises  that  he  was  not  empowered 
to  do ;  not  to  deceive  the  Dey  and  dishonor  his  country. 

If  we  are  not  to  be  redeemed  until  the  Dey  will  let  us  go  as  cheap 
as  others,  we  think  we  never  shall  be  redeemed ;  for  those  people  do 
what  they  have  a  mind  to  do,  let  the  slaves  go  for  what  they  will,  or 
not  let  them  go  on  any  terms.  We  confess  it  would  be  setting  a  bad 
example  to  pay  so  great  a  sum  for  a  few,  and  other  unfortunate 
captives  would  feel  the  ill  effects  of  it.  It  is  the  duty  of  our  country 
to  redeem  us  on  the  best  terms  they  can.  Our  unfortunate  crews 
are  employed  on  the  most  laborious  work.  We  are  not  prisoners  of 
war ;  we  are  slaves ;  the  consideration  of  which  will  induce  our 
country  to  consider  our  lamentable  misfortune,  hoping  they  will 
adopt  some  effectual  plan  of  extricating  us  from  slavery,  and  not 
suffer  a  remnant  of  their  countrymen  to  die  in  slavery  in  this  barbarous 
country.  We  hope  Mr.  Lamb  has  not  told  us  one  story,  and  wrote 
the  Ministers  in  Europe  another ;  but,  from  the  tenor  of  your  letters, 
we  believe  he  has  misrepresented  his  proceedings  in  Algiers  to  you. 

Redeeming  the  slaves  is  one  thing,  and  making  the  peace  is 
another — two  different  bargains.  Witness  the  Spaniards.  We 
cannot  see  that  redeeming  us  would  be  any  detriment  to  the  making 
a  peace,  or  that  we  shall  be  got  for  less. 

If  Mr.  Lamb,  in  having  four  audiences  with  the  Dey,  could  not 
prevail  on  him  to  lower  his  price,  what  will  induce  the  Dey  to  it  on 
the  terms  of  peace  or  conclusion  of  treaties  ?  Forty  or  fifty  thousand 
dollars  can  be  no  great  object  to  so  great  and  rich  a  Prince  as  the 
Dey  of  Algiers,  to  induce  him  to  a  treaty  with  the  United  States. 

Permit  us  to  observe  to  you  and  our  country,  it  has  been  the 
custom,  from  time  immemorial,  for  all  nations  to  redeem  their  people 
on  the  best  terms  they  could. 

The  Spaniards  and  other  nations  used  to  redeem  every  three  years, 
until  they  were  all  led  away  with  an  erroneous  opinion  that  the  sums 
paid  for  the  redemption  used  to  enable  the  Algerines  and  other 
IJarbary  States  to  continue  their  depredations  of  piracy.  Time, 
which  reveals  all  things,  has  shown  the  Spaniards  and  other  nations 
how  erroneous  their  judgment  was.  No  nation  in  the  world  can  fit 
an  efjual  number  of  cRiisers  half  so  cheap  as  the  Algerines  can. 

Mr.  Lamb  duchinid  to  us  that  he  did  not  bring  any  money  to 
redeem  us;  and  even  told  us  that  if  the  Dey  would  let  us  go  at  ten 
thousand  dollars,  ha  could  not  redeem  us.     The  six  thousand  dollars 


DIPLOMATIC  CORRESPONDENCE.  751 

he  had  was  for  presents  to  pave  the  way  towards  a  peace,  in  case  he 
brought  them  on  a  truce.  Why  was  IMr.  Lamb  so  anxious  with  his 
propositions  to  the  Dey,  when  he  declared  to  us  that  he  had  no 
money  appropriated  towards  our  use  ? 

We  hope  you  will  consider  our  lamentable  misfortune,  and  not 
extinguish  entirely  our  hopes  of  being  once  more  in  the  land  of 
liberty. 

Your  most  obedient  and  very  humble  servants, 

RICHARD  O'BRYEN, 
ZACHARIAS  COFFIN, 
ISAAC  STEPHENS, 
ANDREW  MONTGOMERY,  Mate, 
ALEXANDER  FORSYTHE,  Mate. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  May  14,  1787. 
Dear  Sir, 

Last  Thursday,  according  to  your  ad\ice,  I  communicated  to  Lord 
Caermarthen,  not  officially,  but  as  private  though  authentic  intelli- 
gence, the  resolutions  of  Congress  of  the  21st  of  March.  His 
Lordship  appeared  to  be  sincerely  and  highly  pleased,  and  said  that 
those  resolutions  did  the  highest  honor  to  Congress,  and  he  wished 
I  had  authority  to  communicate  them  formally.  The  reason  was 
explained  to  his  Lordship  that  there  had  not  been  time  for  the 
Secretary  of  State  to  prepare  instructions,  but  that  they  might  be 
expected  to  arrive  in  a  few  weeks.  The  measure  is  as  well  founded 
in  good  policy  as  it  is  in  justice  and  honor,  and  must  produce  a  good 
effect. 

With  great  respect,  &;c.,  JOHN  ADAMS. 
0 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  May  23,  1787. 

Dear  Sir, 
Enclosed  are  copies  of  two  protests  of  bills*  of  exchange  received 
from  the  Board  of  Treasury.     They  are  duplicates.     Another  set  of 

*  These  bills  were  drawn  the  31st  March,  1787,  by  Constable,  Rucker  &  Co.,  of 
New  York,  on  John  Rucker,  of  London,  in  favor  of  the  Commissioners  of  the 
Treasury,  and  by  them  endorsed  over  to  Messrs.  Willinks  and  Van  Staphorsts . 
Oae  was  for  <f25,000,  and  the  other  for  50,000  guilders. 


752  JOHN  ADAMS— JOHN  JAY. 

copies  I  have  transmitted  to  that  board  to  whom  these  dupUcates 
will,  no  doubt,  be  referred. 

Enclosed  also  are  copies  of  letters  from  the  Commissioners  of 
Loans  at  Amsterdam,  which  render  it  necessary  for  me  to  go  to 
Amsterdam.  I  shall  set  off  on  Friday,  the  25th,  and  hope  to  return 
in  three  weeks  or  less.  It  is  with  great  regret  that  I  find  myself 
reduced  to  the  necessity  of  opening  a  new  loan,  without  the  explicit 
and  particular  orders  of  Congress.  But  there  is  no  alternative  but 
this,  or  immediate  and  total  ruin  to  the  United  States.  Such  is  the 
nature  of  money  transactions  in  Holland,  that  if  the  punctual 
payment  of  the  interest  is  not  advertised,  a  panic  aiises  and  spreads, 
the  stock  falls,  and  every  one  is  eager  to  get  rid  of  what  he  has  in  his 
hands.  In  consequence  of  a  delay,  only  of  a  few  days,  to  advertise 
the  pajTiient  of  our  interest  in  June,  my  obligations  fell  ninety-five 
per  cent.,  as  I  am  informed.  But  immediately  upon  the  advertise- 
ment's appearing,  they  rose  again  to  ninety-nine,  which  is  as  high  as 
they  have  been  for  several  years. 

Mr.  Barclay  has  drawn  upon  me  for  more  money  than  I  expected, 
to  pay  the  expenses  of  presents  and  other  things  in  the  JMorocco 
negotiation,  and  has  made  several  drafts,  after  I  had  supposed,  or 
at  least  hoped,  that  the  payments  were  all  made.  But  I  could  do 
no  other  than  presume  that  the  demands  were  necessary,  and  accept 
his  bills.  He  will  render  his  account  to  Congress  or  the  Board  of 
Treasury.  But,  if  I  am  not  mistaken,  he  has  drawn  upon  me  for 
near  five  thousand  pounds  sterling — a  sum  considerably  more  than 
one  quarter  part  of  the  eighty  thousand  dollars  appropriated  by 
Congress  to  treaties  with  four  Powers ;  though  it  was  always 
expected  that  Algiers  would  be  more  costly  than  all  the  other  three. 

The  expenses  of  Colonel  Franks's  journeys  and  voyages,  and  that 
of  Colonel  Smith's  tour  to  Lisbon,  as  well  as  mine  to  Portsmouth 
and  Holland,  will  amount  to  something,  though  not  very  consider- 
able. What  drafts  upon  the  bankers  in  Holland  Mr.  Jcflicrson  has 
made,  as  mentioned  in  their  letter,  I  know  not,  unless  it  be  to  pay 
for  Iionorary  swords  and  medals,  ordered  by  Colonel  Humphreys,  in 
obedience  to  the  orders  of  Coniiress,  for  which  I  frave  him  a  letter 
of  cn^dit  before  I  left  France.  Possibly  Congress  may  have  author- 
ized Mr.  Jefferson  to  draw  upon  their  commissioners  in  Holland.  If 
they  have,  I  am  glad  of  it,  but  had  not  been  informed  of  it. 

I  rt^gret  very  much  that  I  have  not  yet  a  letter  of  recall,  which 
I  might,  upon  this  my  lust  lour  to  the  Hague,  present  to  their  High 


DIPLOMATIC  CORRESPONDENCE.  753 

Mightinesses,  and  take  my  leave,  in  order  to  my  return  home  upon 
the  expiration  of  my  commission  to  St.  James's.  But  although  this 
is  now  impossible,  I  hope,  sir,  soon  to  receive  such  a  letter  of  recall 
that  I  may  have  time  to  transmit  it  with  a  memorial,  which  must 
answer  the  end  of  an  audience  of  leave. 

With  great  respect,  Sic,  JOHN  ADAMS. 


FROM    MESSRS.    WILHEM   AND    JAN    WILLINK,  &C.,    TO    JOHN    ADAMS. 

Amsterdam,  May  15,  1787. 

We  have  your  Excellency's  esteemed  favor  of  the  7th,  and  two 
of  the  8th  instant,  transmitting  us  letters  from  the  Board  of  Treasury, 
the  detention  whereof,  later  than  others  we  received  per  the  April 
packet,  has  retarded  the  business  of  a  new  loan  during  a  whole 
week — a  delay  of  the  utmost  consequence  at  the  eve  of  the  June 
interest  falling  due. 

We  sincerely  lament  the  necessity  Mr.  John  Rucker  was  in  to 
leave  England,  and  hope  the  discredit  such  an  event  must  occasion 
will  be  but  temporary.  Your  Excellency  acted  very  properly  in 
forwarding  protests  only  of  the  drafts  upon  him,  but  we  recommend 
duplicates  should  be  sent. 

Notwithstanding  we  adopted  the  payment  of  the  sixty  thousand 
guilders  premium,  in  pursuance  of  your  Excellency's  advice,  had  this 
been  the  only  deficiency  in  the  remittance  for  the  June  interest,  our 
zeal  for  the  credit  and  interest  of  the  United  States  would  have 
induced  us  to  advance  it;  but  the  late  considerable  disposals  of  your 
Excellency,  and  his  Excellency  Thomas  Jefferson,  Esquire,  have 
exhausted  the  funds  in  our  hands  much  below  the  statement  of  the 
Treasury  Board,  exclusive  of  the  seventy-five  thousand  bills  on  Mr. 
John  Rucker,  contrary  to  its  expectation,  not  proving  good.  So 
that  the  sum  required  is  of  such  magnitude  as  to  preclude  all  thoughts 
of  supplying  it  by  any  other  means  than  a  fresh  loan ;  for  effecting 
which  the  time  is  very  short  indeed,  besides  the  bonds  of  the  former 
loan  being  at  a  very  low  rate,  and  people  uncommonly  solicitous  to 
sell  them :  A  panic  we  cannot  account  for  otherwise  than  by  the 
payment  of  the  June  interest  not  being  yet  advertised. 

We  have  assembled  the  principal  brokers,  and  opened  the  matter 
to  them,  under  all  th-e  actual  disadvantageous  chcumstances ;  they 
Vol.  II.— 48 


754  JOHN  ADAMS— JOHN  JAY. 

have  promised  to  second  our  exertions  to  raise  money  by  a  new 
loan,  which  we  shall  be  obliged  to  pay  dear  for,  and  make  of  no 
less  sum  than  a  million,  whereof  the  undertakers  will,  however, 
engage  to  receive  only  a  certain  sum,  that  we  shall  endeavor  may 
be  sufficient  for  the  June  and  February  interests,  and  the  sums  your 
Excellency  may  want  for  your  salary  and  ordinary  disbursements ; 
the  remaining  bonds  to  lie  by  us  for  account  of  the  United  States. 
Thus  the  Board  of  Treasury  would  not  have  to  attend  to  any 
remittances  for  this  country  previous  to  the  June  interest  of  1788 ; 
by  which  period,  we  trust,  the  measures  that  will  be  devised  by  the 
Assembly  of  Delegates  at  Philadelphia  will  have  had  the  operation 
necessary  to  secure  punctual  remittances  for  the  future  payments  of 
interest  on  the  Dutch  loans. 

We  cannot  yet  flatter  your  Excellency  with  success ;  but  if  we 
should  be  so  fortunate,  we  rely  upon  your  Excellency's  readiness  to 
pass  immediately  the  requisite  instruments,  and  to  strain  all  your 
influence  that  the  ratifications  of  Congress  may  take  place,  and  be 
transmitted  to  us  without  any  procrastination. 
We  are,  respectfully,  he, 

WILHE:\I  &  JAN  WILLINK, 

NIC.  &i  JACOB  VAN  STAPHORST. 


FROM    MESSRS.    VVILHEM    AND    JAN    WILLINK,    &C.,   TO    JOHN    ADAMS. 

Amsterdam,  May  18,  1787, 
Agreeably  to  what  we  had  the  honor  to  acquaint  your  Excellency 
the  15th  instant,  we  have  exerted  ourselves  to  procure  money  for 
payment  of  the  interest  due  the  1st  proximo,  by  the  United  States — 
a  matter  very  difficult  to  be  accomplished,  as  wo  had  against  us  the 
late  news  from  America,  no  immediate  flattering  prospects,  and  an 
excessive  scarcity  of  money  here  at  present.  We  have,  however, 
been  successful  enough  to  persuade  the  undertakers  to  subscribe  to 
a  new  loan  for  one  million  of  florins  upon  the  following  conditions: 
One  thousand  Ijonds,  for  one  thousand  guilders  each,  to  be  issued 
on  the  same  conditions  as  the  preceding  loan  of  five  per  centum,  the 
interest  commencing  the  first  of  June. 

Of  wliicli   ilionsiuid  i)onds,  two  hundred  and  forty  to  be   imme- 
diately ncgolialed  to  the  subscribers ;  the  one  half  of  their  amount 


DIPLOMATIC  CORRESPONDENCE.  755 

to  be  paid  upon  the  delivery  of  the  bonds ;  the  undertakers  reserving 
to  themselves  the  faculty  of  taking  to  themselves  one  month's  credit 
for  payment  of  the  remaining  half. 

The  surplus  seven  hundred  and  sixty  bonds  are  to  remain  in  our 
custody,  subject  to  be  delivered  to  the  undertakers,  each  one  in 
proportion  to  his  subscription,  at  the  same  rate  as  those  actually 
negotiated ;  at  the  expiration  of  which  period  those  on  hand  will  be 
at  the  disposal  of  Congress. 

Congress  shall  not  be  at  liberty  to  make  any  further  money  nego- 
tiations in  this  country  until  the  surplus  seven  hundred  and  sixty 
bonds  shall  be  placed,  or  before  the  end  of  the  eighteen  months  they 
are  to  lie,  at  the  choice  of  the  undertakers  to  purchase  them. 

Such  are  the  best  conditions  we  have  been  able  to  obtain ;  and, 
although  the  money  will  cost  the  United  States  eight  per  cent., 
including  premium,  our  commission,  brokerage,  and  charges,  we  deem 
ourselves  fortunate  to  have  been  thus  able  to  face  the  June  interest ; 
an  object  your  Excellency  justly  views  of  the  highest  importance  to 
the  credit  and  interest  of  the  United  States. 

By  this  arrangement  we  shall  be  obliged  to  advance  part  of  the 
interest,  until  the  undertakers  shall  have  completed  payment  for  the 
engaged  bonds ;  upon  which  advance,  we  do  not  doubt,  the  United 
States  will  most  readily  admit  our  charge  of  interest. 

We  endeavored  all  in  our  power  that  the  money  should  be 
received  by  us  in  recepissees,  and  thus  leave  you  the  time  to  visit  the 
country,  and  your  conveniency  to  pass  the  bonds.  But  the  under- 
takers have  insisted,  as  an  absolute  condition,  that  they  should  be 
liable^  to  pay  only  on  receipt  of  the  bonds  signed  and  perfected  by 
you;  so  that  there  is  an  indispensable  necessity  for  your  Excellency's 
setting  out  for  this  country,  with  the  full  power  you  have  from 
Congress,  by  the  packet  which  will  leave  Harwich  next  Wednesday, 
or  at  latest  on  Saturday,  tlie  26th  instant,  when  we  will  have  every- 
thing ready,  that  your  Excellency  may  be  able  to  return  by  the  next 
or  following  packet. 

W^e  request  your  Excellency  to  be  assured  nothing  in  our  power 
was  left  untried  to  spare  you  this  jaunt  so  suddenly ;  but  since  the 
payment  of  the  June  interest  entirely  depends  upon  this  exertion  of 
your  Excellency,  we  are  confident  it  will  be  undertaken  with 
alacrity ;  and,  upon  this  conviction,  we  have  assumed  to  advertise 


756  JOHN  ADAMS— JOHN  JAY. 

the  payment  of  the  interest  on  the  1st  of  June,  which  is  in  all  our 
newspapers  of  this  day. 

We  are,  respectfully,  &:c., 

WILHEM  h  JAN  WILLINK, 

NIC.  &:  JACOB  VAN  STAPHORST. 


FROM    JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  July  31,  1787. 
Dear  Sir, 

Since  my  last  to  you  of  the  4th  instant,  I  have  been  honored  with 
yours  of  the  8th,  14th,  and  23d  of  May  last,  which  have  been 
communicated  to  Congress.  I  have  now  the  honor  of  transmitting  to 
you,  herewith  enclosed,  certified  copies  of  sundry  acts  of  Congress, 
viz :  of  the  21st  March  and  13th  April  last,  relative  to  our  treaty 
with  Britain  ;  also,  an  act  of  the  20th  July  instant,  containing  certain 
instructions  to  you  on  the  same  subject.  This  latter  act  differs 
materially  from  the  one  reported  by  me,  especially  in  the  plan  and 
extent  of  the  proposed  convention. 

It  gives  me  pleasure  to  inform  you  that  several  of  the  States  have 
removed  all  obstacles  to  the  full  and  fair  operation  of  the  treaty ; 
and  there  is  great  reason  to  expect  that  certain  others  of  them  will 
do  the  like  at  the  ensuing  sessions  of  their  Legislatures ;  but  whether 
every  State,  without  exception,  will  adopt  the  measure,  in  its  proper 
latitude  and  extent,  is  not  quite  certain,  especially  considering  the 
conveniences  which  many  of  their  citizens  have  derived  from  shelter 
against  their  British  creditors. 

In  the  act  of  Congress  of  the  23d  instant,  also  enclosed,  you  will 
find  a  copy  of  a  letter  to  his  Catholic  Majesty.  That  letter  has 
been  .sent  from  hence  to  Spain,  in  a  Spanish  vessel ;  also  a  copy  of 
a  letter  to  the  Emperor  of  Morocco.  That  letter  was  sent  to  Mr. 
JcfTerson,  by  the  French  packet  which  sailed  last  week. 

The  ratification  of  the  Morocco  treaty  was  also  sent  to  him  by  the 
Fame  opportunity.  Measures  respecting  the  other  hostile  African 
States  are  under  consideration. 

On  the  24th  instant,  Congress  was  pleased  to  pass  an  act,  of 
which  a  copy  is  herewith  enclosed,  relative  to  the  house  at  the 
Hairue. 


DIPLOMATIC  CORRESPONDENCE.  757 

Your  letters  respecting  the  new  loan,  he,  were  referred  to  the 
Board  of  Treasury.  Your  attention  and  efforts  on  that  occasion 
merit  commendation. 

I  have  taken  much  pains  to  obtain  a  decision  on  the  question  of 
your  return,  k,c.,  but,  as  yet,  without  success.  I  am  not  without 
hopes  that  it  will  be  done  to-day ;  and  as  the  mail  will  not  be 
closed  before  to-morrow,  I  shall,  in  that  case,  write  you  another 
letter. 

It  seems  that  the  Convention  at  Philadelphia  have  agreed  on  the 
leading  principles  or  great  outlines  of  their  plan,  and  appointed  a 
committee  to  put  it  into  form ;  but  we  know  not  what  it  is,  and  I 
believe  it  is  best  that  we  should  not. 

I  have  the  honor  to  be,  he,  JOHN  JAY. 

P.  S.  For  your  more  particular  information,  I  herewith  enclose 
certain  papers,  containmg  copies  of  acts  and  letters,  numbered  from 
1  to  7  inclusive,  which  show  in  what  States,  and  how  far,  the  treaty 
of  peace  is  at  present  operating  without  constraint.  I  learn,  this 
afternoon,  that  Congress  rose  without  having  passed  any  act  or 
resolution  relative  to  your  return.  I  herewith  enclose  an  ordinance 
of  Congress  of  the  13th  instant,  for  governing  the  western  country, 
and  a  copy  of  the  ratification  of  the  Morocco  treaty,  together  with  a 
parcel  of  the  latest  newspapers. 


List  of  Papers  mentioned  in  the  Postscript. 

No.  1.  An  act  of  New  Hampshire,  passed  15th  September,  1786, 
in  compliance  with  the  definitive  treaty,  and  the  recommendation  of 
Congress  of  14th  January,  1784,  founded  thereon. 

No.  2.  An  act  of  Massachusetts,  passed  30th  April,  1787,  for 
repealing  all  acts  militating  with,  or  infringing,  the  definitive  treaty. 

No.  3.  Letter  from  the  Governor  of  Rhode  Island  to  Mr.  Jay, 
of  4th  September,  1786,  informing  that  all  prosecutions  against 
absentees  had  ceased,  and  that  British  subjects  are  not  prevented 
from  prosecuting  for  the  recovery  of  debts  due  to  them. 

No.  4.  An  act  of  Connecticut,  passed  the  second  Thursday  in 
May,  1787,  repealing  all  acts  repugnant  to  the  definitive  treaty, 
and  directing  the  courts  of  law  and  equity  to  decide  and  adjudge 
accordingly. 


758  JOHN  ADAMS-JOHN  JAY. 

No.  5.  Acts  of  New  York,  passed  the  4th  and  SOth  April,  1787, 
to  repeal  the  different  acts  complained  of  by  the  British  merchants  in 
their  list  of  grievances. 

No.  6.  Letter  from  the  Governor  of  New  Jersey  to  Mr.  Jay,  of 
15th  June,  1786,  informing  that  that  State  has  complied  with  the 
recommendation  of  Congress  of  14th  January,  1784. 

No.  7.  An  act  of  Maryland,  passed  15th  May,  1787,  declaring 
the  definitive  treaty  to  be  the  supreme  law  within  that  State. 


EXTRACT  FROM  THE  SECRET  JOURNALS  OF  CONGRESS  JULY  20,  1787. 

On  the  report  of  a  committee,  consisting  of  Mr.  Kean,  Mr.  R.  H. 
Lee,  and  INIr.  Duane,  to  whom  was  referred  a  report  of  the  Secretary 
for  Foreign  Affairs,  of  the  23d  April  last,  respecting  Instructions  to 
the  Minister  of  the  United  States  at  the  Court  of  London, 

Resolved,  That  the  Minister  of  the  United  States  at  the  Court  of 
Great  Britain  be,  and  he  is  hereby,  instructed  to  inform  his  Britannic 
INIajesty  that  Congress  have  taken  measures  for  removing  all  cause  of 
complaint  relative  to  the  infraction  of  the  fourth  and  sixth  articles  of 
the  treaty  of  peace ;  and  that  he  communicate  to  his  Majesty  their 
resolutions  of  the  21st  March  last,  together  with  their  circular  letter 
to  the  States,  of  the  13th  day  of  April. 

Resolved,  That  the  said  Minister  be,  and  he  hereby  is,  authorized 
and  directed,  in  the  name  and  on  behalf  of  the  United  States,  to 
propose  and  conclude  a  conv^ention  with  his  Britannic  Majesty, 
whereby  it  shall  be  agreed  that  the  value  of  slaves,  or  other  Ameri- 
can property  carried  away  contrary  to  the  seventh  article  of  the 
treaty  of  peace,  be  estimated  by  commissioners ;  and  that  he  also 
endeavor  to  obtain  an  article  to  fix  the  true  construction  of  the 
declaration  for  ceasing  hostilities,  and  to  stipulate  that  compensation 
be  made  for  all  captures  contrary  to  it. 

Resolved,  That  the  said  IVlinister  be,  and  ho  hereby  is,  further 
instructed  to  assure  his  Majesty  that  it  will  always  give  pleasure  to 
Congress  fairly  to  discuss  and  accommodate  every  difference  or 
cornplaint  that  may  arise  relative  to  the  construction  or  to  the 
|>«Tforiiianc(!  of  the  tnsaty  ;  that  they  are  determined  to  execute  it 
wiili  good  faith ;  and  that,  as  this  is  the  only  instance  in  which  any 
foniplainls  liave  come  regularly  before  them,  they  flatter  themselves 


DIPLOMATIC  CORRESPONDENCE.  759 

that  the  readiness  with  which  they  have  taken  measures  to  remove 
these  complaints  will  create  in  him  a  full  confidence  in  the  purity  of 
their  intentions ;  and  that  he  assure  his  Majesty  that  they  fully  repose 
and  confide  in  his  assurances  '•'  that  whenever  America  shall  manifest 
'a  real  determination  to  fulfil  her  part  of  the  treaty,  Great  Britain 

*  will  not  hesitate  to  cooperate  in  whatever  points  depend  upon  her 
'for  carrying  every  article  into  real  and  complete  effect." 

In  debating  the  foregoing  resolutions,  a  motion  was  made  by  Mr. 
Smith,  seconded  by  Mr.  Grayson,  to  amend  the  second  resolution  by 
adding  thereto  as  follows,  after  the  word  "commissioners." 

"  And  that  payment  for  the  same,  together  with  a  surrender  of  all 
'  the  posts  and  places  now  held  by  his  IMajesty  within  the  limits  of 

*  the  United  States,  shall  be  made  within  a  certain  reasonable  time 
'  after  the  several  States  shall  have  passed  an  act  or  acts  in 
'  conformity  to  the  resolutions  beforementioned,  and  formal  notice 
'  shall  be  given  his  INIajesty  that  all  the  States  shall  have  passed  an 
'  act  or  acts  as  abovementioned." 

A  motion  was  made  by  Mr.  Dane,  seconded  by  Mr.  Carrington, 
to  amend  the  amendment  by  striking  out  the  words  "  together  with 
'  a  surrender  of  all  the  posts  and  places  now  held  by  his  Majesty 
'  within  the  limits  of  the  United  States." 

And  on  the  question,  Shall  those  words  stand?  the  yeas  and  nays 
being  required  by  I\Ir.  Smith,  it  passed  in  the  negative;  and  the 
words  were  struck  out. 

And  the  question  to  agree  to  the  amendment  as  amended  was 
negatived. 


FROM   JOHN    SULLIVAN   TO    JOHN   JAY. 

Exeter,  September  18,  1786. 
Sir, 
I  have  the  honor  of  enclosing  a  copy  of  an  act  of  the  Legislature 
of  this  State,  fully  complying  with  the  definitive  treaty,  agreeably  to 
the  proclamation  of  Congress. 
And  am,  &tc., 

JOHN  SULLIVAN. 

His  Excellency  the  Secretary  of  Foreign  Affairs. 


760  JOHN  ADAMS-JOHN  JAY. 

STATE    OF    NEW    HAMPSHIRE. 

In  the  year  of  our  Lord  one  thousand  seven  hundred  and  eighty-six. 

An  act  in  compliance  with  the  Treaty  of  Peace  between  the  United 
States  and  his  Britannic  Majesty,  and  with  the  recommcnd- 

'         ation  of  Congress,  of  the  I4th  of  January,  1784,  founded 
thereon. 

Whereas  several  acts  and  laws  during  the  late  war  with  Great 
Britain  were  passed  by  this  State,  which  are  found  to  be  incom- 
patible with  the  definitive  treaty  of  peace  and  friendship :  And 
whereas  Congress  did,  on  the  14th  day  of  January,  1784,  earnestly 
recommend  to  the  Legislatures  of  the  respective  States  to  reconsider 
and  revise  all  their  acts  and  laws  respecting  the  premises,  so  as  to 
render  such  acts  and  laws  perfectly  consistent,  not  only  with  justice 
and  equity,  but  with  that  spirit  of  conciliation  which,  on  the  return 
of  the  blessings  of  peace,  should  universally  prevail : 

Therefore  be  it  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General  Court  convened,  That  the  fourth  article  of  the  said 
definitive  treaty,  viz :  "  It  is  agreed  that  the  creditors  on  either  side 
'  shall  meet  with  no  lawful  impediment  to  the  recovery  of  the  full 
'  value,  in  sterling  money,  of  all  boiia  fide  debts  heretofore 
'contracted,"  be  complied  with  as  far  as  it  respects  this  State;  and 
that  the  subjects  of  his  Britannic  Majesty  shall  meet  with  no  lawful 
impediment  to  the  recovery  of  any  such  debts,  but  shall  have  a  right 
to  recover  the  same,  in  the  manner  and  way  solemnly  stipulated  in 
said  article. 

And  be  it  further  enacted,  That  in  case  any  of  the  estates,  rights, 
and  properties  of  any  real  British  subjects,  or  any  of  the  estates, 
rights,  and  properties  of  any  person  or  persons  resident  in  any 
district  or  districts,  which  were  in  the  possession  of  his  Britannic 
Majesty's  arms  between  the  30th  day  of  November,  178-2,  and  the 
14th  day  of  January,  1784,  and  who  have  not  borne  arms  against 
the  United  States,  shall  have  been  confiscated,  the  act  or  acts  so 
confiscating  shall  be,  and  hereby  are,  repealed  ;  and  persons  of  any 
other  descrij)tion  shall  have  free  liberty  to  go  to  any  part  or  ])arts  of 
tills  State,  (provided  liiat  witiiin  fourteen  days  after  liieir  first  arrivid 
ihfy  lodge  their  names  in  the  Secretary's  of^lC(^)  and  to  reside  in  any 
towti,  j)l;ice,  or  district  herein  during  the  space  of  one  year,  to 
commence  from  the  day  of  their  first  arrival  in  this  State,  and  no 


DIPLOMATIC  CORRESPONDENCE.  761 

longer ;  and  to  remain  unmolested  in  their  endeavors  to  obtain  the 
restitution  of  such  of  their  estates,  rights,  and  properties,  as  have 
been  confiscated. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  the 
act  of  this  State  passed  19th  day  of  November,  1778,  entitled  "An 
'  act  to  prevent  the  return  to  this  State  of  certain  persons  therein 
'  named,  and  of  others  who  have  left,  or  shall  leave,  this  State,  or 
'  either  of  the  United  States  of  America,  and  have  joined,  or  shall 
'join,  the  enemies  thereof,"  so  far  as  the  same  militates  with  the  said 
articles  of  peace ;  also,  the  act  passed  the  28th  day  of  November, 
1778,  entitled  "  An  act  to  confiscate  the  estates  of  sundry  persons 
therein  named,"  together  with  the  additional  acts  to  the  said  two 
acts,  and  all  other  acts  and  resolves  of  this  State,  so  far  as  they 
militate  with,  or  are  repugnant  to,  the  spirit  and  meaning  of  said 
treaty  of  peace  and  friendship  between  the  United  States  and  his 
Britannic  Majesty,  shall  be,  and  hereby  are,  repealed  and  made 
void. 

State  of  New  Hampsliire,  y 

In  the  House  of  Representatives,  September  15,  1786.  I 

The  foregoing  bill  having  been  read  a  third  time,  voted  that  it 
pass  to  be  enacted. 

Sent  up  for  concurrence. 

JOHN  LANGDON,  Speaker. 

In  Senate,  September  10,  1786. 

This  bill  having  been  read  a  third  time,  voted  that  the  same  be 
enacted. 

JNO.  SULLIVAN,  President. 
Copy  examined : 

JOSEPH  PEARSON,  Secretary. 


GOVERNOR  BOWDOIN  TO  SECRETARY  JAY. 

Boston,  May  17,  1786. 

Sir, 

I  had  the  honor  of  your  letter  of  the  3d  Instant,  and,  on  receiving 

it,  directed  the  Secretary  to  examine  how  far  the  Commonwealth  of 

Massachusetts  had  complied  with  the  proclamation  of  Congress  of 

the  14th  January,  1784,  and  the  recommendation  accompanying  it, 


762  JOHN  ADAMS-JOHN  JAY. 

pursuant  to  the  definitive  treaty  between  the  United  States  and 
Great  Britain. 

In  consequence  of  that  direction,  he  has  copied  and  attested  the 
several  acts  and  resolutions  of  the  Legislature  that  can  give  you 
information  upon  the  subject ;  and  the  copies,  with  his  declaration 
prefixed,  are  enclosed. 

I  have  the  honor  to  be,  he,  JAMES  BOWDOIN.. 

The  Hon.  John  Jay,  Esq., 

Secretary  for  Foreign  Affairs. 


A  Memorandum   of  several  Acts,  Resolves,   Sfc,  passed   by   the 
Legislature  of  the  Commonwealth  of  Massachusetts. 

An  act  for  repealing  two  laws  of  this  State,  and  for  asserting  the 
right  of  this  free  and  sovereign  Commonwealth  to  expel  such  aliens 
as  may  be  dangerous  to  the  peace  and  good  order  of  Government. 
Passed  INIarch  24th,  1784. 

An  act  in  addition  to  an  act  made  and  passed  the  present  year, 
entitled  "  An  act  for  repealing  two  laws  of  this  State,  and  for 
'  asserting  the  right  of  this  free  and  sovereign  Commonwealth  to 
'  expel  such  aliens  as  may  be  dangerous  to  the  peace  and  good  order 
'of  Government."     Passed  November  10th,  1784. 

An  order  instructing  the  delegates  of  this  Commonwealth  in 
Congress  to  desire  the  sense  of  Congress  whether  it  will  consist  with 
the  treaty  of  peace  between  Great  Britain  and  the  United  States  of 
America  for  the  Legislature  to  pass  an  act  debarring  British  subjects 
and  absentees  from  recovering  any  interest  which  may  be  supposed 
to  have  accrued  during  the  war  on  debts  contracted  before  the  war. 
Passed  November  10th,  1784. 

A  resolve  relating  to  interests  on  debts  due  to  British  subjects  and 
absentees,  contracted  before  the  war,  and  directing  the  common  law 
courts  how  to  make  up  judgment.     Passed  November  10th,  1784. 

A  resolve  conlinnitig  the  resolution  of  the  lOlh  of  Noveujber, 
1784.     Passed  February  7th,  1785. 

The  fon.'going  is  a  memorandum  of  several  acts  and  resolves 
pa.ssed  by  the  Legislature  of  the  Commonwealth  of  Massachusetts 
since  the  proclamation  of  Congress  of  the  14th  of  January,  1784, 
notifying  the  definitive  treaty  and  its  ratification  to  the  several  Slates 


DIPLOMATIC  CORRESPONDENCE.  763 

of  the  Union,   and  requiring  their  observance  thereof;    copies   of 
which  acts  and  resolves  are  hereto  annexed. 

The  two  following  described  acts  were  passed  by  the  same 
Legislature  before  the  date  of  the  said  proclamation,  and  copies  of 
them  are  also  annexed,  being  relative  to  the  same  subject,  viz : 

An  act  passed  March  25th,  1783,  limiting  the  continuance  of 
certain  acts  and  resolves  for  preventing  intercourse  with  the  enemy. 
As  also  another  act,  passed  July  2d,  1783,  to  carry  into  execution 
an  act  made  in  the  year  1778,  entitled  "  An  act  to  prevent  the 
'return  to  this  State  of  certain  persons  therein  named,  and  others 
'  who  have  left  this  State  or  either  of  the  United  States,  and  joined 
'the  enemies  thereof." 

The  whole  being  transcribed  by  direction  of  his  Excellency  the 
Governor,  in  consequence  of  a  letter  to  him  from  the  honorable 
John  Jay,  Esquire,  Secretary  for  Foreign  Afiairs,  dated  May  3d, 
1786. 

JOHN  AVERY,  Jr.,  Secretary. 


Commonwealth  of  Massachusetts,  in  the  year  of  our  Lord  1784. 

An  Act  for  repealing  two  Laws  of  this  State,  and  for  asserting  the 
right  of  this  free  and  sovereign  Commonwealth  to  expel  such 
Aliens  as  may  be  dangerous  to  the  peace  and  good  order  of 
Government. 

Whereas  it  is  necessarily  incident  to  every  free,  sovereign,  and 
independent  State  to  hold  the  right  of  expelling  from  the  dominions 
thereof  all  aliens  who  possess  dispositions,  or  hold  principles  incom- 
patible with  the  safety  or  sovereignty  of  the  State ;  and  whereas  all 
those  persons  who  have,  since  the  5th  day  of  October,  in  the  year 
1774,  and  before  the  making  the  present  form  of  government  of  this 
Commonwealth,  gone  off  to,  and  taken  the  protection  of,  the 
Government,  or  fleet,  or  army  of  Great  Britain,  are  considered  and 
justly  held  to  be  ahens  to  this  Commonwealth ;  and  whereas  those 
of  them  who  are  named  and  mentioned  in  an  act  of  this  State, 
passed  in  the  year  1779,  entitled  "An  act  to  confiscate  the  estates 
'  of  certain  notorious  conspirators  against  the  government  and 
'liberties  of  the  inhabitants  of  the  late  Province,  now  State,  of 
'Massachusetts  Bay,"  and  all  others  of  them  who  have  borne  arms 


764  JOHN  ADAMS-JOHN  JAY. 

in  the  late  war  against  this  or  either  of  the  United  States,  or  against 
the  allies  of  the  said  State,  or  have  lent  money  to  the  Government  of 
Great  Britain  to  carry  on  the  late  war,  are  justly  deemed  to  hold 
principles,  and  possess  dispositions  incompatihle  with  the  safety  of 
the  Commonwealth,  and,  therefore,  ought  to  be  excluded  from  this 
Commonwealth ;  and  it  being  evident  that  an  indiscreet  admission 
of  the  other  descriptions  of  those  unhappy  people  at  this  period 
might  be  attended  with  disagreeable  and  dangerous  consequences ; 
but  the  laws  made  for  their  exclusion  being  not  calculated  to 
produce  those  measures  which  are  suitable  to  a  state  of  peace  and 
tranquillity: 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  an  act  made  and  passed  in  the  year  1778,  entitled  "  An  act  to 
'  prevent  the  return  to  this  State  of  certain  persons  therein  named, 
'and  others,  who  have  left  this  State,  or  either  of  the  United  States, 
'and  joined  the  enemies  thereof;"  and  also  another  act,  passed  in 
the  year  one  thousand  seven  hundred  and  eighty-three,  entitled  "  An 
'  act  to  carry  into  execution  an  act  made  in  the  year  one  thousand 
'  seven  hundred  and  seventy-eight,  entitled  '  An  act  to  prevent  the 
'  return  to  this  State  of  certain  persons  therein  named,  and  others, 
'  who  have  left  this  State,  or  either  of  the  United  States,  and  joined 
*the  enemies  thereof,'"  be,  and  they  both  are  hereby,  repealed. 

And  be  it  enacted,  That  if  any  of  the  persons  aforesaid,  who  have 
left  this  State,  and  gone  off  to,  and  taken  the  protection  of,  the 
Government,  fleet,  or  army  of  Great  Britain,  and  are  named  in  the 
act  aforesaid,  entitled  "An  act  to  confiscate  the  estates  of  certain 
'notorious  conspirators  against  the  Government  and  liberties  of  the 
'inhabitants  of  the  late  Province,  now  State,  of  Massachusetts  Bay," 
or  have  borne  arms,  or  have  joined  to  the  said  fleet,  army,  or  to  any 
volunteer  corps  of  the  King  of  Great  Britain,  shall  presume  to  return 
to  this  State  to  reside  therein,  it  shall  be  the  duty  of  every  justice  of 
the  peace  to  give  notice  thereof  to  the  Governor;  and  if  such  person 
shall  not,  immediately  upon  the  Governor's  giving  order  therefor, 
depart  the  State,  it  shall  be  the  duty  of  every  justice  of  the  peace  to 
whom  complaint  shall  be  made  thereof,  to  apprehend  such  person, 
and  jiim  commit  to  the  common  jail  of  the  county  where  Ik;  may 
be,  to  be  sent  off  by  the  order  of  the  Governor  with  advice  of 
Council. 


DIPLOMATIC  CORRESPONDENCE.  765 

And  be  it  enacted,  That  no  one  of  any  other  description  of  the 
said  absentees  shall  be  allowed  to  reside  in  this  State,  until  such 
person  shall  obtain  a  license  therefor  from  the  Governor,  with  advice 
of  Council ;  and  if  any  of  the  said  persons  shall  presume  to  reside 
within  this  State,  without  such  license,  he  shall  be  treated  in  the 
same  manner  as  is  provided  by  this  act,  respecting  those  who  have 
borne  arms  against  these  States :  Provided,  also,  That  no  license  so 
given  by  the  Governor,  with  advice  of  Council,  shall  have  any  force 
after  the  end  of  the  next  session  of  the  General  Court  after  the  same 
license  shall  be  granted ;  and  that  the  person  who  shall  obtain  the 
same,  unless  an  act  of  naturalization  shall  be  passed  in  his  favor,  or 
the  said  license  shall  be  approved  at  the  said  session  of  the  General 
Court,  shall  be  treated  in  the  same  manner  as  if  the  said  license  had 
not  been  obtained : 

And  whereas,  by  the  sixth  article  of  the  treaty  lately  made 
between  the  United  States  and  the  King  of  Great  Britain,  it  is 
provided,  that  no  further  confiscation  shall  be  made: 

Be  it  therefore  enacted  by  the  authority  aforesaid.  That  the  lands 
and  buildings  which  any  of  the  persons  aforementioned  held  in  fee- 
simple  or  by  lesser  estate,  on  the  nineteenth  day  of  April,  one 
thousand  seven  hundred  and  seventy-five,  and  which  have  not  by 
the  aforesaid  act,  entitled  "  An  act  to  confiscate  the  estates  of  certain 
'  notorious  conspirators  against  the  Government  and  liberties  of  the 
'inhabitants  of  the  late  Province,  now  State,  of  Massachusetts 
'Bay,"  or  by  judgment  had  on  due  process  of  law  on  such  estates, 
been  confiscated,  or  have  been  pledged  by  Government  for  money 
borrowed,  or  sold  by  agents,  according  to  laws  of  the  State,  for  the 
payment  of  debts  due  from  the  absentees,  or  have  been  made  liable 
to  pay  an  annual  charge  for  the  support  of  any  poor  person,  shall  be 
delivered  up  to  the  persons  who  respectively  owned  such  lands  or 
buildings  last  before  the  19th  of  April,  1775,  or  to  any  persons 
claiming  under  them  respectively :  Provided,  Such  claimers  are  not 
included  in  the  act  aforesaid,  made  in  the  year  1778,  who  shall  have 
the  privilege  of  disposing  of  the  same  at  any  time  within  the  space 
of  three  years  next  coming;  and  any  deed  or  other  conveyance 
made  thereof,  to  any  citizen  of  this  or  either  of  the  United  States, 
shall  be  held  good  and  valid  in  law,  to  convey  the  same  to  all  intents 
and  purposes,  as  fully  and  amply  as  if  such  grantor  was  a  free  citizen 
of  this  Commonwealth  ;  any  law  of  this  Commonwealth  to  the 
contrary  notwithstanding. 


766  JOHN  ADAMS-JOHN  JAY. 

In  the  House  of  Representatives,  March  24,  1784. 

This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

TRISTRAM  DALTON,  Speaker. 

In  Senate,  March  24,  1784. 

This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

SAINIUEL  ADAMS,  President. 
Approved:  jqj^^  HANCOCK. 

.         y'  i  John  Avery,  Jr.,  Secretary. 


Commonwealth  of  Massachusetts,  in  the  year  of  our  Lord  1784. 

An  Act  in  addition  to  an  Act,  made  and  passed  the  present  year, 
entitled  ^' An  Act  for  repealing  two  laws  of  this  State,  and  for 
asserting  the  right  of  this  free  and  sovereign  Commonwealth  to 
expel  such  Aliens  as  may  be  dangerous  to  the  peace  and  good  order 
of  Government. 

Whereas,  in  the  last  paragraph  of  the  act  aforesaid,  provision  is 
made  as  follows  :  "  Provided  such  claimers  are  not  included  in  the 
act  aforesaid,  made  in  the  year  1778:" 

Be  it  further  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  authority  of  the  same.  That 
the  proviso  above  recited  be,  and  hereby  is,  repealed  ;  and  in  lieu 
thereof, 

He  it  enacted.  That  provided  such  claimers  arc  not  included  in 
the  act  aforesaid,  cnliilcd  "  An  act  to  confiscate  the  estates  of 
'certain  notorious  conspirators  against  tlu;  government  and  Hi)erties 
*  of  the  inhabiiaiUs  of  IJU!  lute  Province,  now  State,  of  Massachusetts 
'Bay." 

And  whereas,  by  the  act  aforesaid,  made  and  passed  in  the 
present  year,  no  provision  is  made  respecting  the  real  estates  of  such 
absentees  as  have  been  mortgaged  or  leased  by  order  of  Govern- 
ment : 

lie  it  therefore  enacted  by  the  (tuthority  aforesaid,  That  all  ihoso 
real  estates  which,  on  tiie  H)lh  (hiy  of  April,  in  the  year  1775,  were 
the  property  of  any  person  or  pfTsons,  who  arc  mentioned,  intended, 
or  described  in  an  act  passed  in  the  year  1779,  entitled  "An  act  for 


DIPLOMATIC  CORRESPONDENCE.  767 

confiscating  the  estates  of  certain  persons  commonly  called  absen- 
tees," and  which  estates  have  been  mortgaged  by  order  of  Govern- 
ment, shall  be  considered  as  having  been  confiscated,  saving  only  the 
right  of  redemption  in  the  legal  claimers,  or  in  the  Commonwealth 
where  no  legal  claimant  shall  appear,  upon  paying  and  discharging 
the  mortgage  according  to  the  true  intent  and  spirit  of  the  same, 
which  such  claimants  are  authorized  to  do,  in  the  same  manner  as 
the  Commonwealth  might ;  and  where  such  estates  have  been  leased 
by  order  of  Government,  the  income  and  profit,  use  and  improve- 
ment thereof,  shall  be  considered  as  confiscated  for  the  tenn  of  which 
the  same  is  leased ;  and  the  tenants  shall  hold  the  same  accordingly 
till  the  end  of  the  term,  when  the  claimants  shall  have  the  same ; 
and  that  all  doings  and  proceedings  of  agents  and  committees  on  any 
real  estate  of  an  absentee,  or  a  real  British  subject,  which  has  not 
been  confiscated,  done,  and  had,  according  to  the  laws  and  resolu- 
tions of  Government,  or  which  has  been  done  by  any  other  person 
under  orders  of  any  military  commander,  shall  be  good  and  valid  to 
all  intents  and  purposes. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  all 
the  personal  estate  of  the  persons  aforesaid,  who  left  this  State,  or 
any  other  of  the  United  States,  or  any  of  the  provinces  or  colonies 
of  America,  since  the  5th  day  of  October,  in  the  year  1774,  and 
before  the  making  of  the  present  constitution  or  frame  of  government 
of  this  Commonwealth,  and  went  off  to,  and  took  the  protection  of 
the  Government,  fleet,  or  army  of  Great  Britain,  and  which  personal 
estate  has  been  taken,  sold,  used,  or  disposed  of  by  order  of  Govern- 
ment, shall  be  held,  deemed,  and  taken  to  have  been  confiscated  ; 
and  that  no  person  or  persons  of  the  description  aforesaid  shall  have 
or  maintain  any  action  against  any  committee,  agent,  or  any  person 
whatsoever,  who  has  disposed  of  the  same  in  consequence  of  any 
law,  resolve,  or  order  of  Government,  or  of  the  Provincial  Congress, 
formerly  holden  in  this  then  Province,  or  of  any  order  or  resolve  of 
the  United  States,  or  taken  by  the  order  of  any  military  commander, 
to  the  use  of  this  or  the  United  States ;  and  where  any  action  shall 
be  brought  therefor,  the  party  sued  may  plead  the  general  issue,  and 
give  this  act  in  evidence. 

In  the  House  of  Representatives,  November  10,  1784. 

This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

SAMUEL  A.  OTIS,  Speaker. 


768  JOHN  ADAMS—JOHN  JAY. 

In  Senate,  November  10,  1784. 
This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

SA:\IUEL  ADA:MS,  President, 
Approved : 

JOHN  HANCOCK. 

A  true  copy. )  ,  ^  t       r. 

.  _      >JoHX  Avery,  Jr.,  iSecretary. 


Commonwealth  of  Massachusetts,  in  the  year  of  our  Lord  1783. 

An  Act  limiting  the  continuance  of  certain  Acts  and  Resolves  for 
]}reventing  intercourse  tvith  the  Enemy. 

Whereas  the  grounds  and  principles  of  certain  acts  for  preventing 
commerce  and  coirespondence  with  the  enemies  of  the  United  States 
will  cease  to  operate  at  the  termination  of  the  war : 

Be  it  therefore  enacted  by  the  Senate  and  House  of  Represent- 
atives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
Thiit  an  act  passed  the  3d  of  March,  1781,  entitled  "An  act  for 
'  preventing  all  commerce  and  illegal  correspondence  with  the 
'  enemies  of  the  United  States  of  America  ;''  and  another,  passed  the 
1st  of  May,  1781,  entitled  "An  act  in  addition  to  an  act  entitled 
'  An  act  for  preventing  all  commerce  and  illegal  correspondence  with 
'  the  enemies  of  the  United  States  of  America ;"  and  another  act, 
pasjcd  the  8th  of  IVovember,  178-2,  entitled  ''An  act  in  addition  to 
'  an  act  entitled  '  An  act  in  addition  to  an  act  entitled  an  act  for 
'  preventing  all  commerce  and  illegal  correspondence  with  the 
'  enemies  of  the  United  States  of  America;' "  and  also  every  part  of 
the  resolve  of  the  General  Court  passed  the  8th  day  of  May,  A.  D. 
1782,  respecting  illicit  trade  with  the  enemies  of  the  United  States, 
except  that  paragraph  thereof  which  makes  provision  that  certain 
boats  and  vessels  therein  described  shall  take  permission  from  the 
naval  officer  in  certain  cases  ;  and  another  resolve  passed  the  9th  day 
of  October,  A.  D.  1782,  for  preventing  the  enemy  from  being 
supplied  with  provisions  from  the  shores  on  the  south  side  of  the 
Commonwealth,  siiall,  from  and  after  the  time  at  whicii  the  United 
States,  in  Congress  assembled,  shall  cause  declaration  to  he  made 
that  peace  has  taken  place  between  France,  Great  Britain,  and  the 
United  Slates,  be  repealed,  and  every  article  and  clause  of  the  before 


DIPLOMATIC  CORRESPONDENCE.  769 

recited  acts  shall  thereupon  become  null  and  void  to  every  intent 
and  purpose,  save  only  of  being  used  to  support  any  action  or 
process  that  may  have  been  commenced  before,  and  pending  at  the 
time  when,  the  said  acts  and  resolves  are  to  cease. 

In  the  House  of  Representatives,  May  25,  1783. 
This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

TRISTRAM  DALTON,  Speal<:er. 

In  Senate,  March  25,  1783. 
This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

SAMUEL  ADAMS,  President. 
Approved : 

JOHN  HANCOCK. 

True  copy. )  t      r, 

A         .     >  John  Avery,  Jr.,  Secretary. 


Commonwealth  of  Massachusetts,  in  the  year  of  our  Lord  1783. 

An  Act  to  carry  into  execution  an  Act  made  in  the  year  1778,  entitled 
"An  Act  to  prevent  the  return  to  this  State  of  certain  Persons 
therein  named,  and  others,  who  have  left  the  State  or  either  of 
the  United  States,  and  joined  the  enemies  thereof.^'' 

Whereas,  by  the  act  above  mentioned,  it  is  provided  that  certain 
persons  therein  named  and  described  should  be  sent  out  of  the 
State  by  the  Board  of  War ;  and  the  same  Board  hath  since  been 
discontinued,  by  means  whereof  there  are  no  persons  now  in  the 
Commonwealth  who  are  empowered  to  carry  the  same  act  into 
effectual  execution : 

j5e  it  therefore  enacted  hy  the  Senate  and  House  of  Represent- 
atives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  in  case  any  person  now  stands  committed  by  any  magistrate, 
or  hereafter  shall  be  committed  to  any  jail  in  this  Commonwealth, 
by  two  justices  of  the  peace,  in  pursuance  of  the  act  aforesaid,  such 
magistrate  or  justices  shall  immediately  certify  the  same  commitment 
to  the  Governor  of  the  Commonwealth,  who  shall  immediately,  or  as 
soon  as  may  be,  at  the  expense  of  the  Commonwealth,  cause  such 
persons  so  committed  to  be  transported  to  some  part  or  place  within 
the  dominions  of  the  King  of  Great  Britain ;  and  if  such  person  so 
Vol.  n.— 49 


770  JOHN  ADAMS-JOHN  JAY. 

transported  shall  voluntarily  return  again  to  this  Commonwealth,  and 
be  thereof  convicted  before  the  supreme  judicial  court,  such  person 
shall  suffer  the  same  pains  and  penalty  as  are  provided  in  the  said 
act,  in  case  any  such  person  should  return  into  this  State,  after  being 
transported  out  of  the  same  by  the  Board  of  War,  according  to  the 
directions  of  the  said  act. 

Be  it  further  enacted,  That  when  any  such  person  shall  be 
committed  by  two  justices  of  the  peace,  or  taken  into  custody  by 
order  of  the  Governor,  to  be  sent  out  of  this  State,  no  writ  of  replevin 
to  replevy  such  person  shall  be  served,  nor  shall  any  action  on  such 
writ  be  prosecuted,  brought  forward,  or  supported ;  and  every  service 
of  such  writ  shall  be  utterly  void,  and  the  officer  who  shall  presume 
to  execute  the  same  shall  be  liable  to  a  fine  of  one  hundred  pounds, 
and  be  incapable  forever  thereafter  of  serving  or  executing  any  other 
writ  or  precept. 

And  be  it  further  enacted  hy  the  authority  aforesaid,  That  this 
act  shall  continue  and  be  in  force  until  the  recommendation  of  Con- 
gress, mentioned  in  the  preliminary  articles  agreed  upon  between  the 
United  States  of  America  and  Great  Britain,  shall  be  laid  before  the 
General  Court,  and  a  final  determination  be  had  thereon,  and  no 
longer. 

In  the  House  of  Rcprescntitives,  July,  2d,  1783. 

This  bill  having  had  three  several  readings,  passed  to  be  enacted. 

TRISTRAM  DALTON,  S])eaker. 

In  Senate,  July  2d,  1763. 

This  bill  having  had  two  several  readings,  passed  to  be  enacted. 

SAMUEL  ADAMS,  President. 

A  if    t  •     (  ^^^^  Avery,  Jr.,  Secretary. 


Commonwealth  of  Massachusetts,  in  Senate,  November  9th,  1784. 

Whereas,  the  piiynicnt  of  interest  which  might  have  accrued 
during  the  late  war  upon  debts  du(!  from  th(!  citizens  of  this  or  any  of 
iIh;  United  States,  prior  to  the  commencement  of  the  same,  to  real 
British  subjects,  and  others  commonly  called  absentees,  would  be 


DIPLOMATIC  CORRESPONDENCE  771 

fiot  only  inequitable  and  unjust,  but,  the  Legislature  of  this  Com- 
monwealth conceiv^es,  repugnant  to  the  spirit  and  intendment  of 
the  fourth  article  in  the  treaty  of  peace,  which  provides  only  for 
the  payment  of  bona  Jide  debts ;  and  as  the  Legislature  have  taken 
measures  to  obtain  the  sense  of  Congress  upon  the  said  article,  so 
far  as  the  same  respects  the  payment  of  interest  which  might  have 
accrued  as  aforesaid,  and,  in  the  mean  time,  judgments  may  be 
obtained  in  some  of  the  courts  of  law  within  this  Commonwealth  for 
interest  accruing  as  aforesaid,  contrary  to  the  true  design  of  the  said 
treaty:  Therefore, 

Resolved,  That  in  all  actions  or  suits  which  are  or  may  be 
instituted  or  brought  to  any  of  the  judicial  courts  within  the  Com- 
monwealth, wherein  any  real  British  subject  or  absentee  is  plaintiff 
or  defendant,  and  which  actions  or  suits,  by  the  laws  thereof,  are 
sustainable  therein,  the  justices  of  the  same  courts  are  hereby 
severally  directed  to  suspend  rendering  judgment  for  any  interest 
that  might  have  accrued  upon  the  demand  contained  in  such  actions 
or  suits  between  the  19th  day  of  April,  1775,  and  the  20th  day  of 
January,  1783,  until  the  third  Wednesday  of  the  next  sitting  of  the 
General  Court:  Provided  always,  That  if,  in  any  such  actions 
or  suits,  the  plaintiff  shall  move  for,  or  by  default  have,  right  to 
judgment,  then,  and  in  such  case,  the  justices  aforesaid  shall  cause 
judgment  to  be  entered  for  the  principal  sum,  which,  by  the  laws  of 
this  Commonwealth,  such  plaintiff  shall  be  entitled  to  recover,  and 
all  such  interest  as  accrued  thereon  before  the  said  19th  day  of 
April,  and  subsequent  to  said  20th  day  of  January,  and  execution 
shall  issue  accordingly ;  and  if  Congress  shall  hereafter  determine 
that  the  interest  which  might  have  accrued  on  any  bona  Jide  debt 
aforesaid  during  the  war,  ought  by  the  treaty  aforesaid,  to  be 
considered  as  a  part  of  such  debt,  then  the  said  courts,  respectively, 
shall  proceed  to  enter  a  further  judgment  for  the  amount  of  all  such 
last-mentioned  interest,  without  any  new  process,  and  issue  execution 
for  such  further  sum  accordingly ;  and  all  attachments  made,  or  bail 
given,  upon  any  action  instituted  as  aforesaid,  shall  be  holden  to 
respond  the  final  judgment  that  may  be  given  for  the  amount  of 
such  last-mentioned  interest. 

Sent  down  for  concurrence. 

SAMUEL  ADAMS,  President. 


772  JOHN  ADAMS-JOHN  JAY 

In  the  House  of  Representatives,  November  10,  1784. 

Read  and  concurred  in.  SA^MUEL  A.  OTIS,  Speaker. 

Approved:  JOHN  HANCOCK. 

P)  •  f  John  Avery,  Jr.,  Secretary. 
Attest :       > 


Commonwealth  of  Massachusetts,  in  Senate,  November  9th,  1784. 

Ordered,  That  the  Delegates  representing  this  Commonwealth 
in  the  United  States  in  Congress  assembled,  be,  and  they  hereby 
are,  instructed  to  desire  of  Congress  their  sense  on  the  following 
questions,  viz: 

Whether  it  will  consist  with  the  treaty  of  peace  subsisting  between 
Great  Britain  and  the  United  States  of  America,  for  the  Legislature 
of  this  Commonwealth  to  pass  an  act  debarring  British  subjects,  and 
those  persons  who  left  the  late  Province  of  Massachusetts  Bay  after 
the  5th  of  October,  1774,  and  before  the  establishment  of  the  present 
constitution  of  this  Commonwealth,  and  took  the  protection  of  the 
King  of  Great  Britain,  or  of  his  Government,  fleet,  or  army,  or  either 
of  them,  from  recovering  any  interest  which  may  be  supposed  to 
have  accrued  during  the  war  on  debts  contracted  before  the  war  ? 

And  that  tiie  said  delegates  be  further  instructed,  in  the  name  and 
behalf  of  this  Commonwealth,  to  request  of  Congress  their  sense  of 
the  meaning  of  the  words  "  bona  fide  debts,"  as  mentioned  in  the 
fourth  article  of  the  treaty  of  peace ;  and  particularly  whether  the 
same  are  intended,  and  ought  to  be  construed,  to  include  the  interest 
that  would  have  accrued  thereon,  had  not  the  war  intervened  ;  and 
to  communicate  to  the  Legislature  of  this  Connnonwealth  the  doings 
of  Congress  thereon,  as  soon  as  may  be. 

Sent  down  for  concurrence. 

SAMUEL  ADAMS,  rrcsidcnt. 

In  the  House  of  Rcproscntutivcfl,  November  lOtli,  1784. 

Read  and  concurred  in.  SAMUEL  A.  OTIS,  Speaker. 

Approved:  JOHN  HANCOCK. 

True  copy.    )  ,  .  t        c        ., 

Alte  I-       ^''^"^  AvFRY,  Jr.,  Ciccrctary. 


DIPLOMATIC  CORRESPONDENCE.  773 

Commonwealth  of  Massachusetts,  in  the  House  of  Representatives, 
February  5th,  1785. 

Whereas  the  resolve  passed  the  10th  day  of  November  last,  direct- 
ing the  common-law  courts  to  suspend  rendering  judgment  for  interest 
on  actions  brought  by  real  British  subjects  or  absentees,  to  the  third 
Wednesday  of  the  present  session  of  the  General  Court,  expired  on 
the  2d  day  of  February  instant :  and  whereas  the  Legislature  have 
not  as  yet  obtained  the  sense  of  Congress  upon  the  fourth  article  in 
the  treaty  of  peace,  which  provides  only  for  the  payment  of  bona  fide 
debts,  being  necessary  for  that  purpose :  Therefore, 

Resolved,  That  the  said  resolution  of  the  10th  of  November  last 
be,  and  hereby  is  declared  to  be,  continued  in  full  force,  and  shall 
operate  in  all  cases  as  fully,  until  the  further  order  of  the  General 
Court,  as  the  said  resolution  of  the  10th  day  of  November  last  might 
have  operated  previous  to  the  third  Wednesday  of  the  present 
session  of  the  General  Court. 

Sent  up  for  concurrence. 

SAMUEL  A.  OTIS,  Spealcer. 

In  Senate,  February  7th,  1785. 

Read  and  concurred  in.  SAMUEL  ADAMS,  President. 

True 


Atte  f     M^^^  Avery,  Jr.,  Secretary. 


FROM   JOHN    COLLINS    TO    JOHN   JAY. 

Newport,  September  4,  1786. 

Sir, 
Your  first  letter,  requesting  information  of  the  measures  of  this 
State,  respecting  the  treaty  of  peace  between  the  L^nited  States  and 
Great  Britain,  hath  been  by  the  Legislature  referred,  and  the  report 
is  not  made ;  however,  be  pleased  to  be  informed,  that  upon  the 
treaty,  and  the  consequent  ratification  of  Congress  being  presented 
to  the  General  Assembly,  they  immediately  requested  the  Governor 
to  make  known  the  contents  thereof  to  all  the  citizens,  by  proclama- 
tion, under  the  authority  of  the  State,  requiring  a  strict  compliance 
therewith.     This   was   done.     All  prosecutions    against  absentees, 


774  JOHN  ADAMS— JOHN  JAY. 

and  others,  for  the  part  they  had  taken  in  the  war,  that  had  not  been 
finished,  were  immediately  nuUified,  and  no  further  confiscations  have 
taken  place.  All  persons  residing  under  the  protection  of  the  treaty, 
and  that  have  applied  to  the  Legislatures  for  the  restitution  of 
property,  or  the  rights  of  citizenship,  denization,  or  even  the  capacity 
of  prosecuting  actions  or  suits  at  law,  have  been  heard,  and  in  most 
instances  their  requests  have  been  granted.  The  laws  from  that 
moment  have  been,  and  still  are,  open  to  British  subjects  to  recover 
their  debts,  in  the  same  manner  as  to  citizens  of  the  State.  In  short, 
the  treaty,  in  all  its  absolute  parts,  has  been  fully  complied  with ; 
and  to  those  parts  that  are  merely  recommendatory,  and  depend 
upon  the  legislative  discretion,  the  most  candid  attention  has  been 
paid. 

I  have  the  honor  of  being,  he,  JOHN  COLLIINS. 


State  of  Rhode   Island  and  Providence   Plantations,  in  General 
Assembly,  September  session,  A.  D.  1787. 

Be  it  enacted  by  the  General  Assembly,  and  by  the  authority 
thereof  it  is  hereby  enacted,  That  the  treaty  of  peace  entered  into 
between  the  United  States  of  America  and  his  Britannic  Majesty 
is  fully  binding  upon  all  the  citizens  of  this  State,  as  a  law  of  the 
land,  and  is  not  in  any  respect  to  be  receded  from,  misconstrued,  or 
violated. 

\\hnels^^'  \  ^^'  ^'  SHERBURNE,  Dy.  Secretary. 


FROM  SAMUEL  HUNTINGDON  TO  JOHN  JAY. 

Council  Chamber,  Hartford,  June  12,  1786. 
Sir, 
Your  h'ltcr  of  the  3d  ultimo,  addressed  to  the  Governor  of  Con- 
necticut, requesting  information  whether,  and  how  far,  this  State  has 
complied   with   the  recommoiidation   of  Congress,  pursuant  to   the 
treaty  of  peace  witii  Great  Britain,  hath  been  received. 

In  compliance  with  your  request,  I  have  the  satisfaction  to  inform 
vou  lijai  the  statutes  of  this  Slate  have  all  been  revised  since  the 


DIPLOMATIC  CORRESPONDENCE.  775 

peace;  and  all  penal  laws  which  subjected  any  person  to  prose- 
cution by  reason  of  any  part  he  had  taken  during  the  war,  were 
repealed.  The  whole  code,  as  revised,  are  transmitted  to  Congress. 
By  examining  those  acts,  you  may  obtain  the  best  possible  informa- 
tion on  this  article.  There  is  nothing  in  them,  we  apprehend, 
inconsistent  with  the  spirit  and  intent  of  the  treaty. 

This  State  has  never  confiscated  any  estate  belonging  to  real 
British  subjects,  or  had  any  law  existing  that  would  warrant  such 
confiscation. 

Where  confiscations  had  taken  place  against  citizens  of  the  United 
States  who  resided  in  districts  in  the  possession  of  the  British  during 
the  war,  but  had  not  borne  arms,  some  of  them,  on  application, 
have  obtained  a  restitution  of  their  estates ;  and  we  have  no  law  now 
existing  to  prohibit  any  person  from  making  the  like  application,  or 
residing  among  us  for  that  purpose. 

The  sixth  article  of  the  treaty  was  immediately  observed.  On 
receiving  the  same,  with  the  proclamation  of  Congress,  the  courts  of 
justice  adopted  it  as  a  principle  of  law.  No  further  prosecutions 
were  instituted  against  any  person  who  came  within  that  article,  and 
all  such  prosecutions  as  were  then  pending  were  discontinued,  so  far 
as  my  knowledge  or  information  extends.  And  I  am  satisfied  it  was 
universally  the  case  with  respect  to  all  persons  who  claim  the  benefit 
of  these  articles.  I  may  add,  in  general  terms,  that  the  Legislature 
of  this  State,  and  the  executive  courts,  have  religiously  adhered  to 
the  treaty,  and  in  no  instance,  as  we  conceive,  contravened  any 
article  therein  contained. 

I  have  the  honor  to  be,  he, 

SAMUEL  HUNTINGTON. 


At  a  General  Assembly  of  the  State  of  Connecticut,  holden  at  Hart- 
ford on  the  second  Thursday  of  May,  A.  D.  1787. 

Whereas,  the  United  States  in  Congress  assembled  have,  by  their 
resolution  of  the  13th  of  April,  1787,  recommended  to  the  several 
States  to  repeal  all  such  acts  and  parts  of  acts  of  their  several  Legis- 
latures as  may  be  now  existing  in  any  of  the  said  States  repugnant 
to  the  treaty  of  peace  between  the  United  States  and  Great  Britain ; 
and  that  each  State  pass  such  act  of  repeal,  whether  any  such 
exceptional  act  is  existing  in  such  State  or  not,  and  that  rather  by 


776  JOHX  ADAMS-JOHN  JAY. 

describij^ig  than  reciting  such  act,  for  the  purpose  of  obviating  all 
disputes  and  questions  between  the  United  States  and  Great  Britain 
relative  to  said  treaty :  And  although  there  hath  been  no  complaint 
or  suggestion,  officially  or  otherwise,  that  there  is  any  act,  or  part  of 
an  act,  existing  in  this  State  repugnant  to  said  treaty,  yet  this 
Assembly,  being  at  all  times  disposed  to  conform  to  the  true  intent 
and  spirit  of  the  Articles  of  Confederation,  and  to  prevent  and 
remove  (so  far  as  to  this  Assembly  doth  appertain)  all  causes  of 
dispute  and  contention,  and  every  just  ground  of  complaint,  have 
thought  fit  to  enact : 

Be  it  enacted  by  the  Governor,  Council,  and  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same,  That  such 
of  the  acts,  or  parts  of  acts,  of  the  Legislature  of  this  State,  as  are 
repugnant  to  the  treaty  of  peace  between  the  United  States  and  his 
Britannic  Majesty,  or  any  article  thereof,  shall  be,  and  hereby  are, 
repealed. 

And  be  it  further  enacted  by  the  authority  aforesaid.  That  the 
courts  of  law  and  equity  within  this  State  be,  and  they  hereby  are, 
directed  and  required,  in  all  causes  and  questions  cognizable  by 
them  respectively,  and  arising  from  or  touching  said  treaty,  to  decide 
and  adjudge  according  to  the  tenor,  true  intent,  and  moaning  of  the 
same,  anything  in  the  said  acts,  or  parts  of  acts,  to  the  contrary 
thereof  in  anywise  notwithstanding. 

A  true  copy  of  record.     Examined  by 

GEORGE  WYLLIS,  Secretary. 


FROM  WILLIAM  LIVINGSTON  TO  JOHN  JAY. 

Elizabcth-Town,  June  15,  178G. 
Sir, 

I  have  been  honored  with  your  letter  of  the  3d  jNIay,  informing  me 
that  Congress  has  been  pleased  to  order  that  you  should  "  report 
'  particularly  and  specially  how  far  the  several  States  have  complied 
'with  the  proclamation  of  Congress  of  the  14th  January,  1781,  and 
'  th(!  reconnnendation  accompanying  the  same,  pursuant  to  the 
'  definitive  treaty  of  peace  between  the  United  States  of  America 
'and  (irf-al  Britain,"  and  requesting  me  to  inform  you  whetluM",  and 
liow  far  ili(!  Stale  of  New  .Jersey  has  complied  with  tlie  recom- 
mendation in  question.     In  answer  to  which,  1  can  only  inform  you, 


DIPLOMATIC  CORRESPONDENCE.  777 

in  general,  that  I  do  not  know  of  a  single  instance  in  which  tlie  State 
has  not  strictly  complied  with  the  said  proclamation  as  well  as  with 
the  said  recommendation,  as   far  as  by  the  said   treaty  the  United 
States  were  bound  to  comply  with  such  recommendation. 
I  have  the  honor  to  be,  &lc., 

WILLIAM  LIVINGSTON. 
The  Honorable  John  Jay,  Esq. 


FROM   GEORGE    CLINTON    TO    JOHN   JAY. 

New  York,  July  20,  1786. 
Sir, 
In  compliance  with  your  letter  of  the  3d  of  May  last,  I  have  the 
honor    to    transmit  you,  enclosed,  extracts    from    the    Journals    of 
the  Assembly  of  this  State,  containing  the  information  required. 
And  am,  with  great  respect,  Sic, 

GEORGE  CLINTON. 
The  Honorable  John  Jay,  Esq. 


In  Assembly,  January  31,  1784. 

A  Message  from  his  Excellency  the  Governor  to  the  Legislature 
(transmitted  to  this  House  by  the  honorable  the  Senate)  was  read, 
and  in  the  words  following,  to  wit : 

"  Gentlemen, 

"  It  is  with  pleasure  I  embrace  the  earliest  opportunity  of  laying 
^  before  you  a  proclamation  of  the  United  States  in  Congress 
'  assembled,  under  their  seal,  dated  I4th  day  of  January  instant, 
'  announcing  the  ratification  of  the  definitive  articles  of  peace  and 
'friendship  between  those  States  and  his  Britannic  Majesty,  and 
'  enjoining  a  due  observance  thereof. 

"  I  also  submit  to  your  consideration  the  recommendation  of  the 
'United  States  in  Congress  assembled,  in  conformity  to  the  said 
'articles  contained  in  their  resolution  of  the  said  14th  day  of  January 

'  instant. 

"GEORGE  CLINTON. 

"New  York,  January  30,  1784." 

The  papers  which  accompanied  the  said  Message  of  his  Excellency 
the  Governor,  were  also  read. 


778  JOHN  ADAMS-JOHN  JAY. 

Ordered,  That  the  said  Message  of  his  Excellency  the  Governor, 
and  the  papers  which  accompanied  the  same,  be  committed  to  a 
Committee  of  the  Whole  House. 


In  Assembly,  March  31,  1784. 

Copies  of  certain  Resolutions  of  the  honorable  the  Senate,  delivered 
by  Mr.  Schuyler,  were  read  in  the  words  following,  viz : 

''Resolved,   (if   the  honorable  the    House  of  Assembly  concur 

<  therein,)  That  it  appears  to  this  Legislature  that  in  the  progress  of 

<  the  late  war  the  adherents  of  the  King  of  Great  Britain,  instead  of 
'  being  restrained  to  fair  and  mitigated  hostilities,  which  only  are 
'  permitted  by  the  law  of  nations,  have  cruelly  massacred,  without 
'regard  to  age  or  sex,  many  of  our  citizens,  and  wantonly  desolated 
*  and  laid  waste  a  very  great  part  of  this  State,  by  burning  not  only 
'single  houses  and  other  buildings  in  many  parts  of  this  State,  but 
'  even  whole  towns  and  villages,  and  destroying  other  property 
'  throughout  a  great  extent  of  country,  and  in  enterprises  which  had 
'nothing  but  vengeance  for  their  object. 

"  And  that,  in  consequence  of  such  unwarrantable  operations, 
'great  numbers  of  the  citizens  of  this  State  have,  from  affluent 
'circumstances,  been  reduced  to  poverty  and  distress. 

"  Resolved,  That  it  appears  to  this  Legislature  that  divers  of  the 
'  inhabitants  of  this  State  have  continued  to  adhere  to  the  King  of 
'  Great  Britain  after  these  States  were  declared  free  and  independent, 
'and  persevered  in  aiding  the  said  King,  his  fleet  and  armies,  to 
'subjugate  these  United  States  to  bondage. 

'■  Resolved,  That  as,  on  the  one  hand,  the  rules  of  justice  do  not 
'  require,  so,  on  the  other,  the  public  tran(|uillity  will  not  permit,  that 
'  sucii  adherents  who  have  been  attainted  should  be  restored  to  the 
'rights  of  citizenship. 

"  And  that  there  can  be  no  reason  for  restoring  property  which  has 
'  been  confiscated  or  forfeited,  the  more  especially  as  no  compensation 
'  is  ofll-red,  on  the  part  of  the  said  King  and  his  adherents,  for  the 
'  damages  sustained  by  this  State  and  its  citizens  from  the  desolation 
'  afortjsaid : 

'•  Resolved,  therefore.  That  while  this  Legislature  entertain  the 
'highest  s(;nse  of  national  honor,  of  the  sanction  of  treaties,  and  of 
'thr-  df-n.-reiice  which  is  due  to  the  advice  of  the  United  States  in 
'Congress  assembled,  they  find  it  iucoasistent  with   their  duty  to 


DIPLOMATIC  CORRESPONDENCE.  779 

'comply  with  the  recommendation  of  the  said  United  States  on  the 
'  subject-matter  of  the  fifth  article  of  the  definitive  treaty  of  peace." 

Resolved,  That  this  House  do  concur  with  the  honorable  the 
Senate  in  the  said  resolutions. 

Ordered,  That  Mr.  Gordon  and  JMr.  Scott  deliver  a  copy  of 
the  last  preceding  resolution  of  concurrence  to  the  honorable  the 
Senate. 

State  of  Neav  York,  55  ; 

I  certify  that  the  foregoing  are  true  extracts  from  the  Journals  of 
the  Assembly,  this  19th  day  of  July,  1786. 

ISAAC  VAN  CLECK,  Clerk, 
For  John  McKesson. 


An  Act  to  repeal  part  of  An  Act  entitled  "  An  Act  for  granting 
a  more  effectual  relief  in  cases  of  certain  Trespasses,"  passed 
April  4th,  1787. 

Be  it  enacted  by  the  people  of  the  State  of  New  YorJc,  repre- 
sented in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
authority  of  the  same,  That  so  much  of  the  act  aforesaid  as  is 
contained  in  the  words  following,  to  w  it :  "  And  if  any  such  action 
'shall  be  brought  in  any  inferior  court  within  this  State,  the  same 
'  shall  be  finally  determined  in  such  court ;  and  every  such  action 
'shall  be  considered  as  a  transitory  action;  that  no  defendant  or 
'  defendants  shall  be  admitted  to  plead,  in  justification,  any  military 
'order  or  command  whatever,  of  the  enemy,  for  such  occupancy, 
'injury,  destruction,  purchase,  or  receipt,  nor  to  give  the  same  in 
'evidence  on  the  general  issue,"  be,  and  the  same  is  hereby, 
repealed. 

An  Act  to  amend  An  Act  entitled  '•'  An  Act  relative  to  Debts  due 
to  persons  within  the  Enemy's  lines ;"  and  another  Act,  entitled 
"  An  Act  to  explain  and  amend  the  Act  entitled  '  An  Act  relative 
to  Debts  due  to  persons  within  theEnemfs  lines,'  passed  the  12th 
July,  1182,"  passed  20th  April,  1787. 

Be  it  enacted  by  the  people  of  the  State  of  New  Yorlc,  repre- 
sented in  Senate  and  Assembly,  and  it  is  hereby  enacted  by  the 
authority  of  the  same,  That  all  persons  described  in  the  fifth  section 


780  JOHN  ADAMS— JOHN  JAY. 

of  the  said  first-mentioned  act,  and  the  executors  and  administrators 
of  such  persons,  indebted  by  simple  contract,  bill,  single  or  penal,  or 
any  other  obligation,  mortgage,  security,  or  demand  whatsoever,  to 
any  person  or  persons  described  in  the  said  fifth  section  of  the  act 
aforesaid,  or  to  the  executors  or  administrators  of  such  person  or 
persons,  shall  be,  and  hereby  are,  discharged  from  any  interest  which 
may  have  become  due  upon  any  such  contract,  bill,  obligation, 
mortgage,  or  securities,  since  the  1st  day  of  January,  1776,  inclusively, 
to  the  1st  day  of  May,  in  the  year  1786:  Provided,  That  nothing 
in  this  clause  contained  shall  be  deemed  to  operate  as  a  discharge  of 
any  interest  which  may  have  accrued  on  any  such  bill,  obligation, 
mortgage,  or  other  security,  executed  since  the  1st  day  of  January, 
1777. 

II.  And  be  it  further  enacted  by  the  authority  aforesaid,  That 
the  said  persons  so  indebted  as  aforesaid,  their  executors  or  adminis- 
trators, shall  be  obliged  to  pay  the  debts  or  sums  by  them  owing 
(after  such  deduction  of  interest  as  aforesaid)  to  the  person  or  persons 
aforesaid,  their  executors  or  administrators,  in  the  lawful  current 
money  of  this  State,  in  three  yearly  instalments,  and  not  otherwise, 
to  wit:  one  third  part  thereof  on  or  before  the  1st  day  of  May,  in 
the  year  1788;  another  third  part  thereof  on  or  before  the  1st  day  of 
May,  in  the  year  1789 ;  and  the  other  third  part  thereof  on  or  before 
the  1st  day  of  May,  in  the  year  1790;  with  interest  upon  the  amount 
of  such  debts  or  sums  now  due  (after  sucii  deduction  as  aforesaid) 
from  the  said  first  day  of  May,  in  the  said  year  1786,  any  law, 
contract,  or  usage  to  the  contrary  thereof  in  anywise  notwithstanding: 
Provided  always,  That  in  case  default  shall  be  made  in  the  payment 
of  either  of  the  said  yearly  instalments,  and  not  sooner,  it  shall  be 
lawful  for  the  creditor  or  creditors  of  the  person  or  persons  making 
such  default  to  prosecute  for  his,  her,  or  their  debt  or  demand,  in  the 
same  manner  as  if  this  act  and  the  acts  hereinbefore  mentioned 
had  never  been  passed  ;  but  there  shall  not  be  levied,  by  virtue  of 
any  execution,  upon  any  judgment,  sentence,  or  decree  thereupon 
obtained,  any  other  or  greute-r  sum  than  the  amount  of  the  instalment 
or  instalments,  with  the  interest  thereon,  in  respect  to  whieh  default 
shall  have  been  made ;  and  no  foreclosure  of  any  mortgage  shall 
operate  as  a  bar  to  any  equity  of  r(;deniption,  until  after  the  said  1st 
day  of  May,  in  the  said  year  1790;  but  it  shall  bo  lawful  in  every 
such  caso  for  the  chancellor  to  direct  a  sale  of  so  much  of  the  said 
mortgaged  premises  as  will  be  sufiicient  to  satisfy  the  instalment  or 


DIPLOMATIC  CORRESPONDEXCE,  781 

instalments  which  shall  have  become  due,  and  the  interest  thereon  : 
Provided  also,  That  the  said  time  given  as  aforesaid  for  the  payment 
of  such  debts  or  demands  in  cases  where  the  creditor  or  creditors  has 
or  have  no  mortgage  or  other  security  upon  any  lands,  tenements,  or 
hereditaments,  shall  be,  and  the  same  hereby  is,  upon  the  express 
condition  that  the  debtor  or  debtors,  his,  her,  or  their  heirs,  executors, 
or  administrators  (as  the  case  may  be)  shall,  within  six  months  from 
the  passing  of  this  act,  either  give  to  the  creditor  or  creditors  good 
real  or  personal  security  for  the  amount  of  the  debt  or  demand,  to 
the  satisfaction  of  such  creditor  or  creditors,  or  shall  deposite  with  or 
tender  to  such  creditor  or  creditors,  if  within  this  State,  and  to  be 
found,  or,  if  not  within  this  State,  in  the  hands  of  the  Treasurer 
of  this  State,  for  the  benefit  of  such  creditor  or  creditors,  by  way 
of  collateral  security  for  his,  her,  or  their  debt  or  demand,  the  full 
amount  of  the  principal  and  interest  thereof,  without  such  deduction 
as  aforesaid,  in  the  certificates  issued  or  to  be  issued  by  the  Treasurer 
of  this  State ;  in  default  whereof,  it  shall  be  lawful  for  such  creditor 
or  creditors  to  prosecute  for  his,  her,  or  their  debt  or  demand  in  the 
same  manner  as  if  this  act,  or  the  acts  hereby  intended  to  be 
amended,  had  never  been  passed :  Provided  further,  That  if  such 
creditor  or  creditors  shall  be  willing  to  accept  the  payment  of  the 
whole  of  the  principal  and  interest  of  his,  her,  or  their  debt  or 
demand,  without  such  deduction  as  aforesaid,  in  any  of  the  certificates 
or  sureties  aforesaid,  and  shall  notify  the  same  to  his,  her,  or  their 
debtor  or  debtors;  and  if  such  debtor  or  debtors  shall  not  make 
payment  according  to  such  notification,  within  six  calendar  months 
thereafter,  then,  and  in  every  such  case,  it  shall  be  lawful  for  such 
creditor  or  creditors  to  proceed  in  the  same  manner  as  if  this  act,  or 
the  acts  hereby  intended  to  be  amended,  had  never  been  passed : 
And  provided  further,  That  nothing  herein  contained  shall  be 
construed  to  extend  to  any  persons,  creditors,  or  debtors,  not  compre- 
hended in  the  acts  aforesaid,  except  in  cases  of  the  assignment  of 
any  bond,  bill,  obligation,  mortgage,  security,  or  demand  whatsoever, 
made  to  any  person  or  persons  whomsoever,  by  any  person  who 
has  remained  with,  gone  into,  or  was  sent  within,  the  enemy's  lines 
during  the  late  war :  And  provided  further ,  That  the  same  shall  be 
deemed  to  extend  to  the  executors  and  administrators  of  all  such 
persons  being  now  deceased,  to  whom  the  same  would  extend  if  such 
persons  were  in  full  life,  whether  the  said  persons  died  before  or 
since  the  passing  of  the  said  first-mentioned  act:  Provided  ncvcrthe- 


78-2  JOHN  ADAMS-JOHN  JAY. 

less,  That  the  same  shall  not  be  deemed  to  extend  to  any  subjects 
of  the  King  of  Britain  comprehended  in  the  treaty  of  peace  between 
the  United  States  of  America  and  the  said  King. 

III.  And  he  it  further  enacted  by  the  authority  aforesaid,  That 
all  such  parts  of  the  said  acts  last  mentioned  as  are  in  anywise 
repugnant  to  the  true  intent  and  meaning  of  this  act  be,  and  the 
same  are  hereby,  repealed. 


DELAWARE. 

At  a  session  of  the  General  Assembly,  commenced  at  Dover  on 
the  20th  day  of  October,  1787,  and  continued  by  adjournment  to 
the  2d  day  of  February  following,  inclusive,  the  following  acts  were 
passed,  that  is  to  say  : 

An  Act  for  repealing  all  Acts,  or  parts  of  Acts  repugnant  to  the 
Treaty  of  Peace  between  the  United  iStates  and  his  Britannic 
Majesty,  or  any  article  thereof* 

Whereas  certain  laws  or  statutes  made  and  passed  in  some  of  the 
United  States  are  regarded  and  complained  of  as  repugnant  to  the 
treaty  of  peace  with  Great  Britain,  by  reason  whereof  not  only  the 
good  faith  of  the  United  States,  pledged  by  that  treaty,  has  been 
drawn  into  question,  but  their  essential  interests  under  that  treaty 
greatly  affected :  And  whereas  justice  to  Great  Britain,  as  well  as 
regard  to  the  honor  and  interests  of  the  United  States,  require  that 
the  said  treaty  be  faithfully  executed,  and  that  all  obstacles  thereto, 
and  particularly  such  as  do  or  may  be  construed  to  proceed  from  the 
laws  of  this  State,  be  effectually  removed :  Therefore, 

Be  it  enacted  by  the  General  Assembly  of  Delaware,  and  it  is 
hereby  enacted  by  the  authority  of  the  same.  That  such  of  the  acts 
or  parts  of  acts  of  the  legislation  of  this  State  as  are  repugnant  to 
the  treaty  of  peace  between  the  United  States  and  his  Britannic 
Majesty,  or  any  article  thereof,  shall  be,  and  hereby  are,  repealed. 
And,  further,  that  the  courts  of  law  and  equity  within  this  State 
be,  and  they  hereby  are,  directed  and  required,  in  all  causes  and 
questions  cognizable    by   them  respectively,   and   arising    from    or 

•  Note. — ^Thc  act  of  Delaware  was  passed  subsequent  to  the  transmission  of  the 
olliir  Slate  documcnta  Ijy  Mr.  Jay  to  Mr.  Adams.  Being  on  the  same  sulijcct,  and 
hnvinrj  place  amonjj  tlie  record.s,  it  in  deemed  prftpcr  to  give  it  an  insertion.  For 
tlx:  Hnme  fcaifon,  the  papers  from  Virginia,  and  North  and  Soulli  Carolina  arc 
publiahcd.    Nothing  oppcoro  on  record  from  cillicr  Pennsylvania  or  Georgia. 


DIPLOMATIC  CORRESPONDENCE.  793 

touching  the  said  treaty,  to  decide  and  adjudge  according  to  the  true 
intent  and  meaning  of  the  same,  any  thing  in  the  said  acts  or  parts 
of  acts  to  the  contrary  thereof  in  anywise  notwithstanding. 

Signed  by  order  of  the  House  of  Assembly. 

JEHU  DAVIS,  Sjpea-ker. 

Signed  by  order  of  the  Council. 

THOMAS  M'DONOUGH,  atrlc. 

Passed  at  Dover,  February  2d,  1788. 


MARYLAND. 


An  Act  declaring  the  Treaty  of  Peace  between  the  United  States  and 
his  Britannic  Majestij  the  supreme  law  ivithin  this  State. 

Be  it  enacted  by  the  General  Assembly  of  Maryland,  and  it  is 
hereby  declared,  That  the  treaty  of  peace  made  between  the  United 
States  of  America  and  his  Britannic  Majesty  is  the  supreme  law 
within  this  State,  and  shall  be  so  considered  and  adjudged  in  all 
courts  of  law  and  equity ;  and  all  causes  and  questions  cognizable  by 
the  said  courts  respectively,  ought  and  shall  be  determined  according 
to  the  said  treaty,  and  the  tenor,  true  intent,  and  meaning  thereof. 

By  the  Senate,  May  14,  1787. 

Read  and  assented  to.     By  order, 

J.  DORSEY, 

W.  SMALLWOOD. 

By  the  House  of  Delegates,  May  15,  1787. 
Read  and  assented  to.     By  order, 

W.  HARWOOD, 


In  testimony  that  the  aforegoing  is  a  true  copy  from  the  original 
act  of  the  General  Assembly  of  Maryland,  remaining  in  the  General 
Court,  I  have  hereunto  set  my  hand,  and  affixed  the  seal  of  office, 
the  29th  day  of  June,  in  the  year  of  our  Lord  1787. 

THOS.  B.  HODGKIN, 
C,  ^c.  Gen.  Ct.  M. 


784  JOHN  ADAMS-JOHN  JAY. 

FROM    PATRICK    HENRY   TO    JOHN    JAY. 

Richmond,  June  7,  1786. 
Sir, 

An  act  of  our  Assembly,  and  sundry  resolutions,  accompany  this ; 
and  from  them  will  appear  everything  which  has  been  done  by  our 
Legislature  touching  the  subjest  mentioned  to  me  in  your  last  favor. 

I  am,  sir,  &ic.,  P.  HENRY. 

The  Hon.  John  Jay,  Esq. 


Virginia,  to  ivit : 

General  Assembly  begun  and  held  at  the  public  buildings,  in  the 
city  of  Richmond,  on  INIonday,  the  18lh  day  of  October,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty-four : 

An  Act  respecting  further  Confiscations. 

Whereas  it  is  stipulated  by  the  sixth  article  of  the  treaty  of  peace 
between  the  United  States  and  the  King  of  Great  Britain  that  there 
shall  be  no  future  confiscations  made  : 

Be  it  enacted,  That  no  future  confiscations  shall  be  made,  any 
law  to  the  contrary  notwidistanding :  Providccf,  This  act  shall  not 
extend  to  any  suit  depending  in  any  court  which  commenced  prior 
to  the  ratification  of  the  treaty  of  peace. 

ARCHIBALD  GARY, 

Spcalccr  of  ike  Senate. 
JOHN  TYLER, 
Speaker  of  the  House  of  Delegates. 

Certified  as  a  true  copy  from  the  enrolment. 

JOHN  BECKLEY, 
Cleric  of  the  House  of  Delegates. 


FROM    RICHARD    CASWELL    TO    JOHN    JAY. 

North  Carolina,  Kingston,  June  21,  1786. 
Sir, 

Your  letter  of  the  .3d  of  last  month  I  had  the  honor  to  receive, 

and,  ill  compliance  therewith,  you  have  enclosed  a  co])y  of  a  ])rocla- 


DIPLOMATIC  CORRESPONDENCE.  785 

mation  issued  by  my  predecessor  in  office,  and  a  copy  of  an  act  to 
restore  to  ]\Ir.  Bridgin  his  estate. 

These  are  the  only  acts  of  the  legislative  and  executive  powers  of 
this  State,  in  consequence  of  the  definitive  treaty  of  peace  between 
the  United  States  of  America  and  Great  Britain,  and  the  recom- 
mendation of  Congress  thereupon,  that  1  at  this  time  recollect. 

I  have  the  honor  to  be,  &:c.,  RH.  CASWELL. 


State  of  North  Carolina. 

At  a  General  Assembly  begun  and  held  at  Newhern  on  the  19th 
day  of  JSovember,  Anno  Domini  1785, 

Among  other  acts  was  passed  the  following,  viz : 

An  Act  to  restore  to  Edward  Bridgin,  his  heirs  and  assig7is,  all  his 
property,  real  and  personal,  in  this  State. 

Whereas  the  estate  of  Edward  Bridgin,  merchant  of  London,  hath 
been  confiscated  by  the  laws  of  this  State :  and  whereas  a  committee 
of  the  General  Assembly  have  reported  they  are  of  opinion  that  the 
said  Edward  Bridgin  is  entitled  to  every  indulgence  of  the  Legis- 
lature : 

Be  it  therefore  enacted  by  the  General  Assembly  of  the  State  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the 
same.  That  all  the  real  and  personal  estate  of  the  said  Edward 
Bridgin,  lying  and  being  in  this  State,  confiscated  as  aforesaid,  and 
as  yet  undisposed  of,  and  the  amount  of  purchase  money  or  obliga- 
tions for  such  part  as  has  been  sold,  be,  and  hereby  is,  restored  to 
him,  his  heirs  and  assigns,  and  shall  not  be  liable  to  the  operation  of 
any  confiscation  law  heretofore  made. 

Read  three  times,  and  ratified  in  General  Assembly  the  29th  day 
of  December,  A.  D.  1785. 

ALEXANDER  MARTIN, 

Speaker  of  the  Senate, 
RD.  DOBBS  SPAIGHT, 

Speaker  of  Commons, 

1  certify  the  foregoing  to  be  a  true  copy. 

WLNSTON  CASWELL,  Secretary, 
Vol.  IL— 50. 


786  JOHN  ADAMS— JOHN  JAY. 

State  of  North  Carolina. 

By  his  Excellency  Samuel  Johnston,  Esquire,  Governor,   Captain- 
General,  and  Commander-in-Chief  in  and  over  the  said  State. 

To  all  whom  these  presents  shall  come : 

It  is  certified  that  James  Glasgow,  who  certifies  the  act  hereunto 
annexed  to  be  a  copy  of  the  original  act  filed  in  the  Secretary's 
office,  is  Secretary  of  the  said  State ;  and  that  full  faith  and  credit 
are  due  to  his  official  acts. 

Given  under  my  hand  and  the  great  seal  of  the  State,  at  Edenton, 
this  25th  day  of  August,  1788. 

SAMUEL  JOHNSTON. 
By  his  Excellency's  command  : 

William  Johnston  Dawson,  P.  S. 

[The  following  is  the  title  of  the  act  herein  referred  to  :] 
An  Act  declaring  the  Treaty' of  Peace  between  the  United  States  of 
America  and  the  King  of  Great  Britain  to  be  part  of  the  law  of 
the  land. 


FROM   WILLIAM   MOULTRIE    TO    JOHN    JAY. 

Charleston,  South  Carolina,  June,  21,  1786. 

Sir, 

I  have  been  honored  with  your  favor  of  the  3d  of  May,  requesting 
to  know,  for  the  information  of  Congress,  how  far  this  State  has 
complied  with  the  proclamation  and  recommendation  of  Congress 
of  the  Hill  January,  1784. 

The  subjects  of  Great  Britain  have  encountered  no  other  diffi- 
culties or  impediments  than  have  the  citizens  of  America  in  the 
recovery  of  their  debts.  Such  was  the  situation  of  the  State,  that 
the  Legislature  conceived  it  necessary  to  pass  laws  tantamount  to 
the  shutting  the  courts  ;  and  in  this  case,  even  Britisli  subjects  wiio 
had  property  among  us  were  saved  from  ruin  ('(lually  as  those  of 
America. 

Agreeably  to  the  .'ith  article  of  the  treaty,  which  Congress  earnestly 
recommended,  this  State,  upon  serious  consideration,  very  liberally 
complied  with  thut  recommendation,  and  restored  most  of  the  estates 


DIPLOMATIC  CORRESPONDENCE.  787 

that  were  under  confiscation.  The  property  carried  off  by  the 
British,  and  belonging  to  the  citizens  of  the  State,  far  exceeds  in 
value  the  property  which  by  our  laws  has  been  confiscated  and  sold ; 
and  no  subsequent  act  of  confiscation  has  taken  place  to  the  above, 
recommendation  of  Congress. 

This  State  passed  an  act  February  26,  1782,  to  prevent  the 
recovery  of  debts ;  and  this  being  done  prior  to  the  treaty  of  peace, 
and  since  continued  from  time  to  time  in  force,  could  not  possibly 
have  in  view  to  distress  the  British  subjects. 

The  treaty  of  peace  also  required  twelve  months  to  be  allowed 
banished  persons,  and  others  attached  to  the  British  Government,  to 
settle  their  affairs.  This  State  has  generously  added  three  months 
more  to  the  twelve,  and,  in  some  instances,  upon  application,  it  has 
been  further  extended  by  the  Executive. 

I  have  the  honor  to  be,  he,  WILLIAM  MOULTRIE. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  London,  16th  June,  1787. 

Sir, 

Enclosed  is  a  copy  of  the  translation,  from  the  Dutch  into  the 
English,  of  the  contract  entered  into  by  me  in  behalf  of  the  United 
States,  by  virtue  of  their  full  power,  for  a  million  of  guilders.  This 
measure  became  absolutely  necessary  to  prevent  the  total  ruin  of 
their  credit,  and  the  greatest  injustice  to  their  former  creditors,  who 
are  possessed  of  their  obligations ;  for  the  failure  in  payment  of  the 
interest,  if  but  for  one  day,  would,  in  Holland,  cause  those  obligations 
to  depreciate  in  their  value  like  paper  money. 

It  is  of  great  importance  that  this  contract  should  receive  a 
prompt  ratification  in  Congress,  and  be  retransmitted  to  Amsterdam 
as  soon  as  possible.  Whether  this  loan  may  not  enable  Congress, 
or  their  Board  of  Treasury,  to  raise  the  credit  of  their  own  paper  at 
home,  in  some  degree,  is  for  them  to  consider;  and  whether  the 
Board  of  Treasury  may  not  purchase  produce  to  advantage,  and 
contract  to  have  it  delivered  free  of  all  risk  and  charges  at  Amster- 
dam,  and  pay  for  it  in  bills  of  exchange,  I  know  not.  If  they  do 
this,  I  should  advise  them  to  send  one  cargo  to  the  house  of 
Willinks,  and  another  to  the  house  of  Van  Staphorst,  instead  of 


788  JOHN  ADAMS-JOHN  JAY. 

consigning  the  whole  jointly  to  both  houses.  This  would  not  only 
excite  an  emulation  between  the  two  houses  to  make  the  most 
advantage  for  the  interest  of  the  United  States,  but  would  prevent 
delays  and  other  inconveniences  which  must  arise  from  two  houses 
meeting  to  consult  and  dispose  of  a  vessel  and  cargo. 

As  the  brokers  or  money-lenders  were  pleased  to  insist  upon  my 
signature  to  all  the  obligations,  I  was  obliged  to  make  a  tour  to 
Amsterdam  for  that  purpose,  and  happened  to  enter  the  city  the  day 
after  the  first  riots,  which  continued  two  nights  while  I  was  there. 
The  proceedings  of  the  Prince  of  Orange  have  at  last  brought  on  a 
crisis ;  and  the  English  are  holding  out  an  appearance  as  if  they 
thought  it  possible  they  might  be  obliged  to  take  a  part  in  it.  If  no 
foreign  Power  interferes,  the  patriotic  party  is  so  much  stronger  than 
the  other,  that  I  think  the  Prince  must  give  way  in  the  principal 
points  in  controversy.  If  any  one  foreign  Power  interferes,  many 
others  must  follow  the  example.  This  being  well  known,  and 
France  and  England  weary  of  war  for  the  present,  I  hope  the  Dutch 
will  be  left  alone  to  settle  their  own  disputes. 

With  great  respect,  kc,  JOHN  ADAMS. 


A  Contract  for  a  Loan  of  one  million  Guilders. — Translated  from 
the  Dutch. — Wolff. 

On  the  1st  day  of  June,  in  the  year  1787,  appeared  before  me, 
Peter  Galenus  Van  Hole,  notary  of  Amsterdam,  admitted  by  the 
honorable  Court  of  Holland, 

His  Excellency  the  Honorable  John  Adams,  Esquire,  Minister 
Plenipotentiary  on  the  part  of  the  United  States  of  America,  Sic, 
&i.c.,  in  quality,  as  especially  empowered  and  authorized  by  the 
abovementioned  States  of  America,  in  Congress  assembled,  for  and 
in  bf'half  of  said  States  of  America,  to  raise  a  loan  with  any  person 
or  |)ersons,  States  or  companies,  with  subjoined  assurance,  in  good 
fail!)  to  ratify  and  fulfil  all  that  shall  be  done  in  this  respect  by  him, 
honorable  appearer,  according  to  authentic  copy  and  translation  of 
the  original  commission  or  power  exhibited  to  mc,  notary,  and 
depfjsiied  in  my  custody  in  behalf  uf  the  joint  money-lenders. 

The  honorable  appearer  residing  in  London,  but  being  now  in  this 
city. 


DIPLOMATIC  CORRESPONDENCE.  789 

And  the  honorable  appearer  acknowledged  himself  in  his  aforesaid 
quality,  and  thus,  in  the  name  and  in  behalf  of  the  abovementioned 
States  of  America,  to  be  duly  and  lawfully  indebted  to  and  in  behalf 
of  sundry  persons  or  money-lenders,  in  all  a  sum  of  one  million  of 
guilders,  Dutch  current  money,  arising  from  and  on  account  of  so 
much  ready  money  received  by  him,  the  honorable  appearer,  in  his 
aforesaid  quality,  to  his  perfect  satisfaction,  from  the  said  money- 
lenders, pursuant  to  the  receipt  hereafter  mentioned  to  be  signed  by 
the  honorable  appearer,  under  the  authentic  copies  hereof;  expressly 
and  formally  disavowing  the  excuse  of  untold  moneys. 

And  the  honorable  appearer  promised,  in  his  aforesaid  quality,  to 
repay  and  reimburse,  in  this  city,  the  said  sum  of  one  million  of 
guilders,  free  from  all  costs,  charges,  and  damages,  to  the  above- 
mentioned  money-lenders,  or  their  assigns,  at  the  expiration  of  fifteen 
years  after  the  1st  day  of  June,  1787,  and  that  in  the  following 
manner,  to  wit ; 

That  the  abovementioned  principal  shall  remain  fixed  during  the 
space  of  ten  years,  and  that,  with  the  eleventh  year,  and  thus  on 
the  1st  day  of  June,  1798,  a  fifth  part,  or  two  hundred  thousand 
guilders,  of  the  said  principal  of  one  million,  shall  be  redeemed  ;  and 
in  the  same  manner,  from  year  to  year,  until  the  1st  day  of  June, 
1802,  inclusive ;  so  that  the  whole  principal  shall  be  redeemed  and 
discharged  within  the  abovementioned  space  of  fifteen  years. 

And  that  meanwhile,  for  said  principal,  at  first  for  the  whole,  and 
afterwards  for  the  residue,  at  the  expiration  of  every  year,  interest 
shall  be  paid  at  the  rate  of  five  per  cent,  in  the  year,  commencing 
the  1st  day  of  June,  1787,  and  continue  until  the  final  accomplish- 
ment, and  that  on  coupons  to  be  signed  by,  or  on  the  part  of,  said 
honorable  appearer,  in  his  aforesaid  quality. 

That  the  abovementioned  redeeming  shall  be  performed  by  draw- 
ing, in  the  presence  of  a  notary  and  witnesses,  in  this  city,  after  the 
expiration  of  the  first-mentioned  ten  years,  in  such  a  manner  that  the 
numbers  of  the  bonds  or  obligations  drawn  shall  be  betimes  made 
known  in  the  public  papers. 

That  the  payment  of  the  interests,  as  also  the  redeeming  of  the 
respective  periods,  shall  be  made  at  the  counting-houses  of  the 
hereafter  mentioned  gentlemen  directors,  or  at  such  other  places 
within  this  city  as  shall  likewise  be  adv^ertised  in  the  public  papers. 

That  the  directors  of  this  negotiation  shall  be  Messrs.  Wilhem 


790  JOHN  ADAMS-JOHN  JAY. 

and  Jan  Willink,  and  Nicholas  and  Jacob  Van  Staphorst,  of  this 
city,  merchants ;  who  are,  by  these  presents,  thereto  named  and 
appointed  by  the  honorable  appearer,  in  his  aforesaid  quality. 

The  honorable  appearer  promising  and  engaging,  in  the  names 
of  his  constituents,  that  the  amount  of  the  interests  and  of  the 
redeemings,  to  be  made,  from  time  to  time,  of  the  said  principal, 
shall  be  in  due  time  remitted  to  the  aforesaid  gentlemen  directors 
their  heirs  or  successors,  in  good  bills  of  exchange,  American 
products,  or  in  ready  money,  without  any  abatement  or  deduction 
whatsoever. 

That  this  bond  or  obligation  shall  never  be  subject  to  any  imposts 
or  taxes  already  laid,  or  in  time  to  come  to  be  laid,  in  the  said 
United  States  of  America,  or  any  of  them,  even  in  case  (which  God 
forbid)  any  war,  hostilities,  or  divisions,  should  arise  between  the 
aforesaid  United  States,  or  any  of  them,  on  the  one  side,  and  the 
States  of  these  lands  on  the  other ;  and  that  the  payment  of 
principal  or  interests  of  this  bond  or  obligation,  accordingly,  can,  in 
nowise,  nor  under  any  pretext  whatsoever,  be  hindered  or  delayed. 

The  honorable  appearer,  in  his  aforesaid  quality,  promising  and 
engaging,  moreover,  for  and  in  the  names  of  the  said  United  States, 
that  there  shall  never  be  made,  or  entered  into  by  them,  or  on  their 
parts,  or  any  of  them  in  particular,  any  convention  or  treaty,  public 
or  private,  at  the  making  of  peace  or  otherwise,  by  which  the 
validity  and  accomplishment  of  these  presents  might  be  prejudiced, 
or  whereby  any  thing  contrary  thereto  might  be  stipulated  ;  but  that, 
without  any  exception,  the  contents  hereof  shall  be  kept  and  main- 
tain' 'I  in  full  force. 

The  honorable  appearer,  in  his  aforesaid  quality,  likewise  promises, 
engages,  and  binds  himself,  by  these  presents,  that  this  engagement 
shall  be  ratified  and  approved  as  soon  as  possible  by  said  United 
States  in  Congress  assembled,  and  that  an  authentic  copy,  translation 
of  said  ratification,  with  the  original,  shall  be  deposited  in  custody 
of  mc,  the  said  notary,  to  be  there  kept  with  said  authentic  copy, 
translation  of  the  commission  or  power  of  him,  honorable  aj)pearer, 
and  tin;  engrossed  hereof,  for  the  security  of  the  money-lenders, 
until  ihr  ubovementioned  principal  and  interests  as  aforesaid  shall 
be  n-dcciried  and  paid  ofT. 

And  ihcrc  sliall  be  niadtj  of  this  act,  (as  tlie  honorable  appearer 
in   his   aforesaid   quality  consents,)   above   and   besides   the   above- 


DIPLOMATIC  CORRESPONDENCE.  79 1 

mentioned  engrossed,  one  thousand  authentic  copies,  which  shall 
be  of  the  same  force  and  value,  and  have  the  same  effect  as  the 
engrossed  one,  under  every  one  of  which  copies  shall  be  placed  a 
receipt  of  one  thousand  guilders,  Dutch  current  money,  either  on 
name  or  in  blank,  at  the  choice  of  the  money-lenders,  to  be  signed 
by  him,  honorable  appearer,  and  which  receipts  shall  be  respectively 
numbered  from  number  one  to  one  thousand,  inclusive,  and  coun- 
tersigned by  the  abovementioned  gentlemen  directors,  and  duly 
recorded  by  me,  the  said  notary,  as  a  testimony  that  no  more  than 
one  thousand  bonds  or  obligations  are  numbered  by  virtue  of  this 
act. 

All  which  authentic  copies,  with  the  receipts  thereunder  placed, 
shall,  at  the  redeeming  of  the  principal,  be  restored  by  the  bearers. 

On  failure  of  prompt  payment,  as  well  of  the  principal  as  of  the 
interests,  at  the  appointed  periods,  the  principal,  or  residue  thereof, 
may  be  demanded  by  the  gentlemen  directors,  in  behalf  of  the 
money-lenders  who  shall  be  then  interested  therein ;  and  the  afore- 
said constituents  and  committents  of  him,  honorable  appearer,  shall, 
in  that  case,  be  held  and  bound  to  redeem  and  discharge  immediately, 
in  one  sum,  the  remaining  principal,  with  the  interests  and  charges ; 
for  the  accomplishment  and  performance  of  all  the  above  written, 
the  honorable  appearer  binds  in  his  aforesaid  quality,  and  thus,  in 
the  names  and  on  the  part  of  the  abovementioned  United  States  of 
America,  the  said  United  States  of  America,  jointly,  and  each  of 
them  in  particular,  together  with  all  their  lands,  chattels,  revenues, 
and  products,  and  also  the  imposts  and  taxes  already  laid  and  raised 
in  the  same,  or  in  time  to  he  laid  and  raised,  and  thus  of  all  the 
United  States  of  America,  jointly,  and  each  of  them  in  particular, 
and  for  the  whole. 

He,  the  honorable  appearer,  renouncing  in  the  names  as  above,  for 
that  purpose  expressly,  benejicium  divisionis,  as  likewise  de  duobus 
vel  pluribus  reis  debendi,  signifying  a  retribution  of  debts,  and  that 
when  two  or  more  are  indebted,  each  of  them  can  satisfy  with  the 
payment  of  his  portion  ;  the  honorable  appearer  promising,  in  his 
aforesaid  quality,  never  to  have  recourse  to  the  said  or  to  any  other 
evasions  whatsoever. 

This  being  passed,  (after  translation  into  English  was  made  hereof, 
and  which  likewise  is  signed  by  the  honorable  appearer,  and  deposited 
in  the  custody  of  me,  the  said  notary,)  within  Amsterdam  aforesaid, 


792  JOHN  ADAMS— JOHN  JAY. 

in  tlie  presence  of  INIartinus  Gerardus  Brondgeest  and  Jacob  D. 

^VQll^,  witnesses. 

JOHN  ADAMS, 

M.  G.  BRONDGEEST, 

J.  D.  WOLFF, 

P.  G.  VAN  HOLE,  ISotary. 

Amsterdam,  the  1st  day  of  June,  anno  1787. 

Faithfully  translated  from  the  Dutch. 

JOANNES  VERGEEL  LAC  SON, 

Sworn  Translator. 


Office  for  Foreign  Affairs,  October  12,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  was  referred  a  letter  of  the  16th  June,   1787, 
from  Mr.  Adams,  with  the  contract  therein  mentioned,  reports : 
That  this  contract  appears  to  him  to  have  been  made  under  such 

circumstances  as  to  render  it  expedient  to  ratify  it ;  and,  therefore, 

in   his  opinion,  it  would  be  proper  for  Congress  to  ratify  it  in  the 

usual  form. 

All  which  is  submitted  to  the  wisdom  of  Congress. 

JOHN  JAY. 

o 

FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  September  4,  1787. 
Dear  Sir, 

Although  1  have  nothing  important  to  say  or  transmit,  yet  I  cannot 
let  the  packet  sail  without  a  few  lines  to  you. 

I  wrote  to  you  the  31st  of  July,  by  Major  Sears,  and  have  since 
received  yours  of  the  IGlh  Jinic,  with  the  contract  mentioned  in  it. 
They  are  on  the  table  of  Congress,  but  the  w;iiit  of  an  adequate 
re|)resentation  of  tin;  States  has  prevented  anything  being  yet  done 
on  that,  or,  indeed,  on  any  other  subject,  jsince  their  arrival. 

Until  the  convention  rises,  I  fear  Congress  will  continnt;  much  in 
its  j)resent  state,  and,  of  course,  many  things  will  b<;  left  undone 
which  ought  to  be  done. 

My  repcjrt  respecting  your  return  lies  in  the  stat(^  it  was,  although 
nothing  on  my  part  has  been  omitted  to  obtain  a  decision  on  it.     It 


DIPLOMATIC  CORRESPONDENCE.  793 

is  expressed  in  terms  which,  so  far  as  it  respects  yourself  individually, 
will,  I  flatter  myself,  strongly  evince  the  respect  and  esteem  with 
which  I  am,  &;c., 

JOHN  JAY. 

P.  S.  A  packet  with  newspapers  accompanies  this.     Be  pleased 
to  present  my  compliments  to  Colonel  Smith. 


Extract  from  the  Secret  Journals  of  Congress,  August  1,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  were  referred  two  letters  from  the  Honorable  John 
Adams,  of  the  24th  and  27th  January  last,  having  reported  that  in 
his  opinion  it  would  be  proper  to  resolve,  "  That  the  Honorable  J. 
'  Adams,  the  Minister  Plenipotentiary  of  the  United  States  at  the 
'  Court  of  London,  be  permitted,  agreeably  to  his  request,  to  return 
'to  America  at  any  time  after  the  24th  February,  1788;  and  that 
'  his  commission  of  Minister  Plenipotentiary  to  their  High  Mighti- 
'  nesses  do  also  then  determine ;"  and  the  same  being  under  consid- 
eration, a  motion  was  made  by  Mr.  Dane,  seconded  by  Mr.  Clark, 
to  amend  it  by  inserting  immediately  after  "1788"  the  words 
following,  viz :  "  And  that  a  person  be  appointed  to  take  charge  of 
'  the  affairs  of  the  American  legation  at  the  Court  of  London,  from 
'  the  expiration  of  the  commission  of  the  present  Minister  to  the 
<■  arrival  there  of  another  Minister  to  succeed  him,  or  until  the  further 
'  order  of  Congress :" 

On  the  question  to  agree  to  this  amendment,  the  yeas  and  nays 
being  required  by  Mr.  Dane,  the  question  was  lost. 

The  proposition  of  the  Secretary  for  Foreign  Affairs  being  divided 
on  the  question  to  agree  to  the  first  part  as  far  as  "  1788  "  inclusive, 
the  yeas  and  nays  being  required  by  Mr.  Grayson,  the  question  was 
lost. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  October  3,  1787 

Dear  Sir, 
Still  I  am  unable  to  give  you  satisfactory  information  on  the  old 
and  interesting  subject  of  your  return.     My  report  on  it  is  not  yet 
decided  upon  by  Congress,  although  some  progress  has  been  made  in 
it.     My  endeavors  to  forward  it  shall  continue  unremitted. 


794  JOHN  ADAMS— JOHN  JAY. 

My  last  to  you  was  on  the  4th  day  of  September,  since  which  I 
have  not  had  the  honor  of  receiving  any  letter  from  you.  Your 
letter  of  the  16th  June  last,  with  the  paper  it  enclosed,  were 
immediately  laid  before  Congress,  and  I  hope  soon  to  be  enabled  to 
send  you  the  ratification  you  mention ;  for  I  flatter  myself  there  will 
be  no  difficulty  on  that  head. 

I  enclosed  a  copy  of  the  Federal  Government  recommended  by 
the  Convention,  and  which  has  already  passed  from  Congress  to  the 
States.  What  will  be  its  fate  in  some  of  them  is  a  little  uncertain ; 
for,  although  generally  approved,  an  opposition  is  to  be  expected, 
and  in  some  places  will  certainly  be  made  to  its  adoption. 

There  are  now  but  nine  States  represented  in  Congress,  and  unless 
that  number  should  continue  there  for  some  weeks,  much  business, 
and  particularly  in  the  Department  of  Foreign  Affairs,  will  remain 
unfinished.  There  is  much  to  be  done,  and  I  am  apprehensive  that 
much  will  be  left  too  long  undone ;  for  the  expectation  of  a  new 
Government  will  probably  relax  the  attention  and  exertions  of  the 
present. 

With  great  and  sincere  esteem  and  regard,  I  have  the  honor  to 

^^'  ^^•'  JOHN  JAY. 


Extract  from  the  Secret  Journals  of  Congress,  September  24,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 
Affairs,  to  whom  were  referred  two  letters  from  the  honorable  John 
Adams,  of  the  24th  and  27th  of  January  last,  having  reported  that 
tlie  first  of  these  letters  gives  occasion  to  several  questions : 
1 .  Shall  Mr.  Adams  return  after  the  expiration  of  his  commission 
to  the  Court  of  London,  viz:  the  24th  February,  1788? 

And  having  on  tiiis  reported  that  he  is  persuaded  Mr.  Adams 
really  wishes  and  means  to  return  next  spring:  Whereupon, 

Jiesolved,  That  the  Honorable  J(;hn  Adams,  the  Minister  Plenipo- 
tentiary of  the  United  States  at  the  Court  of  London,  be  ])ermitted, 
agreeably  to  his  request,  to  return  to  America  at  any  time  after  the 
24th  of  February,  in  the  year  of  our  Lord  1788;  and  that  his 
commission  of  Minister  Plenipotentiary  to  their  High  Miglilinesses 
do  also  then  determine. 

The  Secretary  having  also  reported  the  following  resolution : 


DIPLOMATIC  CORRESPONDENCE.  795 

That  Congress  entertain  a  high  sense  of  the  services  which  INIr. 
Adams  has  rendered  to  the  United  States,  in  the  execution  of  the 
various  important  trusts  which  they  have  from  time  to  time 
committed  to  him ;  and  that  the  thanks  of  Congress  be  presented  to 
him  for  the  patriotism,  perseverance,  integrity,  and  dihgence  with 
which  he  has  ably  and  faithfully  served  his  country. 

A  motion  was  made  by  Mr.  Henry  Lee,  seconded  by  Mr.  Blount, 
that  the  consideration  of  this  be  postponed.  And  on  the  question 
for  postponement,  the  yeas  and  nays  being  required  by  Mr.  King,  the 
question  was  lost. 

A  division  was  then  called  for;  and  on  the  question  to  agree  to 
the  first  clause  as  far  as  the  word  '•  him,"  inclusive,  the  yeas  and 
nays  being  required  by  Mr.  King,  the  question  was  lost. 

On  the  motion  to  agree  to  the  second  clause,  the  yeas  and  nays 
being  required  by  Mr.  King,  the  question  was  lost. 

The  Secretary  having  further  reported,  that  the  second  question 
arising  from  the  letter  is,  whether  it  will  be  expedient  for  the 
United  States  to  appoint  another  Minister  to  take  the  place  of  Mr. 
Adams  at  the  Court  of  London  ?  And  on  this  head,  having  given 
his  opinion  that  it  will  be  expedient  to  appoint  another,  because  there 
do  exist  differences  between  the  United  States  and  the  Court  of 
London,  which  cannot  too  soon  be  adjusted,  which  must  become  the 
subject  of  occasional  explanations  and  negotiations,  and  which,  on 
the  part  of  the  United  States  cannot  be  so  well  managed  and 
conducted  as  by  means  of  an  intelligent  and  discreet  Minister  on  the 
spot,  your  Secretary's  feelings  strongly  prompt  him  to  retaliate  the 
neglect  of  Britain  in  not  sending  a  Minister  here  ;  but  as  he  conceives 
that  such  retaliation  would  eventually  produce  more  inconveniences 
than  advantages,  he  thinks  it  had  better  be  omitted ;  especially  as 
he  is  persuaded  that  this  neglect  will  cease  the  moment  that  the 
American  Government,  and  the  administration  of  it,  shall  be  such  as 
to  impress  other  nations  with  a  degree  of  respect,  which  various 
circumstances  deny  to  Congress  the  means  of  imposing  at  present. 
He  thinks  it  should  be  the  policy  of  the  United  States,  at  present, 
to  keep  all  things  as  smooth  and  easy,  and  to  expose  themselves  to 
as  few  embarrassments  as  possible,  until  their  affairs  shall  be  in  such 
a  posture  as  to  justify  and  support  a  more  nervous  style  of  conduct 
and  language.  Britain  disputes  the  eastern  boundary  of  the  United 
States ;  she  holds  important  posts  and  territories  on  the  frontiers ;  and 


796  JOHN  ADAMS-JOHN  JAY. 

she  complains  that  the  treaty  of  peace  has  been  violated  by  America. 
These  affairs  are  important,  and  the  management  of  them  requires 
prudence  and  temper,  especially  considering  how  little  the  actual 
state  of  our  national  affairs  tends  to  repress  the  influence,  either  of 
unfriendly  dispositions  and  passions,  or  of  that  kind  of  policy  which 
the  weakness  of  neighbors  is  very  apt  to  suggest  and  promote ;  and 
that,  if  Congress  concur  in  the  opinion  that  a  Minister  should  succeed 
Mr.  Adams,  a  resolution  like  the  following  would  perhaps  be  the 
most  proper,  viz: 

Whereas,  divers  important  affairs  still  remain  to  be  arranged  and 
adjusted  between  his  Britannic  Majesty  and  the  United  States,  which, 
on  their  part,  cannot  be  so  well  conducted  as  by  means  of  a  Minister 
Plenipotentiary  at  the  Court  of  London :  Therefore, 

Resolved,  That  a  Minister  Plenipotentiary  to  reside  at  that  Court 
be  appointed;  and  that  his  commission  take  effect  on  the  25th  day 
of  February,  1788,  and  continue  in  force  for  the  space  of  three  years 
thereafter,  unless  sooner  revoked. 

On  motion, 

Ordered,  That  the  consideration  of  this  part  of  the  report  be 
postponed. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

Office  for  Foreign  Affairs,  October  16,  1787. 
Dear  Sir, 

Since  my  last  to  you  of  the  3d  instant,  I  have  not  been  favored 
with  any  letters  from  you. 

1  have  at  length  the  pleasure  of  transmitting  to  you,  herewith 
enclosed,  an  act  of  Congress  complying  with  your  request  to  return, 
and  expressing  their  sentiments  of,  and  their  thanks  for,  the  important 
s<;rvices  you  have  rendered  your  country.  Tiiey  have  not  yet  come 
to  any  decision  respecting  a  Minister  or  a  Charge  d'Affaires  at  Lon- 
don, nor  directed  me  to  convey  to  you  any  instructions  relative  to 
any  matters  within  the  department  of  your  legation. 

You  will  also  find,  herewith  enclosed,  a  certified  copy  of  an  act 
of  Congress  of  the  llih  instant,  for  ratifying  the  contract  you  made 
on  the  1st  of  Juiu^  last,  together  with  the  ratification  in  form. 

One  of  your  former  letters  mentioned  the  advances  made  by  Mr. 
Richard  Harrison,  at  Cadiz,  to  Captain  Erwin  and  his  crew.     1  now 


DIPLOMATIC  CORRESPONDENCE.  797 

enclose  a  certified  copy  of  an  act  of  Congress  of  the  12th  mstant, 
dkecting  the  Board  of  Treasury  to  reimburse  Mr.  Harrison. 

A  set  of  the  printed  Journals  of  Congress,  from  the  10th  IMay  to 
the  25th  September  last,  together  with  a  succession  of  newspapers 
from  the  date  of  my  last  letter  to  this  day,  will  also  accompany  this. 

I  am  not  without  fears  that  one  or  perhaps  more  of  your  letters 
have  miscarried  ;  for  none  which  have  hitherto  come  to  hand  make 
any  mention  of  Colonel  Smith's  arrival  and  reception  in  Portugal. 
Perhaps  you  may  have  had  reasons  to  postpone  writing  on  those 
subjects  for  the  present ;  and  I  mention  it  only  that  you  may  know, 
in  case  you  have  written,  that  your  letters  have  not  come  to  hand. 

The  public  mind  is  much  occupied  by  the  plan  of  Federal  Gov- 
ernment recommended  by  the  late  convention.  Many  expect  much 
good  from  its  institution,  and  others  will  oppose  its  adoption.  The 
majority  seems  at  present  to  be  in  its  favor.  For  my  part,  I  think 
it  much  better  than  the  one  we  have,  and  therefore  that  we  shall  be 
gainers  by  the  exchange ;  especially  as  there  is  reason  to  hope  that 
experience  and  the  good  sense  of  the  people  will  correct  what  may 
prove  to  be  inexpedient  in  it.  A  compact  like  this,  which  is  the 
result  of  accommodation  and  compromise,  cannot  be  supposed  to  be 
perfectly  consonant  to  the  wishes  and  opinions  of  any  of  the  parties. 
It  corresponds  a  good  deal  with  your  favorite,  and,  I  think,  just  prin- 
ciples of  government ;  whereas  the  present  Confederation  seems  to 
have  been  formed  without  the  least  attention  to  them.  Congress 
have  thought  it  best  to  pass  a  requisition  for  the  expenses  of  the 
ensuing  year ;  but,  like  most  of  their  former  ones,  it  will  produce  but 
little. 

As  Mr.  Jefferson's  present  commission  will  soon  expire,  Congress 
have  directed  another  to  be  prepared  for  him.  What  further 
arrangements  they  may  think  proper  to  make  relative  to  their  foreign 
affairs,  is  as  yet  undetermined.  I  am  inclined  to  think  that,  until 
the  fate  of  the  new  Government  is  decided,  no  very  important 
measures  to  meliorate  our  national  affairs  will  be  attempted. 

It  is  much  to  be  wished  that  our  friends  the  Dutch  may  be  able 
to  escape  the  evils  of  war  in  a  manner  consistent  with  their  true 
interest  and  honor.  I  think  it  fortunate  that  neither  France  nor  Britain 
is  ripe  for  hostilities.  A  little  republic  surrounded  with  powerful 
monarchies  has  much  to  apprehend,  as  well  from  their  politics  as 
their  arms.     It  gives  me  pleasure  to  reflect  that  we  have  no  such 


798  JOHN  ADAMS— JOHN  JAY. 

neighbors,  and  that,  if  we  will  but  think  and  act  for  ourselves,  and 
unite,  we  shall  have  nothing  to  fear. 

I  wish  it  may  be  convenient  to  you  to  return  in  some  vessel  bound 
to  this  port,  that  I  may  have  the  pleasure  of  taking  you  by  the  hand, 
and  personally  assuring  you  of  the  sincere  esteem  and  regard  with 
which  I  am,  &ic., 

JOHN  JAY. 


Extract  from  the  Secret  Journals  of  Congress,  October  5,  1787. 

The  Secretary  of  the  United  States  for  the  Department  of  Foreign 

Affairs,  to  whom  were  referred  two  letters  from  the  Honorable 

John  Adams  of  the  24th  and  27th  of  January  last,  having  reported 

as  follows  : 

The  first  of  these  letters  gives  occasion  to  several  questions. 

1.  Shall  Mr.  Adams  return  after  the  expiration  of  his  commission 
to  the  Court  of  London,  viz:  24th  February,  1788?  Your  Secre- 
tary is  persuaded  that  Mr.  Adams  really  wishes  and  means  to  return 
next  spring,  and  therefore  thinks  it  would  be  proper  for  Congress  to 
resolve  that  the  Honorable  John  Adams,  the  Minister  Plenipotentiary 
of  the  United  States  at  the  Court  of  London,  be  permitted  (agreeably 
to  request)  to  return  to  America  at  any  time  after  the  24th  February, 
in  the  year  of  our  Lord  1788,  and  that  his  commission  of  Minister 
Plenipotentiary  to  their  High  Mightinesses  do  also  then  determine ; 

And  having  also  reported  a  resolution  approving  his  conduct,  and 
giving  him  the  thanks  of  Congress,  both  resolutions  were  agreed  to, 
as  follows: 

"  Jicsolved,  That  the  Honorable  John  Adams,  the  Minister  Pleni- 
<  potentiary  of  the  United  States  at  the  Court  of  London,  be  permitted, 
'  agreeably  to  his  request,  to  return  to  America  at  any  time  after  the 

*  24ih  day  of  February,  in  the  year  of  our  I^ord  1788 ;  and  that  his 

*  commission  of  Minister  Plenipotentiary  to  their  High  Mightinesses 
'  do  also  then  dctennine. 

"  litsolvcd,  Tiiat  Congress  entertain  a  high  sense  of  the  services 

*  which  Mr.  Adams  has  rendered  to  the  United  States,  in  the  execu- 

*  tion  of  the  various  important  trusts  which  they  have  from  time   to 

*  time    coinmilt(;d    to    him ;    and   that    the  thanks   of   Congress    bo 

*  prfsented  to   him   for  th*^  patriotism,   perseverance,  integrity,  and 
'  diiigenc*;    with    which    he    has    ably    and    faithfully    served    his 

*  countr)'." 


DIPLOMATIC  CORRESPONDENCE,  799 

The  Secretary  having  further  reported — 

The  second  question  arising  from  this  letter  is,  whether  it  will  be 
expedient  for  the  United  States  to  appoint  another  INIinister  to  take 
the  place  of  Mr.  Adams  at  the  Court  of  London  ?  On  this  head, 
the  Secretary  is  of  opinion  that  it  will  be  expedient  to  appoint 
another,  because  there  do  exist  differences  between  the  United  States 
and  the  Court  of  London  which  cannot  too  soon  be  adjusted,  which 
must  become  the  subject  of  occasional  explanations  and  negotiations, 
and  which,  on  the  part  of  the  United  States,  cannot  be  so  well 
managed  and  conducted  as  by  means  of  an  intelligent  and  discreet 
Minister  on  the  spot.  Your  Secretary's  feelings  strongly  prompt  him 
to  retaliate  the  neglect  of  Britain  in  not  sending  a  Minister  here; 
but  as  he  conceives  that  such  retaliation  would  eventually  produce 
more  inconveniences  than  advantages,  he  thinks  it  had  better  be 
omitted,  especially  as  he  is  persuaded  that  this  neglect  will  cease 
the  moment  that  the  American  Government,  and  the  administration 
of  it,  shall  be  such  as  to  impress  other  nations  with  a  degree  of 
respect  which  various  circumstances  deny  to  Congress  the  means  of 
imposing  at  present.  He  thinks  it  should  be  the  policy  of  the  United 
States  at  present  to  keep  all  things  as  smooth  and  easy,  and  to 
expose  themselves  to  as  few  embarrassments  as  possible,  until  their 
affairs  shall  be  in  such  a  posture  as  to  justify  and  support  a  more 
nervous  style  of  conduct  and  language.  Britain  disputes  the  eastern 
boundary  of  the  United  States ;  she  holds  important  posts  and 
territories  on  the  frontiers ;  and  she  complains  that  the  treaty  of 
peace  has  been  violated  by  America.  These  affairs  are  important, 
and  the  management  of  them  requires  prudence  and  temper,  especially 
considering  how  little  the  actual  state  of  our  national  affairs  tends  to 
repress  the  influence  either  of  unfriendly  dispositions  and  passions,  or 
of  that  kind  of  policy  which  the  weakness  of  neighbors  is  very  apt  to 
suggest  and  promote.  If  Congress  should  concur  in  the  opinion  that 
a  Minister  to  succeed  Mr.  Adams  should  be  appointed,  a  resolution 
like  the  following  would  perhaps  be  the  most  proper : 

"  Whereas,  divers  important  affairs  still  remain  to  be  arranged 
'  and  adjusted  between  his  Britannic  Majesty  and  the  United  States, 
<  which,  on  their  part,  cannot  be  so  well  conducted  as  by  means  of 
'  a  Minister  Plenipotentiary  at  the  Court  of  London  :  Therefore, 

''  Resolved,  That  a  Minister  Plenipotentiary,  to  reside  at  that 
'  Court,  be  appointed ;  and  that  his  commission  take  effect  on  the 


goo  JOHN  ADAMS-JOHN  JAY. 

<25th  day  of  February,  1788,  and  continue  in  force  for  the  space  of 
*  three  years  thereafter,  unless  sooner  revoked." 

Your  Secretary  conceives  it  would  be  best  that  this  Minister 
should  be  appointed  so  early  as  that  he  might  have  time  to  reach 
London  by  the  1st  of  February,  in  order  that  he  may  have  an 
opportunity  of  receiving  information  from  Mr.  Adams  respecting 
characters  and  affairs ;  and  that  the  progress  of  the  business  of  the 
legation  may  not  be  stopped  by  the  expiration  of  Mr.  Adams's 
commission. 

On  the  question, 

"  Resolved,  That  this  part  of  the  report  be  postponed." 

The  Secretary  having  proceeded  in  his  report — 

But  if  Congress  should  either  not  incline  to  appoint  another 
Minister,  or  should  think  proper  to  postpone  it  so  long  as  that  he 
will  not  probably  be  in  London  in  February,  then  he  thinks  it  would 
be  right  to  consider  another  question  arising  from  the  letter,  viz : 
Whether  it  would  be  expedient  to  constitute  Colonel  Smith  Charge 
d' Affaires?  On  this  head  your  Secretary  finds  himself  embarrassed. 
For,  on  the  one  hand,  he  esteems  Colonel  Smith  as  a  gentleman  of 
acknowledged  merit,  who  has  uniformly  deserved  well  of  his  country  ; 
and  on  the  other,  the  light  in  which  the  duties  of  his  office  have 
hitherto  been  viewed,  gives  the  color  of  propriety  only  to  his 
reporting  on  the  expediency  of  appointments,  and  not  on  the  persons 
most  proper  to  be  appointed.  And  as  the  letter  referred  to  him, 
and  now  under  consideration,  does  nevertheless  raise  the  question 
relative  to  the  person  as  well  as  the  place,  he  thinks  it  proper  to 
make  these  remarks,  lest,  if  not  adverted  to,  his  omitting  to  report 
on  the  former  as  well  as  the  latter  might  be  ascribed  to  other  than 
the  true  reasons.  He  thinks  that  if,  when  Mr.  Adams  quits  the 
affairs  of  the  legation,  they  are  not  to  pass  immediately  into  the 
hands  of  a  successor,  there  can  be  little  doubt  of  the  expediency  of 
appointing  a  j)rop(;r  prrson  to  take  charge  of  them.  In  that  case, 
therefore,  it  would,  in  his  opinion,  be  proper  to  resolve  that  a  person 
be  appointed  to  lake  charge  of  the  affairs  of  the  American  legation 
at  the  Court  of  I^ndon,  from  the  expiration  of  the  commission  of 
the  present  Minister  to  the  arrival  there  of  another  Minister  to 
succeed  him,  or  until  the  further  order  of  Congress. 

On  tjiis  part  of  the  report  a  question  was  taken  to  agree  thereto, 
and  was  lost. 


DIPLOMATIC  CORRESPONDENCE.  QOl 

FROM   JOHN    JAY    TO    JOHN    ADAMS. 

Office  for  Foreign  Affairs,  3d  November,  1787. 

Dear  Sir, 

I  had  the  honor  of  writing  to  you  on  the  16th  day  of  last  month, 
and  have  now  that  of  transmitting  to  you,  herewith  enclosed,  a 
duplicate  of  the  ratification  of  your  late  contract,  together  with  a 
copy  of  two  acts  of  Congress,  viz :  one  of  the  18th  day  of  July, 
authorizing  Mr.  Jefferson  to  redeem  our  captives  at  Algiers ;  and 
the  other,  of  the  12th  day  of  October,  appropriating  the  residue  of 
the  eighty  thousand  dollars,  formerly  destined  for  treaties  with  the 
Barbary  Powers,  as  a  fund  for  such  redemption. 

The  newspapers,  subsequent  to  the  date  of  my  last,  will  accompany 
this. 

With  great  and  sincere  esteem,  Sic,  JOHN  JAY. 


Extract  from  the  Journals  of  Congress,  October  11,  1787. 

The  ratification  of  the  above  contract  by  the  United  States  in 
Congress  assembled,  is  in  the  words  following: 

Be  it  remembered  that  the  within  contract  or  engagement  entered 
into  by  the  Honorable  John  Adams,  Minister  Plenipotentiary  of  the 
United  States  of  America  to  their  High  Mightinesses  the  Lords  the 
States  General  of  the  United  Netherlands,  in  behalf  of  the  said 
States,  with  sundry  money-lenders,  for  a  loan  of  one  million  of 
guilders,  Dutch  current  money,  dated  at  Amsterdam,  the  1st  day  of 
June,  1787,  hath  been  read  in  Congress,  approved  and  ratified,  and 
declared  obligatory  on  the  United  States  of  America. 

Done  in  the  City  Hall,  in  the  city  of  New  York,  by  the  United 
States  in  Congress  assembled,  this  11th  day  of  October,  in  the  year 
of  our  Lord  1787,  and  in  the  twelfth  year  of  our  sovereignty  and 
independence. 

Extract  from  the  Secret  Journals  of  Congress,  October  12,  1787. 

On  a  report  of  the  Board  of  Treasury,  in  consequence  of  an  act  of 
18th  July, 

Resolved,  That  the  balance  of  the  appropriation  for  the  Barbary 
treaties,  of  the  14th  February,  1785,  not  hitherto  applied  to  that 
Vol.  n.— 51 


802  JOHN  ADAMS-JOHN  JAY. 

object,  be,  and  it  is  hereby,  constituted  a  fund  for  redeeming  the 
American  captives  now  at  Algiers ;  and  that  the  same  be  for  this 
purpose  subject  to  the  direction  of  the  IMinister  of  the  United  States 
at  the  Court  of  Versailles. 

That  the  acts  of  Congress  of  the  14th  February,  1785,  and  such 
part  of  the  resolves  of  the  18th  July,  1787,  as  direct  provision  to 
be  made  for  the  above  object,  be,  and  they  are  hereby,  repealed. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  London,  September  10,  1787. 

Dear  Sir, 

Enclosed  is  a  letter  from  the  Portuguese  Minister  to  me  of  the 
7th  of  September,  and  my  answer  of  this  day,  the  10th. 

This  is  so  pointed  a  proposition  that  Congress  will  undoubtedly 
send  an  answer  either  in  the  afiirmative  or  negative.  The  regard  of 
sovereigns  to  one  another  renders  this  indispensable ;  and  I  am  not 
able  to  see  how  a  compliance  with  so  civil  a  request  can  well  be 
avoided.  Congress  may  agree  to  the  proposition,  and  her  INIajesty 
will  appoint  her  IMinister ;  and  whether  the  American  Minister  is 
soon  appointed  or  not,  the  forms  and  decencies  will  be  preserved. 
If  it  were  only  on  account  of  the  Algerines  to  watch  their  motions, 
and  concert  measures  against  them,  I  should  think  it  prudent  for  the 
L'nited  States  to  have  a  Minister  at  Lisbon. 

Colonel  Smith  will  write  you  an  account  of  his  journey  and 
voyage,  and  of  the  termination  of  his  commission,  according  to  his 
wishes  and  to  his  satisfaction.  Congress,  I  hope  too,  will  be 
satisfied.  IJut  if  a  regular  Minister  had  been  sent  upon  this  service, 
and  ordered  to  return  as  soon  as  he  had  accomplished  it,  her 
Majesty  would  probably  have  sent  a  IMinister  to  Ni'.w  York  without 
further  delay.  1  ought  not  to  conclude  without  oi)serving  that  these 
missions  by  deputation  are  unknown  to  Courts  and  Ministers,  and  to 
the  law  of  nations  ;  and  if  a  legal  (juestion  shoulil  ever  be  made 
f:oiif(  Tiling  theiii,  the  United  States  will  infallibly  be  dishonored  by 
a  formal  decision  against  tlirm.  In  IMr.  Harclay's  case,  had  the 
def:i-,i(in  of  the  l*arliament  of  Jionieaux  been  appealed  to  from  Court, 
jl  must  have  been  reversed.  The  character  of  Ambassadors  is  held 
sacred,  and  their  prerogatives  very  high,  both  by  the  law  of  nations 


DIPLOMATIC  CORRESPONDENCE.  803 

and  the  ceremonials  of  all  courts  and  sovereigns ;  and  there  is  great 
reason  to  fear  that  the  citizens  of  America  will  have  cause  for  severe 
repentance  if  they  make  too  light  of  it.  Indulgences,  founded  on  the 
supposition  of  our  inexperience,  or,  to  use  a  more  intelligible  word, 
our  ignorance,  cannot  be  expected  to  continue  long.  Colonel  Smith 
met  with  a  condescension  that  astonished  all  the  foreign  Ministers ; 
and  ]Mr.  Barclay  with  a  good  fortune,  of  which  it  is  very  dangerous 
to  try  another  experiment. 

With  great  regard,  &c.,  JOHN  ADAMS. 


FROM  THE  CHEVALIER  DEL  PINTO  TO  JOHN  ADAMS. 

[Translation.] 

London,  September  7,  1787. 
Sir, 

I  have  received  orders  from  my  Court  to  inform  you  that,  not- 
withstanding no  answer  has  hitherto  been  made  to  the  project  of  a 
commercial  treaty  which  we  conferred  about  in  London,  nevertheless, 
sir,  the  inclinations  of  her  Most  Faithful  Majesty  are  not  less  ardent, 
nor  less  disposed  to  conclude  this  same  treaty  with  the  United  States 
of  America,  on  suitable  terms  and  conditions.  And  I  am,  moreover, 
directed  to  add,  sir,  that  my  Court  will  not  delay  to  give  you  the 
most  convincing  and  immediate  proofs  thereof. 

I  am  desired,  at  the  same  time,  to  observe  to  you  that  it  would 
be  very  useful  and  suitable  to  appoint  Ministers  as  soon  as  possible 
on  the  part  of  the  two  Powers ;  and  ray  Court  expressly  orders  me 
to  endeavor  to  arrange  this  important  point  with  you,  sir,  and  to 
agree  definitively  on  the  character  these  Ministers  are  to  bear  in  their 
missions.  It  is  essential  to  inform  you,  on  this  head,  that  it  will  be 
necessary  to  fix  (at  least)  on  the  title  of  Resident  Minister,  on 
account  of  reception  at  the  Court  of  Lisbon,  which  is  never  granted 
either  to  simple  agents  or  to  Consuls  General ;  and,  as  soon  as  this 
point  shall  be  fixed,  I  have  orders  to  assure  you,  sir,  that  the  Court 
of  Lisbon  will  lose  no  time  to  appoint  and  send  to  America  the 
person  that  shall  be  chosen  to  reside  with  the  Congress  of  the  United 
States. 

I  have  the  honor  of  bemg,  Stc, 

LE  CHEV.  DEL  PINTO. 


804  JOHN  ADAMS-JOHN  JAY. 

FROM   JOHN    ADAMS    TO    THE    PORTUGUESE    MINISTER. 

Grosvenor  Square,  September  10,  1787. 

Sir, 

I  have  received  the  letter  which  you  did  me  the  honor  to  write 
me  on  the  7th  of  this  month,  and  have  observed,  with  great  satisfac- 
tion, the  assurances  of  her  Most  Faithful  Majesty's  desire  to  conclude 
with  the  United  States  of  America  a  treaty  of  commerce  upon 
convenient  conditions. 

I  am  very  well  convinced,  sir,  of  the  utihty  and  convenience  which 
would  be  found  in  the  nomination  of  Ministers  between  the  two 
Powers ;  and  if  it  depended  upon  me,  I  flatter  myself  there  would  be 
no  difficulty  in  concerting  with  your  Excellency,  both  that  important 
point  and  the  character  those  Ministers  should  bear  in  their  missions. 
But  as  I  have  neither  instructions  nor  authority  from  my  sovereign 
to  justify  me  in  entering  into  such  negotiations,  I  can  only  transmit 
to  Congress  copies  of  your  Excellency's  letter,  and  of  my  answer. 
Tliis  I  shall  have  the  honor  to  do  the  first  opportunity.  The  earnest 
desire  of  the  citizens  of  the  United  States  of  America  to  show  their 
respect  for  her  Most  Faithful  Majesty,  and  to  live  in  perfect  friend- 
ship with  all  her  Majesty's  dominions,  will,  undoubtedly,  induce 
Congress  to  transmit,  as  soon  as  possible,  their  answer  to  her  Majesty's 
fi-iendly  proposition. 

I  have  the  honor  to  be,  kc,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  London,  September  22,  1787. 

Dear  Sir, 
Yesterday  I  was  honored  with  yours  of  the  31st  of  July,  and  the 
instructions  of  Congress,  and  other  papers  enumerated  in  it.  This 
packet  comes  at  a  very  fortunate  moment  ;  and  although  there  is  no 
act  of  the  great  States  of  Virginia  and  South  Carolina,  hi  consequence 
of  tlie  circular  letter  of  Congress  of  the  13tli  of  April,  there  are  pro- 
ceedings of  so  many  others  as  to  furnisii  something  solid  to  say  to 
this  Court.  The  injunctions  of  Congress  shall  be  obeyed,  and  there 
is  some  reason  to  believe  that  the  British  Ministry  will  listen  at  this 
lime  with  allenlion.     This  country  is   now   in   a  critical  situation. 


DIPLOMATIC  CORRESPONDENCE.  QO'g 

The  Courts  of  London  and  Berlin  have  been  advised  by  their  Min- 
isters at  the  Hague  to  hold  their  heads  very  high,  and  speak  in  a 
high  tone  in  favor  of  the  Prince  and  Princess  of  Orange,  in  order  to 
encourage  their  friends  and  intimidate  the  opposition  to  them,  in  full 
confidence  that  the  internal  state  of  politics  and  finances  in  France 
will  not  permit  the  Court  of  Versailles  to  interfere.  In  this  sanguine 
expectation  they  may  possibly  be  disappointed,  and,  by  their  pre- 
cipitate proceedings,  find  themselves  involved  in  a  war  they  never 
intended.  The  probability,  if  not  certainty,  of  a  war  between  the 
three  Empires,  and  the  romantic  quarrel  to  revenge  an  irreverence 
to  a  Princess,  (as  silly  a  tale  as  the  Trojan  war  on  account  of  Helen,) 
have  opened  so  serious  a  prospect  to  this  nation,  that  there  is  room 
to  hope  that  the  Ministry  will  be  more  attentive  and  more  equitable 
towards  America.  The  French  Court  are  sending  out  the  Count  de 
Moustier  as  Minister  to  Congress.  You  will  have  no  difficulty  to 
believe  that  this  movement  has  been  dictated  by  wisdom  and  prudent 
foresight.  If  the  British  Cabinet  have  equal  circumspection,  they 
will  see  the  same  necessity ;  but  no  dependence  can  be  placed  upon 
the  judgment  of  the  present  Cabinet.  The  United  States  of  America 
will  take  the  coolest  precautions,  while  they  fulfil  their  engagements 
with  honor,  to  maintain  their  neutrality  inviolate.  If  a  general  and 
lasting  war  in  Europe  should  ensue,  and  America  preserve  her  peace, 
she  will  be,  at  the  close  of  it,  the  first  country  in  the  world,  in  point 
of  affluence  and  prosperity,  if  not  in  real  power.  In  case  of  a  war, 
my  situation  here  will  be  extremely  delicate.  The  United  States 
and  their  Ministers  stand  in  certain  relations  to  France  and  Holland, 
from  whence  result  duties  which  must,  in  all  events,  be  fulfilled. 
There  are  other  duties  towards  England :  to  reconcile  these  among 
all  the  jarring  interests  and  inflamed  passions  in  a  state  of  war,  will 
be  somewhat  difficult ;  but  I  flatter  myself  it  may  be  done  for  the 
few  months  that  remain  before  the  expiration  of  my  commission. 
With  the  truest  esteem,  he,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  September  22,  1787. 

Dear  Sir, 
There  was  yesterday,  in  the  river,  an  impress  of  seamen,  and 
several  American   vessels  had   their  men  taken   from  them.     An 


806  JOHN  ADAMS-JOHN  JAY. 

application  was  made  to  me  this  morning,  by  a  master  of  a  ship  from 
New  York,  and  I  instantly  wrote  the  enclosed  letter  to  Lord  Caer- 
marthen,  and  went  in  person  to  Whitehall  to  deliver  it.  His  Lordship 
read  the  letter,  and  the  representation  to  me  from  the  captain  ;  and, 
after  some  conversation  on  the  subject,  assured  me  that  he  would 
take  measures  to  have  the  men  restored,  and  precautions  against 
such  mistakes  in  future.  This  opportunity  was  a  favorable  one  for 
some  communication  of  sentiments  upon  the  present  posture  of  affairs, 
and  his  Lordship  was  invited  to  talk  upon  the  subject  by  several 
questions  which  were  proposed  to  him.  His  Lordship's  answers 
vere  civil  enough.  ''  He  hoped  there  would  not  be  war ;  he  should 
be  very  sorry  for  a  war,"  &ic.,  &.c.  But  nothing  was  to  be  learned 
from  him,  if  he  knew  anything ;  one  fact,  indeed,  his  Lordship 
assured  me  of,  viz :  that  war  is  in  truth  declared  by  the  Porte  against 
Russia ;  that  the  Count  de  Montmorin  had  sent  him  an  extract  of 
a  despatch  of  JMonsieur  de  Choiseul,  the  French  Ambassador  at 
Constantinople,  containing  an  account  of  it;  and  that  the  French 
Ministry  had  done  him  the  justice  to  believe  that  the  English  Ambas- 
sador and  Ministry  had  done  nothing  to  excite  this  declaration.  His 
Lordship's  last  despatches  from  Constantinople  assured  him  of  every 
appearance  of  peace  ;  so  that  the  declaration  must  have  been  some 
sudden  emotion  of  the  Mufti  or  Janissaries,  &-c.  It  is  easy  to  believe 
that  the  English  did  not  excite  the  Turks  to  declare,  for  that  step 
excuses  France  from  any  obligation  to  aid  the  Porte. 

The  present  conjuncture  appears  the  most  critical  and  important 
in  Eurojie  of  any  that  has  ever  happened  in  our  times.  Mankind 
seems  impatient  under  the  yoke  of  servitude  that  has  been  imposed 
upon  them,  and  disposed  to  compel  their  governors  to  make  the 
burden  lighter.  But  the  wars  that  now  threaten  have  no  tendency 
that  way,  or  but  a  remote  one ;  and  what  dependence  can  be  placed 
upon  the  common  people  in  any  part  of  Europe  ? 

Upon  my  return  home,  another  American  master  of  a  vessel  from 
Alexandria,  in  Virginia,  came  with  his  complaint  that  the  press-gang 
had  taker)  all  his  men.  I  will  demand  every  man,  as  fast  as  I  shall 
be  informed  of  his  being  pressed  ;  but  I  am  inucli  afraid  of  pretences, 
excuses,  &ir..,  &,(■.  T  exjxu't  to  liear  that  one  sailor  is  Irish,  another 
Scotch,  and  a  third  English.  vMl  in  my  j)Ower,  however,  shall  be 
dour;;  and  ycjii  shall  bo  infornied  of  the  result. 

With  great  respect,  &tc.,  JOHN  ADAMS. 


DIPLOMATIC  CORRESPONDENCE.  807 

FROM  JOHN  ADAMS  TO  LORD  CAERMARTHEN. 

Grosvenor  Square,  September  22,  1787. 

My  Lord, 

I  do  myself  the  honor  to  enclose  to  your  Lordship  a  letter  this 
moment  received  from  the  master  of  a  vessel  belonging  to  the  United 
States  of  America.  His  name  is  John  Douglas,  commander  of  the 
ship  Four  Friends,  American  built,  and  the  property  of  Andrew  Van 
Tuyl,  merchant  of  New  York.  He  informs  me  that  as  two  of  his 
people  were  going  on  shore  for  provisions  for  the  day,  they  were 
seized  by  the  press-gang,  and  forced  on  board  his  Majesty's  brig 
Despatch  then  lying  at  Execution  dock ;  that  the  gang  then  came 
on  board  his  vessel,  and  attempted  to  open  his  hatches,  when  his 
chief  mate  opposed  them,  and  informed  the  officers  that  they  were 
American  citizens.  That  although  the  officers  of  the  press-gang 
then  went  away,  there  is  reason  to  believe  that  another  disagreeable 
visit  will  be  made  before  morning,  which  will  distress  him  exceedingly 
as  his  ship  is  completed  for  sea  and  bound  for  New  York. 

The  names  of  the  two  men  pressed  are  Joseph  Cowley,  a  native 
of  the  city  of  New  York;  the  other  is  a  negro  man,  called  Primus, 
the  property  of  Mr.  Andrew  Van  Tuyl,  merchant  of  New  York,  but 
a  native  of  the  city. 

It  is  my  duty,  my  Lord,  to  make  this  representation  to  his 
Majesty's  Ministers,  and  to  request  that  orders  may  be  given  for  the 
restoration  of  these  men  to  the  master  of  their  vessel ;  and  further, 
to  propose  to  your  Lordship's  consideration  whether  it  be  not  expe- 
dient that  some  general  order  should  be  given  upon  this  occasion  to 
the  officers  of  his  Majesty's  navy,  to  give  a  particular  attention  to 
American  vessels  and  seamen,  lest  perplexities  and  inconveniences 
of  this  kind  should  be  multiplied. 

With  great  respect,  &:c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  September  23,  1787. 
Dear  Sir, 
The  accounts  from  Holland  and  France  are  very  discouraging ; 
so  much  so,  that  it  would  be  imprudent  to  enter  into  a  detail  of  evils 
that  are  inevitable.     The  Republic  of  Holland  is  in  the  utmost 


808  JOHN  ADAMS-JOHX  JAY. 

danger  of  being  extinct ;  and  if  the  old  forms  are  hereafter  preserved, 
the  Prince  will  be  so  much  master  in  reality,  that  the  friends  of 
liberty  must  be  very  unhappy,  and  live  in  continual  disgrace  and 
danger.  The  English  are  arming  with  all  the  affectation  of  spirit 
and  firmness,  and  France  neither  moves  nor  negotiates  with  the  least 
appearance  of  fortitude  or  understanding.  To  do  the  former  justice, 
they  have  had  the  prudence  to  send,  both  to  Versailles  and  the 
Hague,  men  of  sense  and  business.  England  will  rise  in  consider- 
ation and  power,  and  France  will  fall  in  the  eyes  of  all  Europe, 
riiis  will  make  the  former  overbearing,  and  her  people  insolent ;  and 
France  will  soon,  in  my  poor  opinion  at  least,  be  obliged  to  go  to 
war,  or  sink  very  low.  The  United  States  of  America,  instead  of 
being  more  courted  by  the  English,  as  they  would  probably  be  in 
case  of  a  war,  will  rather  be  more  neglected — perhaps  treated  cava- 
lierly. It  is  easy  to  see,  however,  that  the  peace  cannot  continue 
long  between  the  two  European  nations;  the  philosophical  visions  of 
perpetual  peace,  and  the  religious  reveries  of  a  near  approach  of  the 
millennium,  in  which  all  nations  are  to  turn  the  weapons  of  war  into 
implements  of  husbandry,  will,  in  a  few  years,  be  dissipated.  The 
armaments  now  making  in  England  will  disarrange  Mr.  Pitt's  boasted 
plans  of  economy ;  and,  in  short,  there  is  every  appearance  that  the 
peace  of  Europe  will  be  for  years  but  an  armed  truce.  The  surplus 
of  revenue,  so  ostentatiously  displayed  to  the  public,  is  but  an  artful 
deception.  Oh,  fortunate  Americans!  if  you  did  but  know  your  own 
felicity,  instead  of  trampling  on  the  laws,  the  rights,  the  generous 
plans  of  power  delivered  down  from  your  remote  forefathers,  you 
should  cherish  and  fortify  those  noble  institutions  with  fiHal  and  reli- 
gious reverence.  Instead  of  envying  the  rights  of  others,  every 
American  citizen  has  cause  to  rejoice  in  his  own.  Instead  of  vio- 
lating the  security  of  property,  it  should  be  considered  as  sacred  as 
tlic  commandment,  "  Thou  shalt  not  steal."  Instead  of  trampling 
on  private  honor  and  public  justice,  every  one  who  attempts  it  should 
be  considered  as  an  impious  parricide,  who  seeks  to  destroy  his  own 
liberty  and  that  of  his  neighbors.  What  would  have  become  of 
American  liberty,  if  there  had  not  been  more  faith,  honor,  and  justice 
in  the  minds  of  their  common  citizens,  than  are  found  in  the  conunon 
p«-()pli;  in  Europe?  Do  wc  see  in  the  Austrian  INCthi-rlands,  in  the 
L'niir-d  Netherlands,  or  even  in  the  Parliaments  in  France,  that 
confidence  in  one  another,  and  in  the  common  people,  which  enabled 


DIPLOMATIC  CORRESPONDENCE.  809 

the  people  of  the  United  States  to  go  through  a  revolution  ?  Where 
is  the  difference  ?  It  is  a  want  of  honesty ;  and  if  the  common 
people  in  America  lose  their  integrity,  they  will  soon  set  up  tyrants 
of  their  own,  or  court  a  foreign  one.  Laws  alone,  and  those  political 
institutions  which  are  the  guardians  of  them,  and  a  sacred  administra- 
tion of  justice,  can  preserve  honor,  virtue,  and  integrity  in  the  minds 
of  the  people. 

With  great  respect,  he,  JOHJN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  London,  October  9,  1787. 

Dear  Sir, 
France  appears  at  this  moment  in  the  light  of  a  simple  people, 
seriously  disposed  to  peace,  benevolence,  and  humanity ;  and, 
adjudging  of  the  dispositions  of  others  by  her  own,  she  seems,  by 
her  late  glory  and  prosperity,  to  have  been  soothed  into  a  security 
and  tranquillity,  out  of  which  it  is  scarce  possible  to  awaken  her. 
England,  on  the  other  hand,  appears  like  a  nation  smarting  under 
her  wounds,  but  covering  her  designs  with  a  veil  of  deep  dissimu- 
lation, while  she  was  exerting  her  utmost  craft  to  obtain  an  oppor- 
tunity of  gratifying  her  resentment.  We  need  not  look  farther  for 
the  cause  of  the  present  strange  appearances  than  the  diplomatic 
arrangements  of  the  two  nations.  Never  was  there  a  time  when 
able  and  attentive  men  were  so  necessaiy  for  France  at  the  Courts 
of  London  and  the  Hague,  as  at  the  late  peace.  The  Count  de 
Vergennes  should  have  sent  to  both  places  men  of  the  most  enlarged 
capacities  and  diligent  attention  to  the  whole  system  of  Europe. 
The  Marquis  de  Verac  is  as  honest  a  man,  and  as  well  intended,  as 
he  could  have  found ;  but  I  believe  every  man  who  knows  him  will 
agree  with  me,  that  a  gentleman  more  unqualified  for  his  mission 
could  not  have  been  found.  The  Comte  de  Adhemar  has  an 
elegant  figure,  handsome  face,  and  is  a  favorite  of  the  ladies ;  but, 
whether  from  his  unfortunate  paralytic  stroke,  or  from  his  having  no 
turn  for  the  business  of  State,  he  appears  to  have  been  inattentive, 
not  only  to  the  affairs  of  Europe  in  general,  but  to  those  of  England 
and  Holland.  The  Spanish  Minister  has  been  extremely  attentive 
to  make  his  court  to  the  royal  family  and  the  Minister  here,  and 


810  JOHN  ADAMS— JOHN  JAY. 

has  been  so  successful  as  to  obtain  the  King's  request  that  he  might 
be  promoted  to  the  rank  of  a  Marquis  at  home,  and  to  that  of 
Ambassador  here ;  but,  to  speak  freely  to  you  as  I  ought,  he  does 
not  appear  to  me  to  know  or  care  much  about  the  system  of  Europe. 
The  French  Charge,  too,  who  is  an  ingenious  man,  and  well  behaved, 
has  had  the  good  fortune  to  recommend  himself  to  this  Court,  so  as  to 
be  promoted  to  the  rank  of  Minister  Plenipotentiary  at  their  instance. 
I  have  ever  been  upon  good  terms  with  all  these  gentlemen,  and 
have  no  personal  dislike  to  any  of  them ;  but  I  cannot  but  see  and 
lament  the  causes  which  appear  to  have  contributed  to  a  catastrophe 
so  outrageous  to  the  rights  of  mankind,  and  so  humiliating  to  the 
best  friends  we  have  or  ever  had  in  France,  Holland,  and  Spain. 
I  must  confess  that  favoritism  at  the  Court  where  he  resides,  in  an 
Ambassador  of  any  denomination,  is,  in  my  opinion,  a  fatal  objection 
against  him ;  because  I  know  it  to  be  impossible  to  be  obtained 
without  the  most  criminal  simulation,  on  one  hand,  or  negligence,  or 
something  worse,  of  the  interests  of  his  constituents,  on  the  other. 
There  is  a  great  difference  between  being  esteemed  and  beloved — 
between  being  upon  decent,  civil,  and  respectable  terms,  and  being 
taken  into  the  arms  and  embraced.  Whenever  and  wherever  tb.is 
is  seen  in  negotiations,  something  may  justly  be  suspected  to  be 
amiss.  Unfortunately,  too,  ^Monsieur  de  St.  Priest,  who  has  been 
long  in  Constantinople,  and  had  a  great  reputation  for  ability  and 
success  in  former  negotiations,  was  recalled  at  a  most  critical  time. 
iMigland,  on  the  contrary,  appears  to  have  been  meditating  a  blow, 
even  when  the  nation  were  generally  expecting  the  commencement 
of  tbe  millennium  from  the  operation  of  the  connnercial  treaty.  She 
has  sent  her  shrewdest  men  to  Versailles  and  the  Hague.  She 
apjx-ars  to  have  been  intriguing  at  Constantino])le  as  well  as  in 
South  America.  She  has  been  forming  a  league  in  Germany,  and 
maintaining  her  navy  on  a  formidable  footing.  France  may  be  as 
indilFerent  as  she  will  about  Holland,  but  that  will  not  secure  her 
j)eace.  The  English  cannot  see  without  inward  rage  and  fury — I 
might  say,  witbout  terror  and  dismay — the  works  at  Cherbourg; 
and  let  Holland's  fate  be  what  ii  will,  lit  the  Turks  be  disposed  of 
as  you  please,  in  my  opinion,  France  must  demolish  Cherbourg, 
anil  Sj)ain  srt  South  America  at  liberty,  or  thrre  will  bo  war.  The 
passions  of  this  nation  are  at  present  in  a  flame  ;  I  hear  such  a 
language  even  in  tbe  streets,  and   in  booksellei-s'  shops,  (ihe  only 


DIPLOMATIC  CORRESPONDENCE.  811 

scenes  of  popular  politics  into  which  I  think  it  prudent  to  venture,) 
that  I  am  confident  a  war  is  not  far  off.  The  rage  of  this  nation 
amazes  me ;  with  a  gulf  and  a  precipice  of  public  ruin  before  their 
eyes,  they  are  ready  to  take  the  leap  with  joy.  The  most  interesting 
question  for  us  is,  whether  we  shall  be  neutral  ?  This  is  undoubtedly 
our  wisdom,  and  Congress  and  the  States  will  take  the  most  decided 
measures  to  prevent  our  people  from  giving  any  provocation.  They 
will  no  doubt  forbid,  in  the  most  effectual  manner,  any  of  their 
citizens  from  serving  on  board  the  ships  of  either  nation,  much  less 
from  taking  commissions  and  committing  depredations.  But  will 
all  this  preserve  our  neutrality  ?  It  is  my  duty  to  be  explicit  upon 
this  occasion,  and  to  say,  that  although  the  British  Government  may 
pretend,  and  even  sincerely  endeavor,  to  avoid  a  quarrel  with  the 
United  States,  at  the  commencement  of  the  war,  yet,  if  they  should 
obtain  any  signal  successes  at  first,  (which  it  is  not  improbable  they 
may,)  there  will  arise  such  a  spirit  of  domination  and  insolence  in 
the  nation  as  will  stimulate  hostilities  against  us.  It  is  my  duty, 
therefore,  to  advise  that  the  best  preparations  for  our  own  defence 
and  security  be  made  that  are  in  our  power. 

The  detail  of  affairs  in  Holland  is  too  dismal  to  be  repeated.  The 
newspapers  contain  accounts  melancholy  enough.  The  plebeians 
and  the  monarch  are  too  closely  connected  in  Holland  to  be 
overcome  by  the  patrician  aristocracy,  and  no  rational  plan  of  a 
reformation  of  their  Government  has  been  concerted  by  the  people 
or  their  leaders. 

It  is  a  repetition  of  the  catastrophe  of  all  ill  constituted  Repubhcs, 
and  is  a  living  warning  to  our  United  States. 

With  great  regard,  he,  JOHN  ADAMS. 


-o- 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

London,  October  25,  1787. 
Dear  Sir, 

I  do  myself  the  honor  to  enclose  copies  of  Mr.  Fagel's  letter  to  me 
of  the  18th,  and  of  my  answer  of  this  day,  and  of  my  letter  to  Mr. 
Dumas  of  this  day. 

I  am  sorry  for  his  embarrassed  situation,  but  know  not  the  cause 
of  it  but  by  conjecture.     One  thing  I  know,  that  the  United  States 


812  JOHN  ADAMS- JOHN  JAY. 

may  very  easily  be  involved  in  a  war  by  indiscreet  intimacies 
between  their  servants  and  foreign  Powers  and  national  parties. 
Congress  have  but  two  ways  to  take  upon  this  occasion — either  to 
dismiss  Mr.  Dumas,  at  the  requisition  of  the  States  General,  or 
to  write  a  letter,  or  order  one  to  be  written,  desiring  their  High 
Mightinesses  to  articulate  the  particulars  of  their  exceptions  and 
displeasure  against  Dumas.  This  may  gain  time,  and  save  Mr. 
Dumas  for  so  much  time  as  will  arrange  all  things  decidedly  in 
Holland. 

With  great  regard,  &c.,  JOHN  ADAMS. 


[a  memorial.] 

To   their  High  Mightinesses  the  Lords  the  States  General  of  the 
United  Provinces  of  the  Low  Countries. 

High  and  ^Mighty  Lords, 

The  subscriber,  Minister  Plenipotentiary  from  the  United  States 
of  America,  has  the  honor  to  acquaint  your  High  INIightinesses  that 
Congress,  on  the  24th  day  of  July  last,  resolved  that  Mr.  Dumas  be 
permitted  to  occupy  and  reside  in  the  house  of  the  United  States  at 
the  Hague,  until  a  Minister  of  the  United  States  shall  arrive  there, 
or  until  the  further  order  of  Congress ;  and  that  Mr.  Adams  (the 
subscriber)  do  direct  such  repairs  to  be  made  at  the  expense  of  the 
United  States  to  the  said  house,  as  maybe  really  necessary  to  render 
it  tenantable.  That  the  subscriber  has  accordingly  directed  Messieurs 
Wilhem  Sc  Jan  Willinks,  IVicholas  &i  Jacob  Van  Staphorst,  bankers 
of  the  United  States  at  Amsterdam,  together  with  INIr.  Dumas,  to 
make  the  necessary  reparations  of  the  house,  according  to  the 
intontions  and  order  of  Confjress. 

The  subscriber  has,  therefore,  the  honor  to  request  of  your  High 
Mightinesses  all  that  friendly  countenance  and  assistance  to  Messrs. 
Dumas,  Willinks,  and  Van  Staphorsts,  which  they  may  reasonably 
request,  and  as  C'ongross,  in  similar  cases,  would  be  always 
ciic(;rfully  wilHng  to  render  to  any  persons  in  America  employed  in 
services  for  your  High  Mightinesses. 

Done  this  1st  day  of  October,  1787.  JOHN  ADAMS. 


DIPLOMATIC  CORRESPONDENCE.  813 

FROM    H.    FAGEL    TO    JOHN    ADAMS. 

[Translation.] 

Hague,  October  18,  1787. 
Sir, 

I  have  had  the  honor  of  receiving  duly  your  letter  of  the  1st 
instant,  in  which  you  have  sent  a  memorial  to  their  High  Mighti- 
nesses on  the  subject  of  Mr.  Dumas's  situation.  This  memorial 
not  being  in  French,  as  is  the  custom,  but  in  English,  could  not  be 
taken  into  formal  deliberation ;  but  as  it  has,  nevertheless,  been 
communicated  to  their  High  Mightinesses  by  me,  I  am  authorized  to 
write  you,  in  answer,  that  by  a  note  transmitted  to  me  by  said 
Dumas,  dated  the  28th  of  last  month,  and  presented  by  me  to  their 
High  Mightinesses  the  Lords  Deputies  of  the  Provinces  of  Holland 
and  West  Friesland,  they  have  already  been  prayed  to  have  an  eye 
to  the  security  of  his  person  ;  that  their  High  Mightinesses  were 
unwilling  that  the  said  Dumas  should  be  more  embarrassed  than  any 
of  their  own  inhabitants ;  but  that  they  cannot  conceal  from  you,  sir, 
that  the  said  Dumas  little  merits  their  protection,  since  he  has 
conducted  himself  in  a  manner  which,  in  many  respects,  is  altogether 
improper.  It  is  for  this  reason  that,  in  the  name  of  their  High 
Mightinesses,  I  request  you,  sir,  (a  thing  which  is  also  expected  from 
your  discretion,)  that  you  will  employ  him  no  longer  here,  but  that 
you  will  appoint  another  person  for  Charge  d' Affaires  here,  during 
your  absence. 

I  acquit  myself  of  these  orders,  in  having  the  honor  to  be,  &ic., 

H.  FAGEL. 

FROM  JOHN  ADAMS  TO  H.  FAGEL. 

London,  October  25,  1787. 
Sir, 

I  have  received  the  letter  you  did  me  the  honor  to  write  me  on  the 
18th  October  instant,  and  am  extremely  sorry  to  learn  that  the 
conduct  of  Mr.  Dumas  has  not  the  approbation  of  their  High  Mighti- 
nesses. 

As  Mr.  Dumas  has  not,  that  I  recollect,  been  employed  in  any 
business  by  me  since  my  residence  in  England,  and  as  he  has  neither 
given  me  any  account  of  his  proceeding,  nor  transmitted  his  despatches 
to  Congress  through  my  hands,  I  am  ignorant  of  the  particulars  of  his 
conduct  which  are  not  approved  by  their  High  JMightinesses. 


814  JOHN  ADAMS— JOHN  JAY. 

I  have  had  so  large  experience  of  the  friendship  of  their  High 
Mightinesses  to  the  United  States  of  America,  my  sovereign,  and  of 
their  candor  and  goodness  towards  myself,  that  I  should  not  hesitate 
to  comply  with  whatever  I  should  know  to  be  their  inclination  in 
any  thing  within  my  power,  and  consistent  witii  my  honor  and  my 
duty  ;  but  as  all  the  authority  by  which  IMr.  Dumas  acts  under  the 
United  Stales  is  derived  directly  from  Congress,  and  not  from  me, 
and  as  he  carries  on  his  correspondence  with  that  august  body  by 
means  of  their  Ministers  at  New  York,  and  not  with  me,  it  is  not  in 
my  power  to  do  more  at  this  time,  in  compliance  with  the  requisition 
of  their  High  Mightinesses  signified  to  me  in  your  letter,  than  to 
transmit  a  copy  of  it  to  Congress,  which  shall  be  done  by  the  earliest 
oj)portunity. 

With  great  regard,  fcc,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  MR.  DUMAS. 

London,  October  25,  1787. 

Sir, 

1  have  received  your  letter  of  the  19th,  and  will  transmit  the 
enclosed  to  Mr.  Jay  ;  but  as  you  have  for  these  two  years  transmitted 
your  despatches  through  other  channels,  it  is  most  advisable  you 
siiould  continue  the  same  course. 

Enclosed  is  a  copy  of  a  letter  from  Mr.  Secretary  Fagel,  of  the 
18th  of  this  month,  in  answer  to  my  memorial  written  at  your  desire, 
and  a  copy  of  my  answer  of  this  day.  The  limes  are  extremely 
critical,  and  American  Ministers  ought  to  be  extremely  cautious,  (as 
you  know  ever  was  my  maxim  and  })rinciplc,  and  ought  now  to  be 
mon;  so  than  ever,)  to  kci^p  American  allliirs  perfectly  distinct  and 
iiidfpf'iidcnt  of  those  of  all  other  nations,  lest  our  country  should  be 
invol\ed  ill  cahmiities  for  causes  that  are  not  her  own. 

With  much  esteem,  k,c.,  JOHN  ADAMS. 


FROM  JOHN  AOAMS  TO  JOHN  JAY. 

Grosvcnor  .S(iuaic,  Novtuibir  15,  1787. 

l)'-ar  Sir, 
'J'he   attack   upon    Mr.  Dumas  is   but   a   part  of   ihat   system   of 
intimidation  that  the   present  triumphant  party  in  Holland  is  pursuing, 


DIPLOMATIC  CORRESPONDENCE.  815 

and,  if  one  were  to  conjecture,  it  would  be  plausible  to  suppose  that 
Sir  James  Harris  was  the  instigator  of  it. 

The  English  Court  and  nation,  with  all  their  affected  contempt 
and  mde  execrations  of  the  Dutch,  have  at  the  bottom  a  very  great 
opinion  of  the  importance  of  that  power  in  the  balance  between 
England  and  the  house  of  Bourbon.  Hints  have  been  several  times 
thrown  out  in  the  English  papers  of  the  partiality  of  the  American 
Minister  at  the  Hague  to  France ;  and,  as  Mr.  Dumas  was  supposed 
to  be  under  my  direction,  his  motions  have  been  imputed  to  me. 
Mr.  Dumas  has  a  pension  from  France,  reversible  to  his  daughter. 
It  would  be  better  for  Congress  to  pay  this  pension,  at  the  expense 
of  the  United  States,  or  to  dismiss  him  from  their  service,  (paying 
him,  however,  during  his  life,  his  annual  allowance,)  than  to  have 
a  person  in  their  service  in  the  pay  of  two  Powers  at  once.  If  an 
English  Ambassador  or  Charge  d' Affaires,  or  agent,  at  the  Hague, 
should  receive  from  France  a  pension  for  opposing  the  interests  of 
the  United  States,  Congress  would  have  some  cause  to  be  uneasy. 
I  am  not  at  all  surprised,  therefore,  at  the  attack  upon  Mr,  Dumas ; 
yet  I  should  be  very  sorry  if  it  should  prevail  against  him,  and, 
therefore,  it  is  to  be  hoped  that  Congress  will  take  time  to  deliberate 
upon  the  subject.  As  there  has  been  no  formal  deliberation  of  their 
High  Mightinesses  upon  my  memorial,  and  as  the  coiTespondence 
has  been  hitherto  only  between  Mr.  Fagel  and  me,  although  their 
High  Mightinesses  have  been  acquainted  with  it,  and  have  directed 
it  on  the  part  of  Mr.  Fagel,  yet  Congress  are  not  obliged  formally 
to  answer  it.  Sovereign  to  Sovereign,  and  Minister  to  Minister,  is 
the  diplomatic  maxim.  Congress,  therefore,  may  take  as  long  time 
as  they  please  to  deliberate ;  and  it  is  hoped  they  will  take  so  much 
that  the  present  passions  may  cool,  and  the  present  scene  be  shifted. 
After  another  year,  or  six  or  nine  months,  circumstances  may  be 
very  different. 

If  we  were  to  judge  by  the  tone  of  arrogance  at  present  in  Holland, 
we  should  conclude  that  they  would  infallibly  blowup  a  war  between 
England  and  France,  and  join  the  former.  But  this,  to  me  at  least, 
is  very  doubtful. 

Notwithstanding  the  complaint  against  Mi\  Dumas,  and  the  recall 
of  ]Mr.  Van  Berckel,  if  that  should  be  agreed  to,  you  will  not  find 
any  hostile  disposition  towards  the  United  States.  If  France  remains 
quiet,  (as  she  ought  at  present,  for  it  is  now  too  late  for  her  to  move,) 


816  JOHN  ADAMS— JOHN  JAY. 

all  nations  and  parties  will  sit  down  satisfied  with  the  restoration  of 
the  Stadtholder  for  some  years,  and  there  will  be  no  formal  rupture 
with  France  or  America.  England  has  blustered,  and  France  has 
slept ;  but  the  former  has  at  heart  no  inclination  for  war.  Fifty 
millions  of  debt  added  to  the  present  would  produce  a  tornado  in  this 
country,  the  consequences  of  which  cannot  be  computed.  England, 
Holland,  and  Russia  will  be  very  glad  to  remain  as  they  are,  and 
France  shows  no  disposition  to  disturb  them. 

As  I  take  all  the  late  transactions  to  have  been  merely  a  system  of 
intimidation,  you  will  not  hear  of  those  rigorous  prosecutions  and 
cruel  punishments  of  the  Patriots  in  Holland,  which  are  held  out 
in  terror.  Neutrality,  eternal  neutrality,  will  still  be  the  passion 
and  politics  in  the  United  Provinces,  both  of  Stadtholderians  and 
Patriots.  There  are  no  warlike  characters  among  them,  and  the 
present  dominant  party  will  be  as  anxious  as  their  adversaries  to 
avoid  every  provocation  to  a  war,  either  with  France  or  England. 
William  the  Vth  is  neither  the  politician  nor  the  warrior  that  William 
the  Hid  was.  An  appearance  of  spirit,  and  even  of  arrogance,  has 
been  assumed  in  the  Netherlands  as  well  as  in  England,  merely  to 
overawe,  and  upon  the  secret  presumption  that  they  should  not  be 
forced  into  a  war  in  earnest.  This  policy  has  succeeded  so  well  that 
1  cannot  help  suspecting  there  was  better  ground  for  it  than  the 
world  in  general  were  acquainted  with.  1  know  that  the  patriots  in 
Holland  (sonic  of  them  at  least)  as  long  ago  as  Mr.  Rayneval  made 
his  curious  journey  into  that  country,  suspected  that  their  ideas  of 
liberty  were  not  to  be  supported,  and  accordingly  thought  very 
seriously  of  emigrating  to  America.  I  do  not  mean,  however,  by 
this  the  capital  characters.  IMoney  is,  however,  so  much  better 
understood,  and  more  beloved  than  liberty,  that  you  will  not  hear  of 
many  emigrants.  The  friends  of  France  affect  to  speak  slightly  of 
Holland  at  |)resent,  and  of  her  weight  in  tlu;  scale.  This  is 
necessary  to  excust;  their  inattention  and  blunders  on  the  late 
occasion ;  but  France  never  committed  a  greater  error  in  policy  than 
she  has  done  by  her  unskilful  negotiations  at  Herlin,  the  Hague,  and 
Ix)iulon  since  the  peace.  Jf  Holland  shovdd  \h'.  forced  into  a 
revocation  of  her  connexions  with  England,  America,  in  my  opinion, 
will  have  reason  to  regret  it;  for  I  have  not  a  doubt  that  England, 
Holland,  and  Prussia  would  get  the  l)etter  in  a  war  against  the  house 
of  Ii(>urbon,  and  America  will  be  obliged   to  join  the  latter  in  self- 


DIPLOMATIC  CORRESPONDENCE.  817 

defence ;  for,  after  having  humbled  France,  England  would  not 
scruple  to  attack  the  United  States.  That  our  country  may  act 
with  dignity  in  all  events ;  that  she  may  not  be  obliged  to  join  in 
any  war  without  the  clearest  conviction  of  the  justice  of  the  cause, 
and  her  own  honor  and  real  interest,  it  is  indispensably  necessary 
that  she  should  act  the  part  in  Holland  of  perfect  independence  and 
honest  impartiality  between  the  different  courts  and  nations  who  are 
now  struggling  for  her  friendship,  and  who  are  all  at  present  our 
friends.  This  has  ever  appeared  to  me  so  clear  and  obvious,  that  1 
never  could  approve  the  conduct  of  M.  Dumas  or  Messieurs  Van 
Staphorst,  in  taking  so  decided  parts  in  favor  of  France,  and  against 
the  Stadtholder,  although  I  fully  believe  they  followed  the  judgments 
of  their  understandings,  and  the  inclinations  of  their  hearts  with 
integrity  and  honor. 

With  great  respect,  he,  JOHN  ADAMS. 


FROM   LORD    CAERMARTHEN,    ENCLOSING    COPIES    OF    A    DECLARA- 
TION   AND    COUNTER-DECLARATION. 

Lord  Caermarthen  presents  his  compliments  to  Mr.  Adams, 
and  has  the  honor  to  transmit  to  him,  herewith,  printed  copies  of  a 
declaration  and  counter-declaration,  signed  at  Versailles  the  27th 
instant  by  his  Excellency  the  Duke  of  Dorset,  and  ]Mr.  Eden,  on 
the  part  of  his  INIajesty,  and  by  Count  Montmorin,  on  the  part  of  his 
Most  Christian  Majesty ;  by  which  Lord  Caermarthen  has  the  satis- 
faction to  communicate  to  Mr.  Adams  the  earliest  information  of  the 
determination  of  the  two  Courts  to  discontinue  the  armaments  and 
warlike  preparations  on  each  side.* 

Whitehall,  October  30,  1787. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  November  30, 17&7. 
Dear  Sir, 

I  do  myself  the  honor  to  enclose  the  King's  speech  at  the  opening 

of  Parliament,  as  it  has  been  transmitted  to  me  from  the  Marquis  of 

*  For  the  Declaration  and  counter-Declaration,  see  pp.  107-108. 

Vol.  H.— 52 


818  JOHN  ADAMS-JOHX  JAY. 

Caermarthen  ;  and  the  ^Morning  Chronicle  of  the  28th,  which  con- 
tains— not  the  debates,  for  there  were  none — but  tlie  panegyrics 
upon  it. 

I  have  long  seen,  sir,  in  silent  astonishment  and  grief,  the  negli- 
gent and  imprudent  conduct  of  a  deceased  French  Minister  of 
Foreign  Affairs,  in  his  negotiations  and  intercourse  in  Holland,  the 
despicable  history  of  a  Maillebois,  the  unmeaning  or  ill-meaning 
intrigues  of  Rayneval,  the  Rhingrave,  not  to  mention  others  equally 
disgusting,  at  Paris,  with  a  INIinister  whom  you  know.  When  I  first 
knew  or  suspected  that  the  Dutch  patriots  and  their  confidential 
ajrents  had  surrendered  themselves  to  female  intrigues,  I  had  a  thou- 
sand  apprehensions  that  they  would  finally  meet  with  that  ruin  which 
you  perfectly  well  know  would  have  been  the  devoted  fate  of  the 
United  States  if  they  had  submitted  to  Mr.  Deane's  system,  of  de 
^laillcbois  and  de  Coudray's,  ten  years  ago.  Let  me  entreat  gen- 
tlemen to  compare  what  remains  upon  the  records  or  files  of  Congress 
at  that  period,  with  what  happened  before  and  at  the  peace,  with 
what  has  taken  place  in  Holland,  and  thank  Heaven  for  their  provi- 
dential escapes. 

There  are  many  worthy  characters,  now  exiles  from  Holland  and 
refugees  in  Germany,  the  Austrian  JNetherlands,  and  France,  for 
whom  I  have  many  years  entertained  an  esteem  and  aflection,  whose 
melancholy  situation  is  truly  deplorable.  These,  however,  have 
ever  appeared  to  me  to  be  too  inattentive  to  the  sense  of  the 
common  people  in  their  own  country,  too  little  acquainted  with  the 
nature  of  government,  and  too  confidently  dependant  on  the  support 
of  France. 

The  orations  in  Parliament  upon  the  speech  enclosed  are,  how- 
ever, more  extraordinary  than  any  thing  that  has  occurred. 

The  interposition  of  Prussia  in  the  aflairs  of  Holhmd  cannot  be 
justified  upon  the  j)rinciples  of  tlu;  law  of  nations;  and,  if  tiiith  and 
jii-^ticf  art'  not  lost  out  of  the  world,  will  be  marked  by  tlie  impartial, 
both  in  the  ])resent  and  future  ages,  with  severe  censure.  But  the 
speeches  of  Mr.  Fox  and  Mr.  Pitt  appear  to  me  to  have  set  every 
tie  that  can  bind  mankind,  every  principle  which  ought  to  be  held 
sacred,  at  open  defiance.  Jt  is  openly  avowed  by  both  that  a  treaty 
of  alliance  is  in  agitation  between  England  and  Holland  at  this 
mouRiit,  wlien  a  treaty  recently  made  between  France  and  Holland 


DIPLOMATIC  CORRESPONDENCE.  819 

is  In  full  force,  and  when  there  is  no  pretence  of  a  violation  of  it. 
Is  not  this  a  most  outrageous  insult  in  the  face  of  the  whole  world, 
(for  the  debates  in  Parliament  are  known  to  be  published  all  over 
Europe.)  upon  the  law  of  nations,  upon  the  fiiith  of  treaties  and 
national  honor  ?  Is  it  the  intention  of  the  speech,  and  of  the  addresses 
which  will  echo  it  back  to  the  throne,  to  force  the  house  of  Bourbon 
into  a  war?  To  me  it  seems  manifest.  If  France  should  bear  it 
patiently  what  are  we  to  think  ?  The  fermentation  in  that  kingdom 
occasioned  by  the  ruin  brought  upon  it  by  that  Administration  of 
whose  merits  you  have  long  since  formed  an  accurate  judgment,  and 
by  the  exertions  to  obtain  provincial  and  national  assemblies,  threatens 
much  confusion.  It  is  not  possible  to  foresee  what  the  effect  will  be. 
I  own  myself  afraid  that  the  patriots  in  France  will  prove  as  unskilful 
and  unsuccessful  asserters  of  a  free  Government  as  those  in  Holland 
have  been.  A  tedious  relaxation,  if  not  the  most  serious  divisions,  is 
to  be  apprehended ;  if,  however,  the  house  of  Bourbon  is  unable  to 
assert  her  dignity  upon  this  occasion,  I  am  clearly  convinced  that  the 
pride  and  arrogance  of  England  will  rise  so  high  as  to  demand  the 
demolition  of  Cherbourg,  and  attempt  to  sever  South  America  from 
Spain.  Nor  will  this  be  all ;  she  will  demand  the  annihilation  of 
several  articles  at  least  of  the  treaties  between  France  and  the  United 
States  of  America.  Nor  will  they  stop  here.  If  they  can  bind 
Holland  in  their  shackles,  and  France,  by  her  internal  distractions,  is 
unable  to  interfere,  she  will  make  war  immediately  against  us.  They 
are  at  present,  both  at  Court  and  in  the  nation  at  large,  much  more 
respectful  to  me  and  much  more  tender  of  the  United  States  than 
they  have  ever  been  before ;  but,  depend  upon  it,  this  will  not  last. 
They  will  aim  at  recovering  back  the  western  lands,  at  taking  away 
our  fisheries,  and  at  the  total  ruin  of  our  navigation  at  least. 

The  United  States  of  America,  therefore,  had  never  more  reason 
to  be  upon  their  guard  to  complete  their  constitution  of  government ; 
to  unite,  as  one  man  to  meet  with  courage  and  constancy  the  severe 
trials  which,  in  all  probability,  they  will  be  called  to  undergo  in  a 
very  few  years. 

There  is  some  room,  however,  to  hope  that  Mr.  Pitt  and  Mr.  Fox 
are  outrunning  the  Dutchman  in  their  disposition  for  an  alliance. 
The  friendship  of  France  appears  to  me  to  be  so  necessary  to  the 
King  of  Prussia,  that  I  cannot  yet  believe  that  he  will  advise  the 


8-20  JOHN  ADAMS— JOHN  JAY. 

Stadtholder  to  follow  the  English  party  so  implicitly.  The  state  of 
Europe  at  large  is  so  bonfused  that  there  is  not  one  politician  in  the 
world,  that  I  can  hear  of,  who  pretends  to  foresee  what  turn  affairs 
may  take. 

With  great  respect,  he,  JOHN  ADAMS. 


THE    KING    OF    ENGLAND  S    SPEECH. 

My  Lords  and  Gentlemen, 

At  the  close  of  the  last  session  I  informed  you  of  the  concern  with 
which  I  observed  the  disputes  unhappily  subsisting  in  the  republic  of 
the  United  Provinces. 

Their  situation  soon  afterwards  became  more  critical  and  alarming, 
and  the  danger  which  threatened  their  constitution  and  independence 
seemed  likely,  in  its  consequences,  to  affect  the  security  and  interest 
of  my  dominions. 

ISo  endeavors  on  my  part  were  wanting  to  contribute,  by  my  good 
offices,  to  the  restoration  of  tranquillity  and  the  maintenance  of  the 
lawful  Government ;  and  I  also  thought  it  necessary  to  explain  my 
intention  of  counteracting  all  forcible  interference  on  the  part  of 
France  in  the  internal  affairs  of  the  republic ;  under  these  circum- 
stances, the  King  of  Prussia  having  taken  measures  to  enforce  his 
demand  of  satisfaction  for  the  insult  offered  to  the  Princess  of  Orange, 
the  party  which  had  usurped  the  Government  of  Holland  applied  to 
the  most  Christian  King  for  assistance,  who  notified  to  me  his  inten- 
tion of  granting  their  re(|uest.  In  conformity  to  the  principles  which 
I  had  Jjcfore  explained,  I  did  not  hesitate,  on  receiving  this  notifica- 
\\ou,  to  declare  that  I  could  not  remain  a  quiet  spectator  of  the  armed 
interfrrcnre  of  France,  and  I  gave  immediate  orders  for  augmenting 
my  forces,  both  by  sea  and  land. 

In  the  course  of  these  transactions  I  also  thought  ])n))K'r  to 
conclude  a  treaty  willi  the  Landgrave  of  Hesse  Cassel,  by  which  I 
secured  the  assistance  of  a  considerable  body  of  troops  in  case  my 
service  should  retjuire  it. 

In  the  meantime  the;  rapid  success  of  the  Pnissian  troops,  under 
tlu'  ronduft  of  the;  Duke  of  Hiunswick,  while  it  was  the  means  of 
obtaining  the  reparation  demanded  by  the  King  of  Prussia,  enabled 


DIPLOMATIC  CORRESPONDENCE.  821 

the  provinces  to  deliver  themselves  from  the  oppression  under  which 
they  labored,  and  to  reestablish  their  lawful  Government. 

All  subjects  of  contest  being  thus  removed,  an  amicable  explana- 
tion took  place  between  me  and  the  most  Christian  King,  and 
declarations  have  been  exchanged  by  our  respective  ^linisters,  by 
which  we  have  agreed  mutually  to  disarm,  and  to  place  our  naval 
establishments  on  the  same  footing  as  in  the  beginning  of  the  present 
year. 

It  gives  me  the  greatest  satisfaction  that  the  important  events 
which  I  have  communicated  to  you  have  taken  place  without 
disturbing  my  subjects  in  the  enjoyment  of  the  blessings  of  peace ; 
and  I  have  great  pleasure  in  acquainting  you  that  I  continue  to 
receive  from  all  foreign  Powers  the  fullest  assurances  of  their  pacific 
and  friendly  disposition  towards  this  country.  I  must  at  the  same 
time  regret  that  the  tranquillity  of  one  part  of  Europe  is  unhappily 
interrupted  by  the  war  which  has  broken  out  between  Russia  and 
the  Porte. 

A  convention  has  been  agreed  upon  between  me  and  the  most 
Christian  King,  explanatory  of  the  thirteenth  article  of  the  last  treaty 
of  peace,  and  calculated  to  prevent  jealousies  and  disputes  between 
our  respective  subjects  in  the  East  Indies.  I  have  ordered  copies  of 
the  several  treaties  to  which  I  have  referred,  and  of  the  declaration 
and  counter-declaration  exchanged  at  Versailles,  to  be  laid  before 
you. 

Gentlemen  of  the  House  of  Commons : 

I  have  ordered  the  estimates  for  the  ensuing  year  to  be  laid  before 
you,  together  with  an  account  of  the  extraordinary  expenses  which 
the  situation  of  affairs  rendered  necessary. 

I  have  the  fullest  reliance  on  your  zeal  and  public  spirit,  that  you 
will  make  due  provision  for  the  several  branches  of  the  public  service. 
I  am  always  desirous  of  confining  those  expenses  within  the  narrowest 
limits  which  a  prudent  regard  to  the  public  safety  will  permit ;  but  I 
must,  at  the  same  time,  recommend  to  your  particular  attention  to 
consider  the  proper  means  for  maintaining  my  distant  possessions  in 
an  adequate  posture  of  defence. 

My  Lords  and  Gentlemen : 

The  flourishing  state  of  the  commerce  and  revenues  of  this  country 
cannot  fail  to  encourage  you  in  the  pursuit  of  such  measures  as  may 
confirm  and  improve  so  favorable  a  situation. 


822  JOHN  ADAMS— JOHN  JAY. 

These  circumstances  must  also  render  you  peculiarly  anxious  for 
the  continuance  of  public  tranquillity,  which  it  is  my  constant  object 
to  preserve.  I  am,  at  the  same  time  persuaded  you  will  agree  with 
me  in  thinking  that  nothing  can  more  effectually  tend  to  secure  so 
invaluable  a  blessing  than  the  zeal  and  unanimity  which  were  show^n 
by  all  ranks  of  my  subjects  on  the  late  occasion,  and  which  mani- 
fested their  readiness  to  exert  themselves  whenever  the  honor  of  my 
crown  or  the  interest  of  my  dominions  may  require  it. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  DcccmbcT  11,  1787. 

Dear  Sir, 

I  have  been  desired  by  Patrick  Miller,  Esquire,  of  Dalswinton,  to 
transmit  to  Congress  the  enclosed  paper  of  experiments  in  naviga- 
tion. It  is  the  sequel  of  his  Treatise  on  Naval  Architecture,  which 
I  had  the  honor  to  transmit  to  Congress  last  spring. 

I  have  the  honor  to  be,  &;c.,  JOHN  ADAMS. 


Experiments  in  Navigation  by  Patrick  Miller,  Esquire,  2d  June, 

1787. 

An  account  of  experiments  made  by  Mr.  Miller  in  the  Frith  of 
Forth,  the  2d  of  June,  1787,  in  a  double  vessel  sixty  feet  long,  and 
fourteen  and  a  half  feet  broad,  put  in  motion  by  his  water-wheel, 
wrought  by  a  capstan  of  five  bars,  each  bar  five  feet  long.  On  the 
lower  part  of  the  capstan  was  fixed  a  wheel,  with  teeth  pointing 
upwards,  to  work  in  a  trundle  fixed  on  the  axis  of  the  water-wheel. 
The  diameter  of  this  wheel  is  equal  to  three  and  a  half  diameters  of 
the  trundle ;  so  that  one  revolution  of  the  capstan  produces  three 
and  a  half  revolutions  of  the  water-wheel. 

'I'Ik;  vessel  is  three-masted,  and  sails  uncommonly  fast  when 
there  is  a  smart  breeze,  and  the  wheel  is  raised  above  the  surface  of 
the  water. 

After  making  sundry  tacks  in  tli<^  Frith,  wilii  all  the  sails  set,  the 
wind  fell  to  a  g<'iiilf;  breeze,  when  all  the  sails  were  taken  in,  and 
the  lullowing  experiments  made: 


DIPLOMATIC  CORRESPONDENCE.  823 

The  vessel  being  put  in  motion  by  the  water-wheel,  wrought  by- 
five  men  at  the  capstan,  was  steered  so  as  to  keep  the  wind  right 
ahead,  and  her  rate  of  going  was  found  by  the  log  to  be  three  and 
a  half  miles  in  the  hour. 

After  this,  the  wind  was  brought  on  the  beam,  (that  situation 
being  considered  as  the  nearest  to  trying  the  effect  of  the  wheel  in 
a  calm,)  when  five  men  at  the  capstan  made  the  vessel  go  at  the 
rate  of  four  miles  an  hour. 

With  the  wind  brought  on  the  quarter,  five  men  caused  her  to  go 
at  the  rate  of  four  and  a  half  miles  an  hour. 

Four  men  at  the  rate  of  four  miles  an  hour. 

Three  men,  something  more  than  three  miles  in  the  hour. 

Two  men,  at  the  rate  of  two  and  a  half  miles  in  the  hour. 

One  man,  at  the  rate  of  one  mile  and  three  quarters  of  a  mile  in 
the  hour. 

It  is  proper  to  remark,  that  a  vessel  of  the  same  length  with  that 
in  which  the  experiments  were  made,  if  in  real  service,  should  be 
furnished  with  two,  if  not  three,  water-wheels,  and  the  same  number 
of  capstans. 

These  experiments,  and  others,  made  in  a  double  vessel,  thirty- 
five  feet  long,  with  five  wheels  wrought  by  cranks,  have  enabled 
Mr.  Miller  to  ascertain  sundry  matters  of  great  importance,  about 
which  he  entertained  doubts  when  he  wrote  the  Treatise  on  Naval 
Architecture,  to  be  presented  to  the  Congress  of  the  United  States 
of  America. 

One  of  these  related  to  the  power  most  proper  to  work  the  water- 
wheel.  He  is  now  satisfied  that  the  capstan  possesses  the  power 
best  suited  to  that  purpose.  The  mechanism  of  the  movement  is 
simple,  and,  by  extending  the  bars  one  or  two  feet,  the  diameter  of 
the  wheel  on  the  capstan  may  be  enlarged,  and  thereby  the  revolu- 
tions of  the  water-wheel  will  be  increased,  which  must  accelerate 
the  motion  of  the  ship. 

He  is  equally  well  satisfied  as  to  the  distance  at  which  the 
different  vessels  should  be  placed  from  each  other.  He  does  not 
hesitate  to  say,  that  in  a  triple  ship,  of  the  length  and  breadth  of 
our  first-rates,  the  vessels  should  not  be  placed  at  more  than  six  feet 
from  each  other.  A  ship  of  twice  the  length,  and  about  twice  the 
breadth  of  our  first-rates,  should  be  quintuple,  and  the  vessels  placed 
at  the  distance  of  five  and  a  half  feet  from  each  other. 


824  JOHN  ADAMS-JOHN  JAY. 

From  the  ffreat  number  of  wheels  which  can  be  wrouo;ht  with 
capstans  in  ships  of  these  magnitudes,  Mr.  Miller  is  certain  they 
may  be  made  to  go  from  four  to  five  miles  an  hour  in  a  calm,  and 
from  three  to  four  miles  an  hour  ao;ainst  li":ht  winds. 

As  an  objection  to  ships  of  this  construction,  it  is  said  that  the 
sea  will  separate  the  different  bottoms.  This  objection  is  not  well 
founded,  for  top  weight  not  being  detrimental  to  these  ships,  in  point 
of  stiffness,  all  the  beams  on  the  different  decks  may  be  of  the  same 
size,  and  the  strength  of  these  united  must  be  very  superior  to  any 
weight  or  force  which  can  operate  against  it.  When  the  ship  is 
afloat,  however  agitated  or  high  the  sea  may  be,  the  united  strength 
of  so  many  beams  may  be  estimated,  in  some  degree,  by  calculating 
the  weight  it  will  take  to  break  an  oak  beam  five  and  a  half  or  six 
feet  long,  of  the  breadth  and  thickness  of  a  first-rate's  lower  deck 
beam. 

Dalswinton,  November  19,  1787. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvcnor  Square,  December  16,  1787. 
Dear  Sir, 

Two  days  ago  I  received  the  letter  you  did  me  the  honor  to  write 
me  on  the  IGth  of  October,  with  its  enclosures. 

The  approbation  of  my  conduct  in  Europe,  expressed  in  the  reso- 
lutions of  Congress  of  the  5th  of  October,  does  me  honor,  and 
d(;mands  my  acknowledgments.  The  permission  to  return  to 
America,  and  the  termination  of  my  commission  in  Holland,  having 
removed  all  difficulties,  it  is  my  intention  to  embark  with  my  family 
in  the  month  of  March.  It  would  give  me  great  pleasure,  sir,  to 
acff'pt  of  your  polit<;  and  friendly  invitation  to  New  York  ;  but  as 
tin;  Iwahli  of  my  family  is  very  tender,  and  their  apprehensions  of 
the  sea  very  gn^it,  it  will  be  necessary  for  nu;  to  embark  for  JJoston. 
Mr.  Siniih  and  his  family  will  embark  for  N(;w  York.  As  Congress 
have  iK)t  transtiiitted  him  any  orders  nilalivi."  to  another  Minister,  or 
to  a  (Jhiirge  d'Affaires  at  this  Court,  the  j)resumption  is,  that  it  is 
eiilier  the  intention  of  Congress  to  have  no  diplomatic  character  here, 
or  tl\;it  (jther  persons  are  destined  to  fill  it ;  in  either  case,  Mr. 
Smith's  road  is  as  clear  as  min(; — to  return  home. 


DIPLOMATIC  CORRESPONDENCE.  825 

You  have  before  this  tune  received  from  Colonel  Smith  his  own 
account  of  his  journey,  arrival,  and  reception  in  Portugal.  This 
reception  was  more  flattering  than  could  have  been  expected,  and 
was  in  every  respect,  I  presume,  fully  satisfactory  to  him.  But  the 
mission  has  been  attended  with  consequences  affecting  his  health, 
which,  there  is  reason  to  fear,  he  will  have  cause  to  remember  for 
some  time.  A  bilious  fever,  or  tertian  ague,  contracted  in  Portugal 
or  Spain,  has  left  him  in  a  delicate  state  of  health,  which  I  fear  he 
will  not  fully  remove  till  he  arrives  in  America. 

The  public  mind  cannot  be  occupied  about  a  nobler  object  than 
the  proposed  plan  of  government.  It  appears  to  be  admirably  calcu- 
lated to  cement  all  America  in  affection  and  interest  as  one  great 
nation.  A  result  of  accommodation  and  compromise  cannot  be  sup- 
posed perfectly  to  coincide  with  any  one's  ideas  of  perfection.  But 
as  all  the  great  principles  necessary  to  order,  liberty,  and  safety,  are 
respected  in  it,  and  provision  is  made  for  corrections  and  amend- 
ments as  they  may  be  found  necessary,  I  confess  I  hope  to  hear  of 
its  adoption  by  all  the  States. 

Two  days  ago  a  great  consternation  was  spread  in  the  stock 
exchange  by  a  report  of  a  quadruple  alliance  of  the  two  Empires 
with  France  and  Spain.  Whether  this  is  any  more  than  an  artificial 
circulation  to  turn  the  tide  of  popular  terror  and  vapor,  like  the 
revived  conversations  about  an  invasion  of  England,  I  know  not. 
France  undoubtedly  has  the  power  to  form  alliances,  if  she  will ; 
which  will  bring  the  existence  of  Britain  and  Prussia  into  question. 
But  the  revival  of  States  General  and  Provincial,  and  the  contests 
which  are  likely  to  arise  out  of  them,  will  give  the  French  Govern- 
ment business  for  some  time. 

Most  perfectly  do  I  agree  with  you  that  America  has  nothing  to 
fear  but  a  want  of  union  and  a  want  of  government.  The  United 
States  now  stand  in  an  elevated  situation,  and  they  must  and  will  be 
respected  and  courted,  not  only  by  France  and  England,  but  by  all 
other  Powers  of  Europe,  while  they  keep  themselves  neutral. 

It  is  suspected  by  some  that  the  additional  troops  now  recruiting 
for  the  army  are  intended  to  be  sent  to  Canada  and  Nova  Scotia. 
Their  ostensible  destination  is  to  the  West  India  Islands. 

No  answer  is  made  to  any  of  my  memorials  or  letters  to  the 
Ministry,  nor  do  I  expect  that  any  thing  will  be  done  while  I  stay. 
There  are  reports  of  an  intention  to  send  a  Minister  to  America,  and 


826  JOHN  ADAMS-JOHN  JAY. 

a  Mr.  Listen,  (1  think  the  name  is,)  now  at  Madrid,  is  mentioned. 
But  nothing  has  been  said  to  me  upon  that  subject  for  some  time. 
With  great  esteem,  he,  JOHN  ADAMS 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  February  14,  1788. 

Dear  Sir, 

I  yesterday  received  Mr.  Remsen's  letter  of  the  14th  of  December, 
with  the  journals  and  gazettes  enclosed. 

At  the  last  conferences  at  Whitehall,  which  were  last  Thursday, 
Lord  Caermarthen  tliought  proper  to  express  a  wish  that  this  country 
had  some  sort  of  treaty  of  commerce  with  the  United  States  of 
America,  that  it  might  be  no  longer  necessary  to  take  new  measures 
from  time  to  time,  which  looked  hard.  This  observation  his  Lordship 
made,  alluding  to  Mr.  Grenville's  motion  in  the  House  of  Commons 
for  making  the  regulation  of  the  intercourse  between  America  and 
the  West  India  Islands  perpetual.  His  Lordship  then  immediately 
said,  "  I  presume  Mr.  Adams  that  the  States  will  all  immediately 
'  adopt  the  new  Constitution.  1  have  read  it  with  pleasure.  It  is 
'  very  well  drawn  up."  All  this  oracular  utterance  was  to  signify  to 
me  what  has  all  along  been  insinuated,  that  there  is  not  as  yet  any 
national  Government,  but  that  as  soon  as  there  shall  be  one,  the 
British  Court  will  vouchsafe  to  treat  with  it.  You  will  see  by  the 
Morning  Chronicle  of  the  ISth  of  February,  enclosed,  that  Mr. 
Grenville's  speech  is  in  the  same  strain ;  so  that  we  may  conclude  it 
to  be  the  concerted  language  of  the  Cabinet.  It  is  unnecessary  for 
mo  to  make  any  reflections  upon  it.  The  argument  that  arises  out 
of  it,  in  favor  of  the  new  Constitution,  and  a  prompt  acceptance  of 
it,  is  but  one  among  many.  France  and  Holland  fiu'nish  as  many 
reasons  as  England.  Mr.  .IcfTerson  must  soon  follow  my  example, 
and  nturii  to  America,  if  that  Constitution  is  not  accepted  by  all  the 
Slates  ;  and  what  will  be  the  consequence  of  the  clamors  of  all  the 
oflirers  in  France  who  are  creditors,  of  all  the  notables  who  may  be 
j)liased  to  cast  reflections,  and  of  all  our  creditors  in  Holland,  for 
want  of  payment  of  interest  and  ])rincipal  as  they  become;  due,  must 
be  left  to  every  American  (citizen  seriously  to  consider. 

In  pn^paring  for  my  departure,  I  have?  been  personally  treated  with 
the  same  uniform   tenor  of  drv  diicency  and   cold   civility,  which 


DIPLOMATIC  CORRESPONDEXCE.  827 

appears  to  have  been  the  premeditated  plan  from  the  beginning ;  and 
Opposition  as  well  as  Administration  appear  to  have  adopted  the 
same  spirit.  Mr.  Fox  and  ]Mr.  Burke,  Lord  Camden  and  the  Duke 
of  Richmond,  Lord  Hawkesbury  and  Lord  North  and  Lord 
Stormont  have  all  behaved  alike.  If  this  country  can  make  such 
arrangements  that  the  King  of  Prussia  may  make  a  diversion  of  the 
French  forces  by  land,  and  the  native  Indians,  or  discontented 
subjects,  another  of  those  of  Spain  in  South  America,  you  may  easily 
believe  that  England  will  be  eager  for  war.  Let  not  our  countrymen 
flatter  themselves  that  they  shall  be  able  to  maintain  peace.  Lord 
Caermarthen,  indeed,  said  to  me  that  he  did  not  see  a  possibihty  of 
a  misunderstanding  in  Europe,  and  that  he  even  hoped  that  peace 
would  be  made  between  Russia  and  the  Porte.  His  Lordship  is  in 
profound  ignorance  of  it,  I  presume,  if  there  is  really  any  probability 
of  an  alliance  of  France  with  the  Emperor  or  Empress.  Mr.  Jefferson 
has  informed  you  of  his  conjectures  as  well  as  his  intelligence  on  that 
point. 

The  Marquis  de  la  Luzerne  is  now  Ambassador  at  this  Court  from 
France,  and  has  already  met  with  humiliations  not  easily  borne  by 
Ambassadors.  Monsieur  de  Calonne  appears  at  the  levee  and 
drawing-room,  and  even  at  the  table  of  the  Marquis  of  Caermarthen 
on  the  Queen's  birth-day,  with  the  French  Ambassador.  The 
Chevalier  de  Ternant  was  presented  by  the  French  Ambassador  to 
the  King  and  Queen,  and  treated  with  the  most  marked  disgust  by 
both.  These  things  are  hard  to  bear.  I  have  had  some  conversa- 
tion with  this  jNIinister,  with  whom  I  made  a  voyage  in  1779  from 
L'Orient  to  Boston,  in  the  Sensible,  and  could  wish  to  have  resided 
longer  with  him,  for  he  will  certainly  be  attentive  and  able  ;  but  my 
embarcation  is  fixed  to  the  month  of  March,  and  I  hope  to  be  in 
Boston  in  jNIay. 

With  great  esteem  and  regard,  k,c.,  JOHN  ADAMS. 


FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  February  16,  1788. 

Dear  Sir, 
There  is  no  maxim  more  clearly  settled  in  all  courts,  and  in  all 
negotiations  between  nations,  than   that  Sovereign   should   always 


gog  JOHN  ADAMS-JOHN  JAY. 

speak  to  Sovereign,  and  Minister  to  Minister.  I  am  not  at  all 
surprised,  therefore,  although  I  am  much  mortified  at  having  my 
memorials  to  their  High  IMightinesses  and  to  his  most  Serene 
Highness  returned  to  me,  with  the  letter  enclosed  from  Mr.  Fagel. 
I  should  have  had  a  letter  of  recall  signed  by  the  President  of 
Congress,  by  their  order,  and  addressed  to  their  High  Mightinesses. 
There  is  a  similar  irregularity  in  my  recall  from  the  British  Court ; 
for,  although  my  commission  is  limited  to  three  years,  yet  my  letter 
of  credence  to  his  INIajesty  has  no  limits  at  all.  If  the  omission  of  a 
letter  from  Congress  to  the  King  upon  this  occasion  should  not  be 
taken  as  an  offence,  it  will  not  be  because  it  is  not  observed ;  but 
from  motives  too  humiliating  to  Congress,  as  well  as  their  Minister 
here,  to  be  explained. 

There  is  no  alternative  now  left  for  me.  Home  I  must  go,  and 
leave  all  Europe  to  conjecture  that  I  have  given  offence  in  Holland 
and  in  England  ;  that  I  have  misbehaved  abroad,  though  my  conduct 
has  been  approved  at  home.  When  the  public  shall  hear  that  I  am 
gone  home  without  taking  leave,  there  will  be  no  end  of  criticism, 
conjectures,  and  reflections. 

All  that  now  remains  for  me  is  humbly  to  request  that  Congress 
would  be  pleased  to  send  me  regular  letters  of  recall  after  my  arrival 
in  America,  that  I  may  then  transmit  my  memorials  to  Europe,  and 
take  leave  in  form. 

To  a  man  who  has  taken  the  utmost  pains  to  do  his  duty,  and  to 
fuini  every  obligation  to  th(^  siiiall(\st  punctilio,  nothing  can  be  more 
disagreeable  than  such  disappointments,  especially  as  in  all  my 
letters  1  have  so  expressly  and  repeatedly  requested  regular  letters 
of  recall. 

With  great  respect,  &;c.,  JOHN  ADAMS. 


FROM    H.    FAGEL    TO    JOHN    ADAMS. 

[Translation.] 

Hague,  Fol)ruary  12,  1788. 
Sir, 

I  have  this  day  been  honored  with  your  hnter  dated  London,  25th 

.January,  of  the  present  year,  accompanic^d  with  a  memorial  to  their 

Hi;;li    .Miglilin(!sses,  and   another  to  his   Highness,  with  a  re(jU(!st  to 

(l<liv"r  the  same.     1  have  ever  experienced  su  many  j)roofs  of  your 


DIPLOMATIC  CORRESPONDENCE.  829 

friendship  and  good  will,  that  I  should  have  accounted  it  an  honor 
and  pleasure  immediately  to  have  complied  with  your  wishes, 
although  I  rather  wished  that  you  had  not  taken  leave,  and  always 
entertained  hopes  to  have  seen  you  here  once  more.  Permit  me, 
however,  to  inform  you,  that  when  I  communicated  your  letter 
addressed  to  their  High  Mightinesses,  to  the  President,  and  other 
members,  they  did  not  put  any  unfavorable  construction  upon  the 
memorial  of  taking  leave,  which,  in  every  respect,  was  found  obliging 
and  satisfactory,  excepting  that  no  letter  of  recall  from  Congress  to 
their  High  iMightinesses  accompanied  the  same,  which  is  customary ; 
for,  as  a  Minister  is  credited  by  a  letter  of  credence,  (such  a  one  as 
was  received  by  their  High  Mightinesses  on  the  22d  April,  1782, 
dated  the  1st  January,  1781,)  so,  in  like  manner,  a  Minister  is 
recalled  by  a  letter  of  recall ;  upon  which  a  letter  of  credence  is 
returned.  Perhaps  this  may  have  been  occasioned  by  an  omission 
of  the  Secretary  of  Congress,  and  this  prevents  my  making  use  of 
your  memorial,  which  ought  to  be  delivered  with  a  letter  of  recall 
from  Congress;  and  your  Excellency  will,  I  trust,  not  be  displeased 
that  I  find  myself  obliged  to  return  to  you  the  letter  and  memorial. 

Your  Excellency's  affairs  not  permitting  you  to  come  and  take  a 
personal  leave,  it  will  be  satisfactory  that  a  letter  of  recall  from 
Congress  be  transmitted  with  your  memorial. 

It  will  ever  give  me  pleasure  to  learn  of  your  welfare,  and  those 
connected  with  you,  and  to  find  opportunities  of  giving  you  proofs  of 
the  particular  regard  with  which  I  have  the  honor  to  be,  he, 

H.  FAGEL. 

P.  S.  His  Highness  being  in  the  same  predicament  with  their 
High  Mightinesses,  nothing  can  be  done  but  to  wait  for  a  letter  of 
recall  from  Congress. 


To  his  Most  Serene  Highness  William  the  Fifth,  Prince  of  Orange 
and  Nassau,  hereditary  Stadholdcr  and  Governor  of  the  United 
Provinces  of  the  Netherlands. 

A  Memorial. 

The  subscriber,  INIinister  Plenipotentiary  from  the  United  States 
of  America,  has  the  honor  to  acquaint  his  most  Serene  Highness  that 


830  JOHN  ADAMS-JOHN  JAY. 

the  said  United  States  in  Congress  assembled  have  given  him  their 
permission  to  return  to  America  after  the  24th  day  of  February, 
1788,and  have  resolved  that  his  mission  to  the  Republic  of  the  United 
Netherlands  should  then  determine.  It  is  to  him  a  mortifying 
circumstance  that  it  is  not  in  his  power  to  go  in  person  to  the  Hague, 
in  order  to  take  leave  of  their  High  Mightinesses  and  of  your  most 
Serene  Highness.  But  as  he  had  the  honor  to  be  originally  accred- 
ited by  Congress  to  your  most  Serene  Highness,  it  is  his  duty,  in 
taking  leave  of  the  Republic,  and  on  his  departure  from  Europe,  to 
pay  his  respects  to  your  most  Serene  Highness  in  writing. 

He  asks  leave  to  express  his  thanks  for  all  the  civilities  he  has, 
from  time  to  time,  received  at  your  most  Serene  Highness's  Court, 
and  his  sincere  wishes  for  the  universal  felicity  of  the  Republic  in 
general,  of  your  most  Serene  Highness,  of  your  royal  consort,  and 
illustrious  family. 

Done  at  Grosvenor  Square,  in  London,  this  25th  day  of  January, 
1788. 

JOHN  ADAMS. 


[Translation.] 

To  their  Iligh  Mightinesses  the  Lords  the  States  General  of  the 
United  Netherlands. 

A  Memorial. 

High  and  Mighty  Lords  : 

The  subscriber,  Minister  Plenipotentiary  from  the  United  States 
of  America,  has  the  honor  to  communicate;  to  your  High  Mightinesses 
a  n.'solulion  of  the  United  Slates  of  Americii  in  Congress  assembled 
of  the  o{\i  day  of  October,  1787,  by  wliicli  he  is  permitted,  agreeably 
to  his  n.'ijuest,  to  return  to  America  at  any  time  after  the  2 1th  day 
of  February,  178H,  and  by  which  his  commission  and  credentials  to 
your  High  Mightinesses  are  on  that  day  to  terminate. 

Nothing  would  have  been  more  agreeable  to  the  inclinations  of 
the  subscriber  than  to  have  passed  over  to  tlu;  Hague,  in  order  to 
have  paid  his  final  n-spects  and  to  have  taken  leave  of  your  High 
-Mightinesses,  had  not  the  siiortness  of  the  lime,,  and  ihe  severity  of 


DIPLOMATIC  CORRESPONDENCE.  831 

the  season,  and  the  tender  state  of  his  health,  been  opposed  to  his 

wishes. 

The  magnanimity  and  wisdom  with  which  your  High  Mightinesses, 

in  1782,  manifested  your  friendship  to  the  United  States  of  America, 
contributed  to  accelerate  the  general  peace  of  the  world,  which  has 
lasted  so  long ;  and  the  candor  and  goodness  of  your  High  Mighti- 
nesses, and  of  the  whole  Republic,  to  the  subscriber,  as  well  as  to 
his  country,  have  made  impressions  on  his  mind  which  neither  time, 
place,  nor  circumstance  can  ever  efface. 

In  finishing  his  course  in  Europe,  and  in  taking  a  respectful  leave 
of  your  High  Mightinesses,  he  begs  leave  to  express  his  ardent  wishes 
for  the  happiness  and  prosperity  of  your  High  ]Mightinesses  and  your 
families,  and  his  sincere  assurances  that  in  whatever  country  he  may 
be,  he  shall  never  cease  to  pray  for  the  liberty,  the  independence, 
and  the  universal  happiness  and  prosperity  of  the  whole  Republic  of 
the  United  Netherlands. 

Done  at  London,  this  twenty-fifth  day  of  January,  A.  D.  1788. 

JOHN  ADAMS. 


By  the  United  States  in  Congress  assembled,  October  5,  1787. 

On  a  report  of  the  Secretary  of  Foreign  Affairs,  to  whom  were 
referred  two  letters  from  the  Honorable  John  Adams,  of  the  24th 
and  27th  of  January  last : 

Resolved,  That  the  Honorable  John  Adams,  the  Minister  Pleni- 
potentiary of  the  United  States  at  the  Court  of  London,  be  permitted, 
agreeably  to  his  request,  to  return  to  America  at  any  time  after  the 
24th  day  of  February,  in  the  year  of  our  Lord  1788,  and  that  his 
commission  of  Minister  Plenipotentiary  to  their  High  Mightinesses 
do  also  then  determine. 

Resolved,  That  Congress  entertain  a  high  sense  of  the  services 
which  ]Mr.  Adams  has  rendered  to  the  United  States,  in  the  execution 
of  the  various  important  trusts  which  they  have  from  time  to  time 
committed  to  him ;  and  that  the  thanks  of  Congress  be  presented  to 
him  for  the  patriotism,  perseverance,  integrity,  and  diligence  with 
which  he  hath  ably  and  faithfully  served  his  country. 

CHAS.  THOMSON,  Secretary. 


332  JOHN  ADAMS— JOHN  JAY. 

FROM  JOHN  ADAMS  TO  JOHN  JAY. 

Grosvenor  Square,  February  21,  1788. 

Dear  Sir, 

ifesterday  I  had  my  audience  of  leave  to  his  Majesty.  I  shall 
not  trouble  you  with  any  particulars  of  the  previous  steps  to  obtain 
this  audience,  (which  you  know  are  always  troublesome  enough,) 
nor  with  any  detail  of  the  conversation,  farther  than  the  public  is 
immediately  interested  in  it.  The  substance  of  my  address  to  his 
Majesty  was  no  more  than  a  renewal  of  assurances,  in  behalf  of  the 
United  States,  of  their  friendly  dispositions,  and  of  their  continued 
desire  to  cultivate  a  liberal  intercourse  of  commerce  and  good  offices 
with  his  Majesty's  subjects  and  States ;  thanks  for  the  protection 
and  civilities  of  his  Court;  and  good  wishes  of  prosperity  to  his 
Majesty,  his  royal  family,  his  subjects,  and  dominions.  The  King's 
answer  to  me  was  in  these  words :  "  Mr.  Adams,  you  may,  with 
'  great  truth,  assure  the  United  States  that  whenever  they  shall  fulfil 
'  the  treaty  on  their  part,  I,  on  my  part,  will  fulfil  it  in  all  its 
'  particulars.  As  to  yourself,  I  am  sure  I  wish  you  a  safe  and 
'  pleasant  voyage,  and  much  comfort  with  your  family  and  friends." 

This  was  the  answer  in  ceremony.  His  Majesty  was  then  pleased 
to  ask  me  many  questions  about  myself  and  my  family  ;  how  long  I 
had  been  absent  from  them,  &;c. ;  which  were  intended,  I  suppose, 
to  be  very  gracious  and  flattering,  but  were  of  no  consequence  to 
the  public,  and  therefore  will  be  here  omitted.  It  now  remains  to 
take  leave  of  the  Queen  and  the  Princess,  the  Cabinet  Ministers, 
and  corps  diplomatique — a  species  of  slavery,  more  of  which,  I 
believe,  has  fallen  to  my  share  than  ever  happened  before  to  a  son 
of  liberty ;  and  I  much  fear  that  the  omission  of  a  letter  of  recall, 
and  the  oiYaucv.  taken  at  it  in  Holland,  will  oblige  me  to  go  over 
to  tin;  Hague,  to  repeat  the  same  tedious  ceremonies  there.  At  this 
season  of  tin;  year,  so  near  the  equinox,  to  have  the  passage  from 
Harwich  to  Ilelvoet  to  cross  twice,  is  a  punishment  for  sins  to  me 
unkiK^wri. 

1  am  extremely  afl3icted,  my  dear  sir,  at  the  news  of  your  ill 
iieallh  ;  but  1  hope  you  will  be  soon  restored,  for  the  public  at  this 
luoineni  has  great  need  of  your  experience  and  abilities. 

With  much  affection,  ike,  JOHN  ADAMS. 


DIPLOMATIC  CORRESPONDENCE.  833 

FROM   JOHN   ADAMS    TO    JOHN   JAY. 

Bath  Hotel,  London,  Marcli  26,  1788. 

Dear  Sir, 

I  have  only  time  to  introduce  to  you  Colonel  Smith,  and  to  request 
in  his  behalf  the  honor  of  your  friendship.  His  conduct  in  every 
part  of  Europe  where  he  has  been,  I  have  good  reason  to  believe, 
has  done  honor  to  himself,  and  given  a  favorable  idea  of  his  country. 

His  honor  and  interest,  as  well  as  those  of  his  family,  are  very 
dear  to  me,  and  I  wish  he  may  be  employed  in  some  station  or  other 
in  which  his  talents  and  address  may  be  useful  to  his  country.  As  I 
have  so  many  reasons  to  value  your  friendship  to  me,  I  naturally 
wish  you  to  extend  it  to  him  and  his.  He  is  able  to  give  you  a  very 
intelligent  account  of  affairs  in  this  country,  and  the  rest  of  Europe ; 
and  to  him  I  must  refer,  having  only  time  to  subscribe,  with  much 
affection,  your  friend, 

JOHN  ADAMS. 


FROM  JOHN  JAY  TO  JOHN  ADAMS. 

New  York,  February  14,  1788. 

Dear  Sir, 

As  this  letter  will  go  by  the  way  of  Ireland,  and  may  be  exposed 
to  accidents  in  the  course  of  its  route,  I  decline  entering  into  par- 
ticulars ;  but  as  the  long  recess  of  Congress,  who  are  now  again 
convened,  makes  it  necessary  that  the  enclosed  letters  of  recall 
should  be  transmitted  without  delay,  I  think  it  best  to  send  one  set 
by  this  conveyance,  and  to  forward  duplicates  by  another  vessel, 
which  will  sail  about  the  last  of  the  month  for  Bristol.  Your  letters 
by  the  packet  are  come  to  hand,  and  shall  be  particularly  noticed  in 
my  next,  which  will  go  under  cover  to  a  friend,  with  directions  to 
him  what  to  do  with  it  in  case  you  should  have  left  England  before 
its  arrival. 

Massachusetts  has  adopted  the  proposed  constitution  by  a  majority 
of  nineteen. 

I  am,  dear  sir,  fcc,  JOHN  JAY. 

Vol.  H.— 53 


334  JOHN  ADAMS— JOHN  JAY. 

FROM  JOHN'  ADAMS  TO  JOHN  JAY. 

Braintree,  October  11,  1788. 

Dear  Sir. 

Tlie  multiplied  cares  attending  the  removal  of  a  family  from  one 
country  to  another,  and  beginning  a  new  course  of  life,  or  resuming 
an  old  one  after  an  interruption  of  fourteen  years,  must  be  ray  apology 
(if  any  apology  is  necessary)  for  having  omitted,  till  this  time,  to 
solicit  the  final  settlement  of  my  accounts  with  the  United  States. 

As  Mr.  Barclay  has,  for  many  years,  had  the  examination  of  the 
accounts  of  all  the  Ministers  abroad,  and  of  mine  in  particular,  until 
my  removal  to  England,  I  wish  to  be  informed  whether  it  is  the 
intention  of  Congress  that  I  should  transmit  the  remainder  of  my 
accounts  to  that  gentleman,  or  any  other,  for  a  similar  examination, 
or  to  the  Board  of  Treasury,  or  to  Congress  immediately. 

Let  me  request  of  you,  sir,  to  lay  this  letter  before  that  honorable 
Assembly,  and  to  transmit  me  their  commands,  which  shall  be  obeyed 
as  soon  as  possible. 

With  great  respect,  Sec,  JOHN  ADAMS. 


END  OF  THE  SECOND  VOLUME. 


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